Climate

PLF On 9th Circuit Biological Opinion

PLF statement on 9^th Circuit Upholding Delta Smelt Biological Opinion

Last Week, a panel of the Ninth Circuit largely upheld the federal government’s 2008 “biological opinion” for the delta smelt, a regulation under the Endangered Species Act has that triggered draconian restrictions on water deliveries from the federal and state water projects to the San Joaquin Valley and Southern California.

Pacific Legal Foundation (PLF) attorneys represent some of the farmers in the case who are challenging the biological opinion as an abuse of federal power based on questionable science and shoddy regulatory procedures.

Damien Schiff, a principal attorney with PLF who represents farmers in the case, issued this statement today, in response to the Ninth Circuit’s ruling:

“The Ninth Circuit has done a reverse rain dance for California, practically guaranteeing that the impacts of our current drought will be more devastating,” said PLF Principal Attorney Damien Schiff.

“The ruling gives judicial blessing to regulations that impose real punishment on people with only speculative benefits for a declining fish species. Under these draconian regulations, water is withheld from farms, businesses and communities from the Central Valley to San Diego based on sloppy science and ideological agendas.

“There’s a drought of common sense in the bureaucracies that impose these regulations – and in the perverse legal precedents that lead courts to uphold them. In one notorious precedent, TVA v. Hill, the U.S. Supreme Court said the Endangered Species Act gives absolute priority to species over everything else, including the general welfare of the human community.

“We must all hope that California’s water crisis – made worse today by the Ninth Circuit – can prod the U.S. Supreme Court to reconsider its past decisions that are leaving us so parched.

“Indeed, the one hopeful aspect of today’s ruling is there’s a possibility the smelt case could get to the Supreme Court. There, it might result in a decision that turns the tide of environmental law away from imbalance and zealotry, and back toward sanity.”

Patrick Cavanaugh2021-05-12T11:06:02-07:00March 17th, 2014|

PROPOSED DESALINATION PLANT IN SALINAS VALLEY

Salinas Valley Worried about Desal Plans

California American Water could threaten the ground water supply of the Salinas Valley where up to 60 percent of the vegetables and leafy greens are grown for the nation.

The water company, which serves about 100,000 people on the Monterey Peninsula, was ordered 20 years ago to reduce using their source of water from the Carmel River by 60 percent by 2016.

Norm Groot, executive director of the Monterey County Farm Bureau, commented, “They’re searching frantically to find an alternative source. Unfortunately, they have had twenty years to do that and the voters haven’t really been necessarily sympathetic and voted for their particular projects when proposed.”

“So, now we are to the point of looking at a desalination plant that is supposedly going to replace all that water from the Carmel River,” Groot said. “There are a number of issues there as well—not only the cost—but the energy footprint and a number of other things that really have some of the people here quite concerned right now.”

“The test well for the proposed desal plant may be fairy close to the shoreline,” Groot said, “but any water taken from that well could impact the Salinas Valley. I think our biggest concern is what is that cone of depression, which is a scientific term for the influence that a source water intake has in a particular area. And because of the confluence between the lower aquifer, the Salinas Valley Basin, and the shallow aquifer from which they propose to take the water, we really don’t know how large a cone of influence is going to be felt. And since the actual aquifer goes offshore quite a distance, there is potential for some sort of impact there.”

“We’ve been involved in the whole CPUC process for the Public Utilities Commission trying to insert our particular viewpoints into the process” Groot explained, “so that everyone is fully aware of the ramifications of placing the source water intakes over the aquifer. And what if pumping is determined to cause harm to source water that includes Salinas Valley, either brackish or fresh water?”

Patrick Cavanaugh2016-09-07T21:04:00-07:00January 9th, 2014|

PASSING THE HOE: Farmer Training

Beginning Farmer-Training Program Accepting 2014 Students

The Center for Land-Based Learning, dedicated to creating the next generation of farmers and teaching California’s youth about the importance of agriculture and watershed conservation, is getting ready for it’s third California Farm Academy class beginning in February 2014. The Farm Academy still has a few spots available.

