Fishy Environmentalism At The High Court

The Pacific Legal Foundation has prepared its pleadings asking the United States Supreme Court to reverse the decision of the Ninth Circuit Court of Appeals in Delta Smelt v. Human Reality. That's not the real title of the case, but it gets the point across. Calling it Environmentalism Gone Mad v. The Economy, Human Beings, Agriculture, et al seemed too melodramatic.

You can bring yourself back up to speed by reviewing my original article on the subject here: The Fish That Conquered California. When I wrote the original piece, I was still living in San Francisco. Since that time, I've been living right in the heart of the agricultural wasteland (and former agricultural Eden) that is the result of crazed environmentalism.

As part of the ongoing battle, hearings were recently held at the House Natural Resources Subcommittee on Water and Power attempting to determine how to curb the power of Interior Secretary Ken Salazar and EPA officials. The subcommittee was specifically addressing the issue of bureucratic-created droughts. No natural disaster has caused the greatest farmland in the world to dry up. It took green weenies, their government tools, a lot of addled politicians, and one useless fish to do that.

"Jobs President" Barack Obama has entirely ignored this cancer on the job market. California's unemployment rate is now officially at 12%+, making it the second worst in the nation. In farming towns in the formerly lush Central Valley, unemployment rates are more like 35% to a staggering 42%. Farmers have been put out of business, and thousands of workers have been put out of work. When the water restrictions protecting the previously-unheard of and totally environmentally-useless Delta smelt were first put into effect, the members of the Fresno Farm Bureau alone produced $7 billion in food. Today, that figure has shrunk by $2.3 billion.

Federal Judge Oliver Wanger was the trial judge who heard the original lawsuit filed by the local farmers. Wanger, retiring this month, was the former city attorney for the town of Mendota before being appointed to the California Superior Court for Fresno County and ultimately to the federal court by George W. Bush. Mendota's current unemployment rate is 39.5%. Wanger weighed all the facts, considered the law and precedent in a lengthy opinion, and ruled in favor of the farmers and against the green weenies and their lousy fish. The enviro-kooks then appealed to the Ninth Circuit, the most-reversed federal district court of appeals, and got the decision overturned.

Judge Wanger had ruled that federal scientists had completely ignored the balancing test of environmental matters versus human needs required by the National Environmental Policy Act (NEPA). "FWS and Reclamation have not complied with the NPA or the public policy underlying NEPA which favors protecting the balance between humans and the environment." In 2005, the federal Fish and Wildlife Service had already done a comprehensive study on the Delta smelt, and determined that it was not endangered by the water transfer facilities and machinery, and if endangered at all, it was a purely natural thing having nothing to do with the movement of water into the aqueducts. Not good enough for the green weenies.

Judge Wanger's opinion went on to say: "Federal defendants completely abdicated their responsibility to consider reasonable alternatives that would not only protect the species, but would minimize the adverse impact on humans and the human environment. The result is an issuance and implementation of a one-sided, single purpose rule that inflicts drastic consequences on California's water users, a situation NEPA prohibits." The Ninth Circuit decided instead that humans are irrelevant when it comes to strict enforcement of EPA regulations and the protection of useless fish.

If the Supreme Court grants certiorari (agrees to hear the case), there is a substantial chance that at long last, the protection of "endangered species" which play no significant role in the ecosystem may finally have to give way to human needs and even simple reality. If so, the pumps will be started up, the spigots will be opened again for the first time since early 2009, the water fill flow, the Delta smelt will or will not disappear (who cares?), jobs will return, and the American food basket will thrive again.

Author's Note: No Delta smelt were harmed during the preparation of this article--unfortunately.

Fishy Environmentalism At The High Court

Category : United States Supreme Court

The Pacific Legal Foundation has prepared its pleadings asking the United States Supreme Court to reverse the decision of the Ninth Circuit Court of Appeals in Delta Smelt v. Human Reality. That's not the real title of the case, but it gets the point across. Calling it Environmentalism Gone Mad v. The Economy, Human Beings, Agriculture, et al seemed too melodramatic.

You can bring yourself back up to speed by reviewing my original article on the subject here: The Fish That Conquered California. When I wrote the original piece, I was still living in San Francisco. Since that time, I've been living right in the heart of the agricultural wasteland (and former agricultural Eden) that is the result of crazed environmentalism.

As part of the ongoing battle, hearings were recently held at the House Natural Resources Subcommittee on Water and Power attempting to determine how to curb the power of Interior Secretary Ken Salazar and EPA officials. The subcommittee was specifically addressing the issue of bureucratic-created droughts. No natural disaster has caused the greatest farmland in the world to dry up. It took green weenies, their government tools, a lot of addled politicians, and one useless fish to do that.

"Jobs President" Barack Obama has entirely ignored this cancer on the job market. California's unemployment rate is now officially at 12%+, making it the second worst in the nation. In farming towns in the formerly lush Central Valley, unemployment rates are more like 35% to a staggering 42%. Farmers have been put out of business, and thousands of workers have been put out of work. When the water restrictions protecting the previously-unheard of and totally environmentally-useless Delta smelt were first put into effect, the members of the Fresno Farm Bureau alone produced $7 billion in food. Today, that figure has shrunk by $2.3 billion.

