Cutting Of Water Isn’t Helping The Delta Smelt

I received this update from the Pacific Legal Foundation on the current status of the efforts by the Federal Government to save the delta smelt at the expense of jobs and food for humans.

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Scientific surveys taken this summer show that the Delta smelt remains close to extinction, according to the Sacramento Bee “There are very few Delta smelt out there,” Randall Baxter, a senior fisheries biologist at the state Department of Fish and Game, told The Bee.

In other words, the federal policy of imposing drought on farms, businesses and communities, by turning off pumping into the state’s main water system, isn’t having its promised effect: The pumping cutoffs aren’t resuscitating the Delta smelt population.

As a matter of principle, the feds shouldn’t be putting fish before people in environmental policy. But when they insist on doing so, and the only effect is pain for people—without gain for fish—their schemes are worse than wrongheaded, they’re illegally absurd.

We use the word, “illegally,” advisedly. PLF’s lawsuit against the Delta smelt water cutoffs argues, in part, that federal regulators failed in their statutory duty to show that their water cutbacks would actually help the fish.

They didn’t make the case, because it can’t be made in a scientifically credible way. There is no scientific consensus that stopping the pumps will keep the smelt from going down the drain.

As PLF’s Dave Stirling wrote in a June 14 op-ed in The Sacramento Bee: “[T]he frail Delta smelt species has been in decline for more than 35 years and will likely become extinct from several causes no matter how much effort or funds are expended to preserve it. One factor alone, 260 invasive, or nonnative, species – some that prey directly on the Delta smelt and others that voraciously consume its food source – have proliferated in the Delta for several decades, and cannot be eliminated without killing other protected species and causing other environmental harms.”

The one thing about the water restrictions that’s beyond debate: They have killed tens of thousands of jobs, fallowed hundreds of thousands of farm acres, and raised water costs for tens of millions of residents in Central and Southern California.

PLF attorneys will fight all the way up the judicial system to stop the feds from starving our people and our economy of water.

Sincerely,
Rob’s Signature Image
Robin L. Rivett, President
Pacific Legal Foundation

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