Fish Sniffer On Demand Digital Edition Issue 3911 May 2020

18 T May 2020 VOL.39 • ISS. 11 California files legal claims challenging federal water plan n a move backed by fishing, envi- ronmental and tribal organizations, California Attorney General Xavier Becerra, the California Natural Resources Agency, and the California Environmental Protec- tion Agency on Earth Day filed a motion for a preliminary injunction in a lawsuit challenging the Trump Administration’s “unlawful expansion of federal water export operations in the Central Valley.” The filing argues that the diversion of water in accordance with the Trump Administration’s revised biological opinions will cause ”imminent and irreparable harm to species protected under the California Endangered Species Act and the federal Endangered Species Act,” according to a statement from the Attorney General’s Office. “The Trump Administration is recklessly endangering California’s ecosystem and depleting irreplaceable natural resources,” said Attorney General Becerra. “As we speak, some of California’s most endangered species are being pushed closer to extinction – and there is no way to turn back the clock once the damage is done. We are fighting to prevent the Trump Administration’s blatant disregard for science and the law before it permanently alters California’s environ- mental landscape.” Attorney General Becerra, along with state partners, filed a lawsuit on February 20, 2020, challenging the Trump Admin- istration’s decision to adopt what Becerra described as “scientifically deficient biolog- ical opinions that enable additional water exports from the San Joaquin Delta without providing adequate safeguards for endan- gered species.” The lawsuit argues that the Trump Administration’s actions “violate the state and federal Endangered Species Acts, the Administrative Procedure Act, and the National Environmental Policy Act by failing to protect endangered species and their habitat in the Sacramento and San Joaquin River watersheds, including the San Joaquin Delta.” In today’s filing, Attorney General Becerra argues that a preliminary injunc- tion is necessary to prevent “immediate and irreversible harm” to California’s ecosystem, particularly to California’s endangered Delta smelt, longfin smelt, and threatened steelhead trout. The motion was filed as the Delta smelt, once the most abundant fish species on the Sacramento-San Joaquin River Delta, continues its steep slide towards extinction. For the second year in a row, the California Department of Fish and Wildlife in its annual fall midwater trawl survey in 2019 found zero Delta smelt during the months of September, October, November and December. Found only in the San Francisco Bay-Delta Estuary, the smelt is an indicator species that shows the health of the ecosystem. Decades of water exports and environmental degradation under the state and federal governments have brought the smelt to the edge of extinction. Becerra asserts the Trump Adminis- tration’s operation of water pumps in the Delta under the biological opinions violates the state and federal Endangered Species Acts because it has resulted, and will result, in the unlawful take of Delta smelt, longfin smelt, threatened Central Valley steelhead and other fish species. Becerra also amended the original complaint to include the claim that the Trump Administration’s actions violate the federal Endangered Species Act and the California Endangered Species Act. A copy of the motion and the amended By Dan Bacher complaint can be found here and here. Bureau of Reclamation Commissioner Brenda Burman issued a statement strongly criticizing the state of California and Attorney General Becerra for filing a motion for a preliminary injunction and other pleadings today regarding the Central Valley Project. “At no other time in modern history has the State of California taken such ill-founded actions to directly hurt more than 25 million Californians by unnecessarily jeopardizing their water supply. Now, more than ever, it is critical that water be reliably delivered to Americans, and we are taking actions to do that,” claimed Burman. On the other hand, salmon fishermen praised the Governor and Attorney General for filing the litigation. “We appreciate the Governor and Attorney General stepping up to protect California’s natural resources, including salmon and related jobs, from the Trump Bureau of Reclamation,” said John McManus, President of the Golden Gate Salmon Association. “The Trump team is draining and killing the Delta and Central Valley rivers right now, just when this year’s crop of baby salmon are trying to make it out to sea so we’re thankful for the state’s intervention to stop this.” “The governor and AG’s action to protect California from another Trump administration attack on our environment will not only aid salmon and other wildlife, but also, ironically, make more water available to everyone in Southern California,” he said. ”This action by the governor is good for California’s environment, for salmon fishing jobs throughout California, and for the residents and businesses in Southern California. Fair is fair. The Trump Administration should obey the same laws that apply to all Californians,” McManus