Oops… Federal Judge Rules Liberal Fish Study That Forced Officials to Cut Off California Water Was Based on Junk Science

Oops!… Sorry about that mass unemployment and drought.

In December 2008, the U.S. Fish and Wildlife Service issued what is known as a “biological opinion” imposing water reductions on the San Joaquin Valley and environs to safeguard the federally protected hypomesus transpacificus, a.k.a., the delta smelt. As a result, tens of billions of gallons of water from mountains east and north of Sacramento was channelled away from farmers and into the ocean, leaving hundreds of thousands of acres of arable land fallow or scorched.

Democrats created a dust bowl based on junk science.

A federal judge ruled on Tuesday that the liberal study that forced California officials to cutback on water to the Sacramento-San Joaquin River Delta was based on faulty science.
SFGate reported:

A federal judge has ruled that a landmark 2008 environmental study laying the groundwork for controversial water cutbacks from the Sacramento-San Joaquin River Delta relied on faulty science.

In his much-anticipated decision released Tuesday, U.S. District Judge Oliver Wanger ordered the U.S. Fish and Wildlife Service to re-examine and rewrite its plan for the threatened delta smelt.

The agency’s solution for shoring up the collapsing species – namely cutting water exports to California cities and farms – is “arbitrary” and “capricious,” the Fresno judge wrote in his 225-page decision…

…Wanger’s ruling upheld the evidence showing that the delta pumps do indeed trap and kill many delta smelt – a consolation for environmental groups that had fought for pumping cutbacks. However, the judge found fundamental flaws in the scientific analysis on the benefits of trimming water supplies to urban and rural areas and said the federal agency failed to examine the economic impacts of such a policy.

Agricultural water districts, plaintiffs in the case and the most vocal critic of the 2008 Fish and Wildlife Service report – officially termed a “biological opinion”- were delighted with Tuesday’s decision.

With the economy struggling and unemployment still soaring, it is welcome to see a judge refusing to rubber-stamp extreme, destructive and unjustified environmental regulations,” said Damien Schiff, attorney for the Pacific Legal Foundation, which backed several farmers in a lawsuit against the federal government. “Bottom line: The people win; junk science loses.”

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  • AuntieMadder

    It’s good that this has finally been reversed, but for how many farmers/farming families is it too late?

    Liberals hate human beings.

  • Too bad the dead almond trees can’t be grown back to production in one season. A lot of damage has been done that will take years to repair.

    Sound familiar?

  • bigkahuna

    How the hell does this stuff happen in America today? They people are sick bastards.

    I want to see a petition started to send to Nevada that says yopu relected Harry Reid the communist SOB and you are now going to PAY. Refuse to go and spend a dime there. Let them live with the consequences of election a communist. This guy needs his aSS kicked.

    Lets make the fools who elected and stole this election for Harry know we remeber who screwed us.

    I want to suggest conventions cancel them there . The National Builders Association goes there every few years and brings 100 K visitors. I hope they choose to never go back until Hary is gone.

    People ned to know socialism fails and they need to suffer

  • bigkahuna

    Liberals in congress and the whitehouse need to be declared enemies of the state !

    I hope the GOP investigate and go after every one of them who has any ethical /legal issues and punishes them to the full extent.

    Time to take off the gloves and show these SOB”s America is not going down without one hell of a fight.

  • bigL

    Vermont,too. Eff Maple syrup, bears, p.Js. Tourism, snow.

  • AuntieMadder

    Guy Average @ #2 – I stand corected. Liberals hate human beings and almond trees.

    Seriously, how will the loss or shortage of almonds affect other businesses and industries? Are the almonds harvested in that area sold in the US or are they exported? Sold domestically or exported, others will feel the loss/shortage of almonds. Others elsewhere relied upon those nuts as a part of doing their business.

    bigkahuna @ #3 – I can tell you were very angry when you posted that comment because of all the mistakes/typos. You must have been taking it out on your keyboard, fingers flying as they smacked the hell out of the keys.

  • P. Aaron

    Yeah, a victory years later. Long after the damage has been inflicted upon the innocent.

    We pay a huge cost for ignorance in this country. We continue to pay a big price giving-voluntarily to judges & politicians TOO MUCH leeway.

  • gastorgrab

    “Liberals hate human beings.”


    Isn’t it funny how liberals fight to remove any sense of artificial existence from the lives of animals, but they’re willing to set conditions for almost every human activity? They believe that lives of animals should be completely free from human interference, but that human beings cannot be trusted to conduct their own affairs.

    Why shouldn’t I be allowed my own natural habitat?

    If humans are incapable of making these important decisions, then who is in charge?

    How many of the ‘Animal Protection’ laws are written vaguely enough so as to apply to Homo-sapiens?

  • Molon Labe

    Destitute farmers must have already sold their land to the judge’s cronies.

