This item is cross-posted by permission from Legal Planet.
Quite a bit, and most of the news is bad.
American Rivers has declared the Sacramento-San Joaquin the most endangered river in the United States.
The longfin smelt has been listed as threatened by the state, but it is not going to be federally listed, at least not yet.
Commercial salmon fishing off the California coast is one step closer to being formally closed for 2009.
And while late rains have increased water supplies, some farmers are still slated to get little or no water this summer.
* The American Rivers report listing the Sacramento-San Joaquin as the nation’s “most endangered” river has garnered substantial media attention. The report cites the need to overhaul both water and flood management systems. As Matt Weiser pointed out in the Sacramento Bee, that’s no surprise to locals, but there is apparently hope in several quarter that the national attention will increase pressure to take action.
* The US FWS has declined to list the longfin smelt population in the Bay-Delta as endangered or threatened under the ESA. FWS found that the Bay-Delta population did not qualify as a Distinct Population Segment meriting listing on its own. Last month, by contrast, the California Fish and Game Commission voted to list the longfin smelt as a threatened species under the California ESA. Those two decisions are not necessarily inconsistent, since the California version looks only to the status of the population in California. The federal decision is troubling, however, because of its remarkably restrictive approach to the Distinct Population Segment question. Essentially, the feds said that because a handful of longfin smelt were found in Humboldt Bay, the Klamath River, and the Russion River ten years ago, and there was no evidence that those smelt were genetically distinct from those in the Bay, they could not find the Bay population to be a Distinct Population Segment. That calls for a level of proof that will almost never be available. Throwing a small bone to environmental interests, FWS announced that it was initiating a rangewide assessment of the smelt’s status.
* The Pacific Fisheries Management Council has recommended that there be no commercial salmon fishing season off the coast of California for the second year in a row because of low expected fall chinook returns to the Sacramento River. A 10-day recreational season will be allowed. The Council’s recommendation needs the approval of NMFS before it takes effect, but there is no reason to doubt that approval will be forthcoming.
* The Bureau of Reclamation, not surprisingly, expects a critically dry year. Its latest water allocation forecast for the Central Valley Project calls for a wide range of expected deliveries, highlighting the effect of the seniority system applied to water in the west. The median forecast (the forecast that is thought to have an equal chance of being too optimistic or too pessimistic) has deliveries pegged at 15% for the more junior agricultural contractors, while those holding senior water rights are likely to get their full allocation. NRDC’s Doug Obegi explains more about that distinction and how much water is likely to be delivered to CVP customers.
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Holly Doremus | April 22, 2009
This item is cross-posted by permission from Legal Planet. Quite a bit, and most of the news is bad. American Rivers has declared the Sacramento-San Joaquin the most endangered river in the United States. The longfin smelt has been listed as threatened by the state, but it is not going to be federally listed, at […]
Daniel Farber | April 21, 2009
On Sunday, John Boehner, the House Republican leader, explained his view of climate changeto George Stephanopoulos: “George, the idea that carbon dioxide is a carcinogen, that it’s harmful to our environment is almost comical. Every time we exhale, we exhale carbon dioxide. Every cow in the world, uh, well, you know when they do what […]
Rena Steinzor | April 20, 2009
According to media accounts, President Obama today nominated Harvard law professor Cass Sunstein to be the director of OMB's Office of Information and Regulatory Affairs — the so-called "regulatory czar." CPR President Rena Steinzor reacts to the news: I welcome Cass Sunstein’s nomination to be the Obama Administration’s regulatory czar. His past support for cost-benefit […]
Shana Campbell Jones | April 20, 2009
Tomorrow, Tuesday, Frontline will air Poisoned Waters, a two-hour documentary on the continuing pollution of American waterways (9pm on many PBS stations; check your local listings). Having seen part of the program, I recommend it. Watching a bulldozer move chicken manure – much of which will end up in the Chesapeake Bay – and seeing […]
Daniel Farber | April 17, 2009
Today, EPA gave notice that it intends to regulate greenhouse gases under the federal Clean Air Act. Technically, the notice is a proposed finding that greenhouse gases endanger public health. When it becomes final after EPA has had a chance to consider public comments, this finding will trigger other regulatory requirements that will move the […]
Daniel Farber | April 17, 2009
As ClimateWire reported (available via nytimes.com) the other week, government agencies are struggling with how to fit climate change into the process of environmental review (such as for licensing energy facilities or expanding offshore oil drilling). At one level, this is a no-brainer. Greenhouse gases contribute to climate change, and climate change is the biggest […]
Nina Mendelson | April 16, 2009
On Friday, the Washington Times went A1 above-the-fold with “Climate bill could trigger lawsuit landslide.” Environmentalists say the measure was narrowly crafted to give citizens the unusual standing to sue the U.S. government as a way to force action on curbing emissions. But the U.S. Chamber of Commerce sees a new cottage industry for lawyers. […]
Matt Shudtz | April 15, 2009
Avery DeGroh, a three-year old from Illinois, had a defibrillator implanted in her heart to deal with a congenital condition called “long QT syndrome.” It was a brand-new model with a specially designed wire (or “lead”) that is thinner and easier for doctors to install. Unfortunately, due to a problem with the new lead, one […]
Rena Steinzor | April 14, 2009
Say you live in an urban neighborhood where crime is worrisome but not overwhelming. The police are chronically understaffed, with no money to walk the beat, and instead depend on what we might call a “deterrence-based enforcement system” – making high-profile arrests, prosecuting the worst violators, and relying on the resulting publicity to frighten others […]