JerryInLodi
07-29-2008, 06:43 AM
CSPA now has the complete ruling by Judge Wanger in the suit of the Coalition for a Sustainable Delta (in truth a group of Kern county water agencies) vs. DFG and the F&G Commission.
In short, the entire suit has been dismissed with the plantiffs having 30 days to amend. Here is a significant part of the judge's ruling;
"the Coalition lacks standing to sue because, even if
it were to prevail in this case, its injury would not necessarily be redressed. If the regulations were invalidated, even if the striped bass population were reduced to a level that measurably protected salmonid species on which they prey, there are other predators (the pikeminnow) and other causes: operation of the Projects, toxics, in-Delta diverters, alien invasive species, all
of which contribute to the species’ jeopardy. The present Delta smelt and salmonids jeopardy findings are based on drought conditions and Project operations, as primary causes. The extent to which all other cooperative causes will continue to operate is unknown. There remains total uncertainty whether reduction in the threat of some predators will have more than minimal effect on the protected species. The State Defendants motion for
judgment on the pleadings that the Coalition lacks standing is GRANTED, WITH LEAVE TO AMEND."
The complete decision can be found at:
http://www.calsport.org/di7-23-08.pdf
In short, the entire suit has been dismissed with the plantiffs having 30 days to amend. Here is a significant part of the judge's ruling;
"the Coalition lacks standing to sue because, even if
it were to prevail in this case, its injury would not necessarily be redressed. If the regulations were invalidated, even if the striped bass population were reduced to a level that measurably protected salmonid species on which they prey, there are other predators (the pikeminnow) and other causes: operation of the Projects, toxics, in-Delta diverters, alien invasive species, all
of which contribute to the species’ jeopardy. The present Delta smelt and salmonids jeopardy findings are based on drought conditions and Project operations, as primary causes. The extent to which all other cooperative causes will continue to operate is unknown. There remains total uncertainty whether reduction in the threat of some predators will have more than minimal effect on the protected species. The State Defendants motion for
judgment on the pleadings that the Coalition lacks standing is GRANTED, WITH LEAVE TO AMEND."
The complete decision can be found at:
http://www.calsport.org/di7-23-08.pdf