The California Farm Academy, a one-of-a-kind beginning farmer-training program, was established to inspire and motivate people of all ages, especially youth, to promote a healthy interplay between agriculture, nature and society through their own actions and as leaders in their communities.

Admission requirements include:

A strong desire to become a specialty crop farmer
A commitment to participate in 7-10 hours of training per week, and
Transportation to attend classes near Winters, CA and at other nearby locations.
Some previous experience with farming is preferred. Classes and activities are conducted in English.

The program provides approximately 270 contact hours from Feb. 11th to Sep. 13th, 2014, including classes, hands-on experience, one-on-one consultations, farm visits and field trips. Printed curriculum materials are provided, as are the necessary machinery, tools and supplies for the activities. Partial tuition assistance may be available for admitted applicants who demonstrate financial need.

Another CLBL program, FARMS (Farming, Agriculture, and Resource Management for Sustainability) Leadership Program, provides innovative, hands-on experiences to urban, suburban and rural youth at working farms, agri-businesses and universities. Participants develop leadership skills and learn about agriculture practices that contribute to a healthier ecosystem, and connect to agricultural, environmental, and food system careers.

CLBL envisions a world where there is meaningful appreciation and respect for our natural environment and for the land that produces our food and sustains our quality of life. CLBL Founder, Craig McNamara was awarded the 2012 James Irvine Foundation Leadership Award. He is also President, California State Board of Food and Agriculture.

Patrick Cavanaugh2016-10-24T15:28:53-07:00December 23rd, 2013|

32ND AGRIBUSINESS CONFERENCE

Economy, Water, Trade and Labor were Big Topics at 32nd Agribusiness Conference

By Patrick Cavanaugh, Editor

The reality of the 2014 Federal water allocation, new trade agreements, and the prospects of immigration reform were some of the topics discussed at the 32^ndAgribusiness Management Conference, held at the Radisson Hotel and Conference Center in Fresno, and hosted by Mechel Paggi, Director of California State University Center for Agricultural Business.

California State University, Fresno (CSUF) President Joseph Castro

California State University, Fresno (CSUF) President Joseph Castro, the first CSUF president native to the Central Valley and close to agriculture, opened the conference. “I’m happy that our Jordon College of Agricultural Sciences and Technology has had such a tremendous impact in helping to provide a well-educated work force to serve the many facets of the agricultural industry in the valley and beyond.

“One of my highest priorities as president is to further strengthen our agricultural programs in the broadest sense. In the next week, I will formerly establish a presidential commission on the future of agriculture at Fresno State. The commission will include leaders from the campus and industry coming together to assess our programs and to think about what the needs are now and in the future,” Castro said. “I want these leaders to make recommendations on how to further strengthen our agriculture program.

Following Castro, Terry Barr, Chief Economist, CoBank, presented an economic outlook. He noted that economic decisions are not being made fast enough, because the economy is about the same as it was a year ago. “There are still many issues that are unresolved,” he said, adding, “If you don’t make decisions then you don’t move forward.”

Terry Barr, chief economist, CoBank

“We have been through a very dynamic period over the last 10 years. In the first half of that 10 year period, everyone was talking about the rising middle class in China and India and what it was doing for agricultural product demand,” said Carr. “From 2004 to 2008, we had the best of all possible worlds with strong economic growth and growth in the middle class. That was an extremely strong time for agricultural exports. In late 2008, we experienced different economic turmoil and global recession; however, agriculture was pretty well insulated,” Carr added.

“Today, demand for agricultural products remains very strong, mainly due to global shortfalls of some commodities and, of course, growth in China. Going forward in the next five years, we expect a period of continued turmoil, requiring policy changes to realign management, including budget deficits,” noted Carr.