  • Sickofobama

    I’m sure some other quack judge out there in Kalifornia will trump the judge that used commonsense.

    We must save the minnow you know.

  • Missy8s

    Can you say settlement?

    Cha ching! for the farmers that have been wrongfully discriminated against.

  • Missy8s

    They should sue the crap out of the Sierra Club and Friends of the Earth!


  • Buffalobob

    I have said it before and I’ll keep saying it. You hook up or donate to any, and I mean any environmental cause and you will destroy someones livelihood. It may not be yours this time but eventually they will get you and your family.

  • mmc

    Thank you Judge-

  • gus

    Have any of you seen what is going on in Wisconsin?? It is unbelievable. The LIBTARDS lost the House, the Senate and the Governor. They are trying to ram through AFSCME contracts RIGHT NOW. To do so, they had to bring in a State Senator who was in jail.

  • RSweeney

    One step away from the abyss…

    But the green lemmings continue to push towards the fall.

  • Peter Warner

    How about canceling out the Pigford (almost totally fraudulent) settlements and diverting those committed funds to paying those California farmers/families/communities that have suffered financial ruin as a consequence of this travesty.

    Here we have a documented and clear case of damage caused by corrupt/misguided/inept government. Will there be justice rendered in this decade?

    Best regards, Peter Warner.

  • gus

    Peter are you familiar with James Sensenbrenner?? My Congressman 30 plus years, high ranking Conservative Republican??? He sent me a form letter after I objected to PIGFORD……………………………MONTHS AGO. He said that BLACKS HAD INDEED BEEN MISTREATED. So what??? Who and how much?? This story is DEAD. It’s over. It’s a POLITICAL THIRD RAIL .

    It shouldn’t be. It’s a perfect issue to stand on principle. Unfortunately JIM SENSENBRENNER AS GOOD AS HE IS.. has been in Washington too long, spending OTHERS MONEY.

  • jainphx

    Its a sad statement that man allows its fellow man to have his land destroyed, lives destroyed, families destroyed, and for what a DAMN fish. When you stand back and watch this happen, YOU are slime, and for what do you destroy these people? This is an actual crime against humanity that will go unpunished. Unpunished unless we demand it be punished.

  • Damn-it’s about time someone came up with some common sense. The “Fraud” in the whitehouse wants us to be ordering all of our produce ect.. from other countries-the 111th congress just passed the “Food Nazi Bill” which you are not allowed to grow your own garden,or plant the crops as you see fit,or use the type of soil you think you need. Or grow the crops you know will grow where! don’t worry the “Frauds” cronies will be overseeing you to make sure you do it all right.”They can all go right straight to hell!” dont worry baby,we have protection also.

  • The article does not state that the water will be turned back on. Will the government appeal?

  • gus

    MAINSTREET? Maybe you don’t know how LIBTARDS and/or Fascists OPERATE.
    The water will be turned back on…..NEVER. Unless LIBTARDS are ERADICATED. You see MAINSTREET. Liberals are 100% OWNED/BOUGHT/PAID FOR by The SPECIAL INTERESTS who pay for them to GET ELECTED. Libtards do not compromise when they have power. EVER.

  • maraz

    Does this mean it’s over or does it mean that the Liberal nuts will appeal and drag out their radical agenda for longer?

  • squeaky

    this made a disbeliever of comedian paul rodriguez. i remember when he was calling on the one to stop by and see the damage….

  • Gimme a Break

    It’s not over until the Sierra Club’s lawyers run out of money to appeal.

  • Tiger01

    Is it really that bad, though? Especially when you consider that these people reelected incumbents (i.e. Barbara Boxer) who could have done something about this.

  • Andreas K.

    The goal of the “environmentalists” is to set us back to a leve of 1,000 years ago. Some of them have repeatedly stated this.

    They don’t even care about the environment. If so, why are they so keen on planting their wind turbines everywhere?

    They only care about themselves, about getting their names in the papers.

    The lives of people are irrelevant to them.

  • Andrew

    It’s good to see a judge with some sense. Cutting off water is a Socialist tactic. Isn’t there a fish higher on the food chain than the Delta Smelt that can be introduced to the waterways in California?

  • tarpon

    Yeah, you see our Florida beaches, littered with the bodies of dead fish killed by the global warming hoax. It’s a huge problem, not just are Florida crops being killed, but the inshore fishes.

    It’s not junk science which killed them, but it’s the junk science that is at the basis of the lie that man can change the climate. Well if they can, why don’t they? Rev them up, save our fish.

  • Eva

    Keep this in mind come election time… I know families whom have lost everything their great grandparents built because of this bullsh*t. Every person responsible should be held accountable

  • martha

    If I remember was’nt Barbara Boxer instrumental in getting the water shut off here? If so how in the world did she get reelected? If so, why is she not thrown out of office on some sort of fraud charge?
    Is the water going to be turned back on?

