USDA Funds $30M to Fight Citrus Greening

USDA Targets Citrus Greening with Promising Tools and Long Term Solutions

Agriculture Secretary Tom Vilsack announced $30 million in funding TODAY for 22 projects to help citrus producers combat Huanglongbing (HLB), also known as citrus greening, a devastating citrus disease that threatens U.S. citrus production. The money will fund promising projects that could offer near-term solutions as well as research funding that may develop long-terms solutions. The promising near-term tools and solutions are funded through the HLB Multiagency Coordination Group while the research projects are funded through the Specialty Crop Research Initiative Citrus Disease Research and Education (CDRE) program, which is made available through the Agricultural Act of 2014 (Farm Bill).

“Our HLB Multi-Agency Coordination Group has worked closely with the citrus industry to select and fund projects that we think will make a real difference for growers against HLB,” said Vilsack. “Funding these projects through cooperative agreements puts us one step closer to putting real tools to fight this disease into the hands of citrus growers.” Vilsack continued, “Through the CDRE research we are announcing today, we are also investing in long-term solutions to diseases that threaten the long-term survival of the citrus industry.”

USDA’s HLB Multi-Agency Coordination Group funded fifteen projects that support thermotherapy, best management practices, early detection, and pest control efforts for a total of more than $7 million. All of them are designed to provide near-term tools and solutions to Agriculture Secretary Tom Vilsack announced $30 million in funding TODAY for 22 projects to help citrus producers combat Huanglongbing (HLB), also known as citrus greening, a devastating citrus disease that threatens U.S. citrus production.  the citrus industry fight HLB. The projects include:

Two projects to provide improved delivery of thermotherapy to HLB infected trees, a promising treatment that has shown to help infected trees regain productivity after treatment. One of these projects will test thermotherapy on a grove-wide scale. since studies have shown heating a tree to 120 degrees for approximately 48 hours can kill the HLB bacterium in the upper part of the tree, allowing the tree to regain productivity. This funding will address the challenge of identifying a quick and practical way for growers to use the technology on a large scale.  

Six projects to provide citrus producers with best management practices in Florida citrus groves.

  • One project will focus on lowering the pH of the irrigation water and soil to strengthen the root systems of citrus trees to help them better tolerate HLB infection.
  • Three projects will support different combinations of integrated management approaches for sustaining production in trees in different stages of infection.
  • Two projects will test strategies for preventing tree death due to HLB infection. One of those will field test rootstocks that have shown ability to tolerate HLB infection. The other will use technologies to rapidly propagate the tolerant material for field use by the industry.

Three projects to increase early detection of HLB.

  • One project will train dogs to detect HLB infected trees. Detector dogs have proven to be highly adept at detecting citrus canker and early results suggest they will be an effective early detection tool for HLB.
  • One project will develop a root sampling and testing strategy.
  • One project will compare several promising early detection tests.

Four projects to provide tools to kill the Asian citrus psyllid (ACP), the vector of HLB.

  • One will produce and release the insect Diaphorencyrtus aligarhensis as a second biological control agent in California.
  • One project will use a biocontrol fungus to kill ACP adults.
  • One project will use a trap to attract and kill ACP adults.
  • One project will increase the use of field cages for the production of the insect Tamarixia radiata in residential areas, especially those that are adjacent to commercial groves in Texas. Tamarixia has already proven to be an effective biological control agent for ACP. Using field cages will enable the wider use of this effective ACP control.

In addition to these projects, USDA’s National Institute of Food and Agriculture funded more than $23 million dollars for research and education project to find lasting solutions to citrus greening disease. Examples of funded projects include developing HLB-resistant citrus cultivars, the development of field detection system for HLB, using heat as a treatment for prolonging productivity in infected citrus trees, creating a new antimicrobial treatment, among others. A fact sheet with a complete list of awardees and project descriptions is available on the USDA website.

Fiscal year 2014 grants have been awarded to two California universities, University of California, Davis, $4.6M and University of California, Riverside, $1.7M. The University of Florida, Gainesville and Kansas State University, Manhattan, are also receiving research awards.