“China is still going to be important but there will be some major geopolitical realignments globally. We are not going to see rapid growth with solid demand. As we go forward, agriculture will probably have to find the new normal,” he said.

“In the US, there is a lot of policy inaction, and there is no long term strategy to reduce the debt. The US dollar is important to agriculture in terms of our competiveness on a global basis,” Carr explained. “From 2002 to 2011, the US dollar fell in value by 38 percent, and our global competitiveness was extremely strong during that time. But we have to believe that the dollar is going to get stronger, not weaker, against most other currencies, with the exception of China.”

Carr noted that China is really driving the global economy at this point in time and what happens there has extraordinary influence on Ag pricing in the future. “They have a lot of room for stimulus, and they have $3 trillion in reserves that they are deploying both domestic and globally,” he said.

“Brazil, Russia and India are emerging markets, which have slowed since the 2004-2008 experience. However, those economies are now in a more normal growth path,” Carr said.

Paggi then spoke about two trade agreements that are on currently in the forefront, the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP).

Mechel Paggi, director of California State University Center for Agricultural Business

“Basically every commodity we work with in California, particularly from the Central Valley, has a huge stake in the export market,” said Paggi. “We produce about $44 billion worth of product and 38 percent of it moves into international trade. It’s tremendously important to us,” said Paggi.

“TTP and TTIP are the two most important preferential trade agreements to be negotiated since NAFTA,” he noted.

“Our TPP partners encompass a market of nearly 500 million consumers with a combined GDP of nearly $12 trillion,” Paggi said. Partner countries include Canada, Australia, Mexico, Malaysia, Singapore, Chile, Peru, New Zealand, Vietnam, Brunei and Japan.

“The TTIP with the EU spans 28 countries with more than 500 million consumers and a GDP of $16.5 trillion,” said Paggi.

“These agreements would give us more marketing opportunities, which at the present time are less than completely open to us, so the benefits would have tremendous potential for us,” Paggi explained.

Paggi said that there is tremendous debate on these potential agreements within the U.S. Also, farmers in the foreign countries involved are worried about opening up their market to U.S. imports.

These agreements would also help to strengthen the existing trade agreements that already are in place with many of the countries in the area.

“We also need to realize that a tremendous amount of trade among these countries is already covered in existing agreements, so what we would be doing with the TTP and TTIP is expanding the membership and bringing everyone into the same circle,” Paggi commented.

Paggi said, in summary, the U.S. has a choice to remain engaged or be left behind. None of these agreements or policy solutions is perfect, so there will have to be a pro-con compromise.

“Also, keep in mind,” Paggi continued, “that trade agreements promote economic well-being, and economic stability promotes political stability, so the benefits of these agreements often transcend simple market access and sales opportunities.”

Tom Birmingham is General Manager of Westlands Water District, an agency of 615,000 acres on the west side of the San Joaquin Valley in Fresno and Kings Counties. “We are here to talk about ‘What’s on tap,’ which is a metaphor that creates an image I wish were applicable on the west side of the San Joaquin Valley,” Birmingham began, “I am not just talking about the Westlands Water District, I am talking about the west side of the San Joaquin Valley that includes the service of every agency that has an agricultural contract with the U.S.”

Tom Birmingham, general manager, Westlands Water District

“Unfortunately, and it almost brings tears to my eyes, next year, when the farmers in the Federal Water districts that use water from the Central Valley Project they open their taps, nothing is going to come. Nothing, that is, unless we have a dramatic change in the hydrology that we have been experiencing over the last year, actually the last eight months,” Birmingham warned.

“In California, water years fall in one of five classifications of hydrology; they have been classified as wet, above normal, below normal, dry or critical. If you talk about average hydrology in California, average rain, average snowpack, average runoff, it doesn’t mean a lot,” said Birmingham. “Because in fact, what is considered to be an average year, falls into a classification that is called, ‘a below-normal water year,’” he noted.