  • Iconoclast

    Whoopee – a small bit of symbolic justice for an entire region devastated by the actions of the enviroNazis.

    The land itself has been damaged to the point it will take years, perhaps even decades, to recover. Inhabitants impoverished, businesses destroyed, towns wrenched apart . . . just because these arrogant leftists make it their goal in life to control our lives. If our system were based on justice rather than legal niceties, that land would be fertilized with the shredded carcasses of the ___________s who precipitated this disaster and those who enabled them to do so.

  • john

    Those poor farmers and the local communities have been devastated by this junk science. REPARATIONS NEEDED. Go for it now while hope and change are handing out reparations to anyone with a gripe.

  • Carla

    Is the water going back on?

  • Finncrisp

    Actual damages will be in the hundreds of millions of dollars. I hope the tree huggers who lied to the courts have deep pockets…

    If not, We the people will get to pay for the damages. Maybe some of Cleever’s 48 Billion ear mark can go to this cause.

    This will take years to sort out. Too late for most.

  • valerie

    While the report is indeed junk, I would offer a different word to describe the science – it is “descriptive science, followed by unsupported speculation.” When people start looking for a result (numbers of dead fish, for instance) they find X numbers, and then they get better at finding out where and when to locate the result. That is the descriptive part. All they are doing is looking for something that may or may not have been there all along. They see, and report.

    When they report the increased numbers from their better ways of finding the result, if they report it as “unprecedented increase” you have unsupported speculation. That’s the junk.

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  • wanumba

    We drove past that land last year – the photo doesn’t do it justice – the area is massive, miles and miles and miles of bleak, dry, fallow land, all rigged out with miles and miles and miles of irrigation systems, must be millions of dollars investment, all installed, no water, a forced shut down of PRODUCTIVITY and those chilling signs – Congress-created DUST BOWL.

  • Mike H

    This is not the first time. In the Northwest – under Clinton – they destroy and entire industry, devestated communities, etc. over the Northern Spotted Owl. That entire – it will only next in Old Growth Forest was a lie and they knew it.

    The problem was the Barred Owl moving into the habitat as the N. Spotted. Barred is much more aggressive. The studies were done by several universities. This was known the last year of Bush the elders admin.

    Using the the Spotted Owl nonsense, the industry was destroyed and the equipment in the mills was sold and in many cases sole overseas.

    Next time someone tells you it is science and science doesn’t lie – laugh in the face. FYI – my degree is Biology. These two instances are only a couple of many examples of bogus science.

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  • money gets votes

    I’m sorry but I can’t stop crying thinking about what they’ve done to our beautiful country. As a woman veteran, I was so proud to represent my country. I never dreamed people would want to destroy our farms, our produce! not defend the 3000+ AMERICANS who died for US —by allowing the ENEMY to put up an Islamic FINANCIAL Mosque (sharia finance center), or to have a DOJ that defends our enemies or doesn’t count our military votes!! oops..what??;or a President who made our troops beg for 9 months for help; or let oil drown our beautiful Louisiana gulf when 155 boats offered to clean up the mess.Then he shut down our drilling and it gives drilling rights to CHINA and Brazil!!! Or take our top scientists and tell them you will teach ISLAMICS math science versus space exploration. ANd NOW in the omnibus deal they are trying to take over the FDA, FCC, the internet, and is about to tax us so high 55% for > $250K on all of our small business operators –they will go belly up-and then the government takes over and we are NOW under a dictatorship!!! The GOVERNMENT runs everything they OWN us!!! More BACK door sneaky deals–this ominibus deal is HORRIBLE worse than OBAMACARE!!!! SIC SIC…Thank GOD for Michele Malkin!

  • Matt

    I find it interesting…actually, typical…that the Chronicle described the environmental study as “landmark” even after a federal judge (in the 9th Circuit, no less) said it was garbage. How is “landmark” the appropriate adjective? “Misguided,” “bogus,” “hamhanded,” or “fallacious” all would have been better words.

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  • David

    It is true that many Americans were harmed by a lie. It is true that we have the right to be angry and vent our anger here. It is true that the solution is to reverse the damage. It is true that the farmers are ‘entitled’ to our help. My suggestion is that instead of writing them a check, we give them back the freedom to plow, plant and distribute as they see fit. The wounded farmer should be free to feed his friends first.

    If you draw a map of the “liberal” population in this country you will see that they are concentrated. You can discern without any trouble or training that they live in areas where NO ONE shoves a seed into the ground. They are ‘entitled’ to eat whatever they like, 3 times a day, and to complain if it’s not grown, prepared and delivered exactly the way they want. They expect to continue to demand this, and have us be grateful to feed them in exchange for them reading their normative doctrines to us.

    “Junk science” is just one version of the liberal doctrine. Let the hand that feeds them open on its own judgment of the value of their policies. How long does an empty belly stay righteous? How nourishing is paper and ink?