concluded. According to Restore the Delta, the court documents filed are (1() An amended complaint, which adds claims that the Bureau of Reclama- tion’s operations of the CVP violate the Endan- gered Species Act and violate the California Endangered Species Act and (2) a motion for a preliminary injunction, asking the Court to limit pumping next month to the levels required by the 2008 and 2009 biological opinions, rather than the higher pumping levels allowed under the Trump biops. “We are grateful to California Attorney General Xavier Becerra for his continued work to protect the San Francisco Bay-Delta estuary from extreme pumping,” said Barbara Barrigan-Parrilla, Executive Director, Restore the Delta. “Delta species deserve protection -- and the health of Delta people is tied to the proper management and health of the estuary. What a great way to honor the legacy of environmental law enforcement since the first Earth Day, 50 years ago.” Politico also reported: “In October 2017, Bernhardt’s calendars show he had begun directing a series of specific steps to rewrite the underlying protections for the Delta smelt, a 3-inch-long fish that lives only in the Bay-Delta and which scientists say is teetering on the brink of extinction in large part because of water pumping. He also directed a rewrite of protections for winter-run Chinook salmon, which also restrict water exports. Those changes are aimed at cementing far looser species protec- tions than the drought bill secured, and for years going forward.” While fishing and environmental groups responded positively to the lawsuit against the Trump Administration, it must be noted that the Newsom Administration has been promoting its own water plans that pose a big threat to endangered smelt and salmon, including the Delta Tunnel, agribusi- ness-sponsored voluntary water agreements, an Environmental Impact Report (EIR) that increases water exports for the state and federal projects rather than reducing them, and a controversial water portfolio that includes fast tracking the Sites Reservoir. It is not surprising that Governor Newsom received a total of $755,198 in donations from agribusiness interests that will benefit from these plans, based on the latest data from www.followthemoney.org. That figure includes $116,800 from Beverly Hills agribusiness tycoons Stewart and Lynda Resnick, the largest orchard fruit growers in the world and the sponsors of the Coalition for a Sustainable Delta. Feinstein urges Newsom to negotiate with feds over increasing water exports to agribusiness O n April 15, U.S. Senator Dianne Feinstein and Representatives Jim Costa, TJ Cox, John Garamendi, and Josh Harder sent a letter to Governor Gavin Newsom imploring him to reach an agreement with federal agencies through negotiation, rather than judicial action, on increasing water deliveries from the Delta to San Joaquin Valley corporate agribusiness interests. A coalition of fishing groups, Tribes, envi- ronmental organizations, family farmers and elected officials opposing the reaching of this agreement between the state’s flawed inci- dental take permit and the federal govern- ment’s even more flawed federal biological opinion because maximized water deliveries to agribusiness will drive imperiled salmon, Delta smelt and other species even closer to extinction. In the letter to Governor Newsom, the members wrote: “We believe the most plausible path forward is through continued negotiation and the voluntary agreement process. We understand that an agreement between the necessary parties was close but has not yet been reached. Early implemen- tation of such a voluntary agreement when fully negotiated could provide a framework to allow the State to settle its lawsuit with the federal government and resolve the differ- LOCATED JUST 3905 ences between the federal biological opinions and the State’s incidental take permit for the long-term operation of the State Water Project.” Read the full letter here. In a separate letter to Interior Secretary David Bernhardt, a former lobbyist for the Westlands Water District and the oil industry, the members wrote: “Continued coordinated operation is threatened by the conflict between the federal biological opinions and the state’s recently issued incidental take permit for the long-term operation of the State Water Project. Given the seriousness of this challenge, we urge you to take advantage of what is likely the last oppor- tunity to work with the state and seek a solution to this impasse.” Read the full letter here. Daniel Errotabere, Westlands Water District Board President, lauded Senator Feinstein and Representatives Costa, Cox, Garamendi, and Josh Harder for sending the letter to Governor Newsom. “The letter sent today to Governor Newsom by Senator Feinstein and her colleagues in the House of Representatives strikes exactly the right note. Continued conflict and litigation between the State of California and the federal government related to the efficacy of the recently issued biological opinions will harm not only water supplies for farms, rural commu- nities, and urban areas in every region of the CONTINUED ON PG 19

Fish Sniffer On Demand Digital Edition Issue 3911 May 2020 | Page 18