Birmingham continued, “But Westlands is projecting, and these are projections that the Bureau of Reclamation doesn’t take any issue with, that if we have average precipitation or hydrology for the rest of this water year, plus the same operational constraints the Endangered Species Act imposed in 2013 on the state water project and the Federal Central Valley project, our water supply will initially be zero. If we are lucky, we might get to 5% or 10% of our water supply.”

“So, we are facing a repeat of what we saw in 2009,” he noted, “when nearly half of the bare ground lay fallow in the Westlands Water District; where farmers over drafted the groundwater basin; where we experienced incredible unemployment; where people were forced to stand in lines to receive food, in some cases getting to the front of the line to be told the food bank had run out of food, or to get to the front of the line and be given carrots – grown in China. That, in my perspective, is a tragedy; it is unconscionable,” explained Birmingham.

“But that’s what we are faced with. It is hard to talk about these issues without talking about the Delta,” he said.

“The bad news is that in Kern County or the Friant-Kern service area, farmers and the Westside of the San Joaquin Valley, where groundwater is available, growers have been over drafting the groundwater basin,” said Birmingham.

“Westlands has one of the most sophisticated groundwater management programs that exist in the state,” explained Birmingham. “In fact, in 2009, when the state legislature adopted statutes requiring the development of groundwater management plans, Westlands was actually used as one of the examples of the types of information that could be collected.

But Westlands is projecting that in 2013, farmers in the district will use 598,000 acre feet of groundwater from the groundwater basin, compared to a safe yield of approximately 150,000 acre feet.

“The last time farmers in Westlands Water District extracted that much groundwater was in 1992, the fifth year of an extended drought,” said Birmingham.

“We have talked about subsidence and how it has historically occurred, and we are beginning to experience it in numerous places north of Fresno, Madera and Merced Counties,” he said.

“In fact, we continue to experience subsidence within the Westlands Water District. It is fascinating to drive long I-5, where it used to be perfectly flat and smooth. Today, as you drive along the Westside, there are lots of undulations. The same is true at the Three Rocks area of Fresno County. I remember highway 33 was perfectly flat, but today now there are undulations as a consequence of subsidence,” said Birmingham.

“We will continue to experience subsidence, but the rate of subsidence will accelerate. Currently the groundwater levels in Westlands are approximately 100 feet higher than in 1967 when deliveries from the Central Valley Project began. When we fall below that historic low groundwater level, we’re going to experience the types of subsidence that led to the authorization of the San Luis unit.

“Congress authorized construction of San Luis to alleviate subsidence on the Westside of the San Joaquin Valley,” said Birmingham.

“One of the things on tap is there is going to be some type of groundwater regulation. California is one of the few states that generally does not regulate the use of groundwater,” he noted.

There is a lot of groundwater monitoring in California, and in a few regions there are special groundwater management districts created by the legislature. But, generally the use of groundwater is not regulated to the same degree as surface water.

“There exists a lack of statewide effort to regulate the use of groundwater. I would suspect that all of our agencies would oppose that type of statewide legislation,” said Birmingham. “From our perspective, regulations should be made at a regional level because every groundwater basin is different and should be managed on a case-by- case basis instead of state-wide regulations.”

“But it is interesting, half of the farmers in the Westlands Water District take the historic agricultural position that groundwater is the resource available to overlying landowners, and no one has any business regulating their groundwater,” he said.

“If the other 50% of farmers in Westlands, do not become proactive in its management of ground water, as opposed to its monitoring, then the state will step in and do it on behalf of everyone in the state,” said Birmingham.

“Equally as controversial, if management is not done by regional entities like Westlands Water District, it will be regulated by county or state.”

“So, Westlands Water District is actively looking to get into the business of regulating the use of groundwater.”

Ron Jacobsma, general manager, Friant Water Authority

There is some good news, tempered with bad news. The good news is there are a lot of resources that can be reasonably and more effectively and efficiently managed.

