The PCL Insider: News From The Capitol

THE GOVERNOR'S THOUGHT PROCESS:
DELTA FISH SPECIES GOING EXTINCT...LET'S NOT EVEN TALK ABOUT IT!

Extinction is forever. Unless emergency actions are taken immediately, one of the Delta fish species will be driven to extinction by the deliberate policy of permitting water exports that damage the health of the Delta.  And several other species are waiting on death row.

Insider readers know that the results of the latest Delta fish survey show shockingly low numbers of a threatened Delta fish species.  Spring trawls aimed at measuring the size of the Delta Smelt's juvenile population found just 25 fish, the smallest number ever recorded and 93 percent fewer than the previous year. In most trawls, biologists caught no smelt at all.

This means that unless significant actions are taken immediately, extinction of this fish species is imminent. Other species are not much better off, and they, too, will be marked for extinction unless immediate and dramatic action is taken.

Unfortunately, this is not "news." For years, the Department of Fish and Game and the Department of Water Resources have known that the Delta Smelt, as well as other pelagic species in the Delta, have been in precipitous decline. Despite warnings from PCL and other groups, the Governor and his state agencies have done nothing. In fact, over the past several years this administration actually increased damaging pumping from the estuary.

Even after the dramatic disclosure of imminent extinction surfaced last week, the Governor's appointed head of the Department of Water Resources stated, "Our prime motivation is to not see a curtailment of the pumps."

When a recent court decision held that excessive water exports from the Delta were killing species, without a permit, and in violation of the Endangered Species Act, the state didn't reject the policies that are putting the lives of the Delta Smelt and other species in peril. Instead, they appealed the decision, to be able to keep right on doing what they're doing (and they've kept right on claiming the right to export water in quantities that are making it impossible for the fish to live and reproduce).

Again, it's not "news" that the very agencies charged with implementing state water policy and protecting wildlife have shown no concern about the imminent extinction of fish species in the Delta. However, we hoped that our "Green Governor" might be able to turn things around.

Friends of the River, PCL, other key environmental groups, and the Winnemem Wintu tribe had a meeting scheduled with the Governor for May 22nd to discuss both immediate and longer-term solutions for the Delta.  Not only do we have a scientifically-based emergency program to recommend that may save the Delta Smelt, we also have a proposed approach to a longer-term solution which could preserve the Delta environment for fish and other species while also providing water for urban and agricultural uses south of the Delta.

But when PCL gave the Governor's office a heads up that the recent fish survey numbers would be a topic for discussion at the May 22nd meeting, things rapidly changed. The very next day, the word came down that the Governor was very busy and would not be available for the meeting already scheduled. We've been told that the meeting was "rescheduled," but there isn't any specific date defined.

The Governor's quick about-face on this meeting, just as it's clear that the extinction of the Delta Smelt is not just a "possibility" but an imminent fact, brings to mind Robert Mankoff's New Yorker cartoon in which the man behind the desk makes his best offer on setting up a meeting:  "No, Thursday's out. How about never -- is never good for you?" 

"Let's not talk about it" is not an acceptable response to the fate of the Delta Smelt and the other fish species that are dying in the Delta. Thursday may already be too late for the Delta Smelt.  And never?

Let's never accept a politics of extinction! This Governor shouldn't either. Otherwise, he's the "Terminator" for sure.

A scientifically-based program that might still save the Delta Smelt is ready for implementation. If you think the Governor needs to say, "Do it, and do it now" then you might consider letting the Governor know what you think. And don't wait until "never" to communicate your thoughts.  "Never" just isn't acceptable.

You can reach the Governor by:

MAIL:
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814

PHONE:
916-445-2841

FAX:
916-445-4633

E-MAIL:
via: http://www.govmail.ca.gov

If you'd like the details on the scientifically-based emergency plan for Delta health, contact Mindy McIntyre by e-mail: mmcintyre@pcl.org or phone: (916) 313-4518.

DIGGING IN OUR HEELS - PCL CALLS FOR RETRIAL IN SAND AND GRAVEL MINING CASE

The scene: A gravel mining corporation near the City of Santa Clarita accused by environmental organizations, and twenty other governmental and private entities, including the California Attorney General, of flaunting basic environmental protections.

The action: A local judge sides with the mining company and grants behemoth attorney fees to an even, um, behemoth-er corporation, at the expense of a small city fighting for its environmental future.

The official story: Yes, the Bush Administration's Bureau of Land Management kinda sorta authorized one of the largest sand and gravel mining operations in the country without an environmental review. And yes, they claimed that they would defer review until the mining contracts were finalized. And yes, upon finalization they deferred review again citing their prior commitment to the project. But come on, it's a topsy-turvy world and everyone manipulates the political process for corporate profit sometimes, right?

That seems to be the perspective of the District judge. He ruled against the plaintiff and granted attorneys fees totaling $430,560 to the defendant, Cemex Inc.

The city disputed the fees and the case traveled to the Ninth District Court of Appeals where a panel of judges reviewed the case and surprisingly agreed with the lower court judge's decision. We're quite concerned about how thoroughly they reviewed the case; the memorandum explaining the panel's decision was shorter than the description of the case itself. 

PCL will now be urging an en banc (literally "full bench") rehearing so that all the judges of the Ninth District Court can review the district judge's decision.

To find out more about this case of misplaced loyalties (and attorneys fees,) contact Gary Patton (gapatton@pcl.org).

FINAL HOURS: LAST CHANCE TO BID FOR A BETTER WORLD!

The State Environmental Leadership Program's "Bid for a Better World" online auction ends tomorrow at 10:00am. That means there are only a few hours left to support a great environmental cause and win fabulous items!

If you've participated in an online auction, you know the real bidding begins in the final 24 hours. To make things even more exciting, the State Environmental Leadership Program is still adding new items to their auction catalog:
 
- Global warming is an issue that affects us all. Here's your chance to read more about this crisis and learn what you can do about it by bidding on a copy of Al Gore's "An Inconvenient Truth," autographed by former Vice President, Al Gore, himself.

- Don't set out for fun without your four-legged friend! The Approach Ruffwear Dog Pack is great for your adventurous dog heading out on multi-day trips.

- Gas prices continue to soar and the bids keep coming in for our 2007 Toyota Prius. Be the high bidder on this hybrid vehicle and you'll be smiling ear-to-ear as you drive right past those gas pumps!

Many of the items in our catalog will be closing early, so keep checking back during the final hours to make sure you get those items you've been waiting for! And remember to bookmark the website: http://www.selp.cmarket.com.
 
Don't miss your LAST CHANCE to bid for a better world!