Federal Judge Oliver Wanger was the trial judge who heard the original lawsuit filed by the local farmers. Wanger, retiring this month, was the former city attorney for the town of Mendota before being appointed to the California Superior Court for Fresno County and ultimately to the federal court by George W. Bush. Mendota's current unemployment rate is 39.5%. Wanger weighed all the facts, considered the law and precedent in a lengthy opinion, and ruled in favor of the farmers and against the green weenies and their lousy fish. The enviro-kooks then appealed to the Ninth Circuit, the most-reversed federal district court of appeals, and got the decision overturned.

Judge Wanger had ruled that federal scientists had completely ignored the balancing test of environmental matters versus human needs required by the National Environmental Policy Act (NEPA). "FWS and Reclamation have not complied with the NPA or the public policy underlying NEPA which favors protecting the balance between humans and the environment." In 2005, the federal Fish and Wildlife Service had already done a comprehensive study on the Delta smelt, and determined that it was not endangered by the water transfer facilities and machinery, and if endangered at all, it was a purely natural thing having nothing to do with the movement of water into the aqueducts. Not good enough for the green weenies.

Judge Wanger's opinion went on to say: "Federal defendants completely abdicated their responsibility to consider reasonable alternatives that would not only protect the species, but would minimize the adverse impact on humans and the human environment. The result is an issuance and implementation of a one-sided, single purpose rule that inflicts drastic consequences on California's water users, a situation NEPA prohibits." The Ninth Circuit decided instead that humans are irrelevant when it comes to strict enforcement of EPA regulations and the protection of useless fish.

If the Supreme Court grants certiorari (agrees to hear the case), there is a substantial chance that at long last, the protection of "endangered species" which play no significant role in the ecosystem may finally have to give way to human needs and even simple reality. If so, the pumps will be started up, the spigots will be opened again for the first time since early 2009, the water fill flow, the Delta smelt will or will not disappear (who cares?), jobs will return, and the American food basket will thrive again.

Author's Note: No Delta smelt were harmed during the preparation of this article--unfortunately.
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The Pacific Legal Foundation has prepared its pleadings asking the United States Supreme Court to reverse the decision of the Ninth Circuit Court of Appeals in Delta Smelt v. Human Reality. That's not the real title of the case, but it gets the point across. Calling it Environmentalism Gone Mad v. The Economy, Human Beings, Agriculture, et al seemed too melodramatic.

You can bring yourself back up to speed by reviewing my original article on the subject here: The Fish That Conquered California. When I wrote the original piece, I was still living in San Francisco. Since that time, I've been living right in the heart of the agricultural wasteland (and former agricultural Eden) that is the result of crazed environmentalism.

As part of the ongoing battle, hearings were recently held at the House Natural Resources Subcommittee on Water and Power attempting to determine how to curb the power of Interior Secretary Ken Salazar and EPA officials. The subcommittee was specifically addressing the issue of bureucratic-created droughts. No natural disaster has caused the greatest farmland in the world to dry up. It took green weenies, their government tools, a lot of addled politicians, and one useless fish to do that.

"Jobs President" Barack Obama has entirely ignored this cancer on the job market. California's unemployment rate is now officially at 12%+, making it the second worst in the nation. In farming towns in the formerly lush Central Valley, unemployment rates are more like 35% to a staggering 42%. Farmers have been put out of business, and thousands of workers have been put out of work. When the water restrictions protecting the previously-unheard of and totally environmentally-useless Delta smelt were first put into effect, the members of the Fresno Farm Bureau alone produced $7 billion in food. Today, that figure has shrunk by $2.3 billion.

Federal Judge Oliver Wanger was the trial judge who heard the original lawsuit filed by the local farmers. Wanger, retiring this month, was the former city attorney for the town of Mendota before being appointed to the California Superior Court for Fresno County and ultimately to the federal court by George W. Bush. Mendota's current unemployment rate is 39.5%. Wanger weighed all the facts, considered the law and precedent in a lengthy opinion, and ruled in favor of the farmers and against the green weenies and their lousy fish. The enviro-kooks then appealed to the Ninth Circuit, the most-reversed federal district court of appeals, and got the decision overturned.

Judge Wanger had ruled that federal scientists had completely ignored the balancing test of environmental matters versus human needs required by the National Environmental Policy Act (NEPA). "FWS and Reclamation have not complied with the NPA or the public policy underlying NEPA which favors protecting the balance between humans and the environment." In 2005, the federal Fish and Wildlife Service had already done a comprehensive study on the Delta smelt, and determined that it was not endangered by the water transfer facilities and machinery, and if endangered at all, it was a purely natural thing having nothing to do with the movement of water into the aqueducts. Not good enough for the green weenies.

Judge Wanger's opinion went on to say: "Federal defendants completely abdicated their responsibility to consider reasonable alternatives that would not only protect the species, but would minimize the adverse impact on humans and the human environment. The result is an issuance and implementation of a one-sided, single purpose rule that inflicts drastic consequences on California's water users, a situation NEPA prohibits." The Ninth Circuit decided instead that humans are irrelevant when it comes to strict enforcement of EPA regulations and the protection of useless fish.

If the Supreme Court grants certiorari (agrees to hear the case), there is a substantial chance that at long last, the protection of "endangered species" which play no significant role in the ecosystem may finally have to give way to human needs and even simple reality. If so, the pumps will be started up, the spigots will be opened again for the first time since early 2009, the water fill flow, the Delta smelt will or will not disappear (who cares?), jobs will return, and the American food basket will thrive again.

Author's Note: No Delta smelt were harmed during the preparation of this article--unfortunately.

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Fishy Environmentalism At The High Court,

United States Supreme Court,

Fishy Environmentalism At The High Court