Westlands Water District has experienced chronic water supply shortages on a regular basis since the implementation of the Endangered Species Act, and has coped using water transfer contracts based annually or on a longer-term basis with a fixed price.

Also speaking about water was Ron Jacobsma, General Manager, Friant Water Authority. He gave an interesting history of the San Joaquin River, Friant Dam, Millerton Reservoir and canal that serve 1,000s of growers on the East Side of the San Joaquin Valley from Madera to Kern County.

Brent Walthall, with the Kern Water Agency, talked about the many different and historical water districts in Kern County, as well as describing the innovative water banking that is taking place in Kern County during flood years.

Brent Walthall, Kern Water Agency

The event was sponsored by California State University’s Center for Agricultural Business, Jordon College of Agricultural Sciences and Technology, Bank of America, Wells Fargo, Zenith Insurance Company, Edgewood Partners Insurance Center, and Higgins, Marcus & Lovett.

There was also a session on Immigration Reform and its importance to the Central Valley. We will post that on Nov. 4.

Patrick Cavanaugh2016-05-31T19:43:12-07:00November 2nd, 2013|

AGRICULTURAL AWARDS – 2013 World Food Prize

2013 World Food Prize Winners

Three distinguished scientists — Marc Van Montagu of Belgium, and Americans, Mary-Dell Chilton, Founder and Distinguished Science Fellow, Syngenta Biotechnology, Inc.; and Robert T. Fraley, Executive Vice President and Chief Technology Officer, Monsanto—share the 2013 World Food Prize for their independent, individual breakthrough achievements in founding, developing, and applying modern agricultural biotechnology.

Their research, which makes it possible for farmers to grow crops with improved yields, resistance to insects and disease, and the ability to tolerate extreme variations in climate, can play a critical role as we face the global challenges of the 21st century of producing more food, in a sustainable way, while confronting an increasingly volatile climate. The pioneering work of these three contributed to the emergence of a new term, “agricultural biotechnology.”

With particular ties to California, Dr. Robert T. Fraley, conducted post-doctoral research in biophysics at the University of California-San Francisco. Fraley led the successful introduction of genetically engineered soybeans that were resistant to the herbicide glyphosate, commercially known as Roundup. When planting these “Roundup Ready” crops, a farmer was able to spray an entire field with glyphosate—and only the weeds would be eliminated, leaving the crop plants alive and thriving.

The World Food Prize is the foremost international award recognizing— without regard to race, religion, nationality, or political beliefs—the achievements of individuals who have advanced human development by improving the quality, quantity or availability of food in the world.

The Prize recognizes contributions in any field involved in the world food supply — food and agriculture science and technology, manufacturing, marketing, nutrition, economics, poverty alleviation, political leadership and the social sciences.

The World Food Prize emphasizes the importance of a nutritious and sustainable food supply for all people. By honoring those who have worked successfully toward this goal, The Prize calls attention to what has been done to improve global food security and to what can be accomplished in the future.

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Agriculturalist of the Year,

Fresno County

The Fresno County Farm Bureau announced that The Greater Fresno Area Chamber of Commerce and Baker, Peterson & Franklin, CPA announced that Supervisor Phil Larson was selected as the 2013 Agriculturalist of the Year, an award given annually to individuals who exemplify leadership and integrity in the Central Valley’s agricultural business community.

Supervisor Larson, a lifelong farmer and Fresno County resident, has had a long and distinguished career with the Wilbur Ellis Company and retired in 2000. His list of community involvement is extensive and includes: President, Fresno County Farm Bureau; Charter member, California Agriculture Production Consultants; California Farm Bureau District 7 State Director; and Fresno City/County Chamber of Commerce.

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Baker, Peterson & Franklin Ag Business Award

The Greater Fresno Area Chamber of Commerce and Baker, Peterson & Franklin, CPA also announced Gar Tootelian, Inc., of Reedley was awarded the 2013 Baker, Peterson & Franklin Ag Business Award, an award to a for-profit service or product-related agribusiness or farming entity headquartered in the Central San Joaquin Valley whose achievements and impact have significantly contributed to the industry and the local community.

Established in 1949, Gar Tootelian, Inc. still prospers as one of California’s oldest and largest independent agricultural chemical and fertilizer retailers. Second generation and family owned, it serves over 1,400 growers from Madera to Kern County.

Gar Tootelian provides advanced, environmentally safe, bio-technology and crop services available. Crop Life magazine recognized Gar Tootelian as the largest, single location, ag retailer in the nation, and they were named in the 10 Best Companies to work for in the Central Valley by a Business Journal survey.

At the Ag Awards Luncheon on Wednesday, November 13 at Radisson Conference Center in Fresno, the Baker, Peterson & Franklin Ag Business Award and the Fresno Chamber Agriculturist of the Year Award will be presented.

Luncheon tickets are available through the Fresno Chamber of Commerce, www.fresnochamber.com, (559) 495-4800.

Source: Fresno County Farm Bureau, CA Avocado Society

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Award of Honor, California

Avocado Commission

At its 98th annual meeting, the California Avocado Society (CAS) presented the 2013 “Award of Honor” to California Avocado Commission (CAC) Vice President of Marketing Jan DeLyser,CAS President.

“Jan DeLyser has specifically focused on the California avocado industry for the past 15 years. Her entry into the California avocado industry came at a difficult time, when foreign imports cast an ominous shadow over our livelihoods,” said CAS President Chris Ambuul. “In just 15 years, US consumption has increased five-fold, and we are still in business. Jan hasn’t just left a mark on our industry; she is a big reason why we are all still here.”

Ambuul noted that the CAS award recognizes outstanding contribution and dedication to the California avocado industry.

The California Avocado Society came into being on May 15, 1915 to promote efficiency of production and orderly marketing toward assuring long term profitability for the business of avocado growing.

Patrick Cavanaugh2021-05-12T11:03:07-07:00October 18th, 2013|

TREE NUTS, EXCEPT PECANS, REMAIN STRONG IN EXPORTS

Tree Nuts, Still the 800-Pound Gorilla

Crash of the U.S. Pecan Market a Cautionary Tale, Says Rabobank

The export market for U.S. almonds, walnuts, pistachios and pecans continued to grow in 2012, reaching $6 billion dollars and accounting for over 60 percent of U.S. production. In its most recent report, “Riding The Growth Curve – Can U.S. Tree Nut Exports Continue to Defy Gravity?,” Rabobank questions whether this growth will continue. The author of the report, Karen Halliburton Barber, senior analyst, Produce for the Rabobank Food & Agribusiness Research and Advisory Group, says that it should, but that the industry shouldn’t rest on its laurels. “Assuming water limitations will not significantly restrict U.S. production, the U.S. tree nut sector still faces the fundamental uncertainty of when supply and demand will stabilize,” said Barber. “That said, the U.S. tree nut sector is in a good competitive position given its leadership in production and trading history.”In the report, Barber examines the main commodities making up the U.S. tree nut sector:

Almonds – “Here, the U.S. is the 800-pound gorilla and accounts for over 78 percent of total global production. This is where the U.S. is clearly in a good competitive position but needs to beware of the oversupply spiral.”

Pistachios – “Iran is slowing down, but they are not out. Water scarcity and weather have caused declines in production in recent years. However, new growth areas are cropping up and competition may heat up in the medium term.”

Walnuts – “This is the only sector where the U.S. is not the predominant global supplier. Although China is a net importer because of its large domestic demand, its share of global production is greater than that of the U.S., providing competition for U.S. walnuts in the Chinese market. An added risk factor is that Chile has begun to compete with the U.S. on quality in key growth markets.”

Pecans – “This segment is the cautionary tale of the report, warning of what could happen if the right factors line up at the same time. In 2012, the U.S. pecan market crashed. Now largely dependent on the global export market, U.S. pecans were hit with competitive pressures from South Africa, while at the same time dealing with lower yields because of weather challenges. The result of these factors was a 50 percent reduction in grower prices for pecans from July 2011 to January 2013.”

The report concludes by noting that the U.S. tree nut sector’s overdependence on the Chinese market poses the greatest challenge. Yet, U.S. producers are poised for growth over the longer term—both in China and globally. The strategy employed by the almond, walnut and pistachio industries of a more balanced buyer/supplier parity approach can help continue to moderate the risk.

Patrick Cavanaugh2016-08-12T18:04:52-07:00September 25th, 2013|

ENDANGERED SPECIES ACT OVERREACHES HUMAN RIGHTS

The Endangered Species Act Turns 40

A Statement by Rob Rivett, President, Pacific Legal Foundation.

This year the Endangered Species Act turns 40. President Richard Nixon, on December 28, 1973, signed into law one of the nation’s most powerful environmental laws. The law vested authority in the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration to enforce a wave of new regulations, and create a new relationship between homo sapiens and other species.

Soon after its passage, the U.S. Supreme Court declared it the most comprehensive law ever passed for the protection of species and that ESA enforcement must occur “whatever the cost.” Federal officials have used their power under the Act to regulate private property as if it were public land.

The degree to which the ESA has been successful is a matter of debate. Of the estimated $3 billion of taxpayer funds necessary to fund the annual operation of the ESA, less than 1 percent of the species in North America have been recovered out of more than 1,400 that have been listed. One undebatable fact is the law has created a flood of lawsuits, those filed to seek government acts, and those filed to limit them.

Since its founding in 1973 — the same year the Endangered Species Act (ESA) was enacted — Pacific Legal Foundation has been America’s watchdog in the courts to check and reverse government abuse of this and other environmental laws.

PLF has enough experience with the ESA to know that a well-intentioned law can completely turn the tables on common sense, sound science, and the fundamental freedoms of people. PLF believes in responsible stewardship of our land, water, and air for the benefit of people, the environment, and the species that inhabit it. The trouble comes when a law designed to help species harms the people who care for the environment — including farmers, ranchers, and foresters — those living and working in America’s “environment.”

The protection of the environment is only one of many competing and important social values in America. In an orderly society, no single value can be exalted “whatever the cost.” Environmental laws can and must be administered so as to safeguard, and not thwart, fundamental human needs and rights. Therefore, Pacific Legal Foundation has assumed a leading role in protecting constitutionally established limits on governmental power and ensuring individual freedom.

Nearly 40 years after its enactment, the Federal Endangered Species Act remains one of the nation’s most potent threats to our constitutionally protected property rights. Crafted by the Congress with the noble goal of saving species from extinction, and helping them to return to health, the law today has led to controversy and regulatory creep across our nation’s landscape.

Because Pacific Legal Foundation supports a balanced approach to environmental regulations — like the ESA, we’re taking the opportunity in 2013 to examine aspects of the law, with particular emphasis on past and current cases we’ve litigated.

During the course of the year, this landing page will feature PLF opinion articles, videos, podcasts, and news and information about current PLF cases.  Whether you are part of the “regulated community” or just a concerned citizen who values liberty and a thriving environment, I invite you to check in regularly on this page to see our latest postings and to give us your feedback.

Of course, as a nonprofit legal charity, Pacific Legal Foundation welcomes your charitable donations.

If you believe, as we do, that in protecting our nation’s environment, our constitutional rights should not be threatened or endangered by government agencies and activist groups, I invite you to become a supporter of PLF’s legal program.

Patrick Cavanaugh2021-05-12T11:06:03-07:00August 22nd, 2013|

ANOTHER BIOLOGICAL OPINION CHALLENGE

New Biological Opinion for Yuba River Dams!

According to the Association of California Water Agencies, a federal court ordered a new biological opinion (BiOp) for Daguerre Point and Englebright Dams this week.

U.S. District Court Judge Morrison C. England set a May 12, 2014 due date for the National Marine Fisheries Service (NMFS) to issue a new biological opinion, and told the federal government to not utilize the existing 2012 BiOp in the preparation of the new opinion or in any Federal Energy Regulatory Commission relicensing processes for the two dams.

Yuba County Water Agency, Nevada Irrigation District, Pacific Gas & Electric and other plaintiffs challenged the 2012 BiOp, which identified dam removal and other fish passage improvements as the preferred approaches to improve conditions for spring run Chinook salmon, steelhead and green sturgeon.

The local water agencies argued that fish passage improvements or dam removal would negatively impact water deliveries and hydropower generation, and imperil the award-winning Lower Yuba River Accord, a regional agreement benefitting agriculture and fisheries. Furthermore, the plaintiffs said the 2012 BiOp was flawed and violated key elements of the Federal Endangered Species Act and the Administrative Procedures Act.

England issued a stay of proceedings until the new biological opinion is done, and he denied a related lawsuit from a local environmental group seeking enforcement of the 2012 BiOp. He also ordered the Army Corps of Engineers, which maintains the two dams, to continue taking steps to improve fish habitat on the river.

Patrick Cavanaugh2021-05-12T11:06:03-07:00August 17th, 2013|

Blue Prune Drop

Blue Prune Drop and Leaf Scorch in Glenn and Tehama Counties

According to Bill Krueger UC farm advisor emeritus, Glenn County and Richard Buchner UC farm advisor, Tehama County, overheated prunes are succumbing to pressure due to high temperatures over the last few weeks. Blue prune drop and, in some cases, an associated leaf scorch, often develops following the rapid onset of high temperatures as occurred in June of this year.

Damaged prunes color prematurely (turn blue) and usually drop from the tree. The sun-exposed fruits on the top or south side of the tree are more likely to be affected by becoming sunken or flattened. Leaf scorch and dieback may develop in leaves and twigs near the damaged fruit. When damaged leaves dry, the veins may be a darker brown than the rest of the leaf.

Blue prune drop is associated with heat stress. Excessive heat results in damage to the fruit that is thought to produce a toxin which is transported to spurs, leaves and shoots resulting in the leaf scorch symptoms. Leaf scorch symptoms are always associated with damaged prunes. They do not occur in areas of the tree with no fruit or on young trees without a crop. Anything affecting fruit temperature can have an effect. This would include:

1. Irrigation – Drop and particularly scorch are generally more severe on shallow soils with limited water holding capacity or in orchards toward the end of their irrigation cycle at the onset of heat. Adequate soil moisture insures maximum evapotranspiration and cooling of the plant.

2. Tree Position or Fruit Location – Leaf scorch is usually worse on overheated border trees, or on the south side of individual trees with greater sun exposure.

3. Cultural Practices – Blue prune appears to be less severe in orchards with cover crops than in clean tilled or drip irrigated orchards. Transpiration from an adequately irrigated cover crop should contribute to orchard cooling. In addition, a vegetated orchard floor reflects less sunlight than dead vegetation or bare ground.

4. Nutrition – While blue prune and leaf scorch does not appear to be directly related to potassium deficiency, anything adversely affecting tree health and condition could contribute to higher fruit temperatures. Adequate tree nitrogen levels promote vegetative growth that shades fruit from direct sunlight.

Krueger and Buchner report they have no sure ways of preventing blue prune drop and the associated leaf scorch. However, you can reduce the risk by making sure trees are healthy, vigorous and well supplied with water. Because the damage is caused by heat and not a disease, it should not continue to expand in the tree. Damaged wood should be pruned out during the dormant season.

Source: University of California Division of Agriculture and Natural Resources Cooperative Extension

Patrick Cavanaugh2016-05-31T19:47:14-07:00July 4th, 2013|

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