CDRE is a supplement to the Specialty Crop Research Initiative (SCRI). The focus of this year’s funding was specifically on citrus greening disease. Because there are wide differences in the occurrence and progression of HLB among the states, there were regional as well as national priorities for CDRE. These priorities, recommended by the Citrus Disease Subcommittee, fall within four categories: 1) priorities that deal with the pathogen; 2) those that deal with the insect vector; 3) those that deal with citrus orchard production systems; and 4) those that deal with non-agricultural citrus tree owners.

One subcommittee member is Justin D. Brown, Vice President and General Manager, D Bar J Orchards, Inc. in Orange Grove, California.

The Farm Bill builds on historic economic gains in rural America over the past six years, while achieving meaningful reform and billions of dollars in savings for taxpayers. Since enactment, USDA has made significant progress to implement each provision of this critical legislation, including providing disaster relief to farmers and ranchers; strengthening risk management tools; expanding access to rural credit; funding critical research; establishing innovative public-private conservation partnerships; developing new markets for rural-made products; and investing in infrastructure, housing and community facilities to help improve quality of life in rural America. For more information, visit www.usda.gov/farmbill.

USDA NIFA Citrus Greening Awardees Fact Sheet

USDA NIFA Citrus Greening Awardees Fact Sheet

2016-05-31T19:30:31-07:00February 9th, 2015|

ASIAN CITRUS PSYLLID QUARANTINE IN MADERA COUNTY

SACRAMENTO, January 7, 2015 – A portion of Madera County has been placed under Asian citrus psyllid quarantine for the following the detection of one ACP northeast of the City of Madera, in the Madera Lake area. The quarantine zone measures 100-square miles, bordered on the north by Road 603; on the south by Avenue 15; on the west by Road 26; and on the east by the Madera Canal. A link to the quarantine map may be found here: www.cdfa.ca.gov/plant/go/acp-qmaps.

The quarantine prohibits the movement of citrus and curry tree nursery stock out of the quarantine area and requires that all citrus fruit be cleaned of leaves and stems prior to moving out of the quarantine area. An exception may be made for nursery stock and budwood grown in USDA-approved structures that are designed to keep ACP and other insects out. Residents with backyard citrus trees in the quarantine area are asked not to transport citrus fruit or leaves, potted citrus trees, or curry leaves from the quarantine area.

ACP county-wide quarantines are now in place in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Tulare, and Ventura counties, with portions of Madera, Fresno, Kern, San Joaquin, San Luis Obispo, and Santa Clara counties also under quarantine.

The ACP is an invasive species of grave concern because it can carry the disease huanglongbing (HLB), also known as citrus greening. All citrus and closely related species, such as curry trees, are susceptible hosts for both the insect and disease. There is no cure once a tree becomes infected, the diseased tree will decline in health and produce bitter, misshaped fruit until it dies. HLB has been detected just once in California – in 2012 on a single residential property in Hacienda Heights, Los Angeles County. This plant disease does not affect human health.

Residents in the area who think they may have seen ACP or symptoms of HLB on their citrus trees are urged to call CDFA’s Pest Hotline at 1-800-491-1899. For more information on the ACP and HLB, please visit: www.cdfa.ca.gov/go/acp .

2016-05-31T19:30:35-07:00January 7th, 2015|

Oriental Fruit Fly Quarantine in Portion of Los Angeles County

A portion of Los Angeles County has been placed under quarantine for the oriental fruit fly (OFF) following the detection of nine adult OFF in an unincorporated area of Los Angeles County near the City of Inglewood.

The quarantine zone in Los Angeles County measures 81 square miles, bordered on the north by Avalon Boulevard; on the south by E Victoria Street; on the west by S La Cienga Boulevard; and on the east by California Avenue.  A link to the quarantine map may be found here: www.cdfa.ca.gov/plant/go/offq.

To prevent the spread of fruit flies through homegrown fruits and vegetables, residents living in the fruit fly quarantine area are urged not to move any fruits or vegetables from their property.  Fruits and vegetables may be consumed or processed (i.e. juiced, frozen, cooked, or ground in the garbage disposal) at the property where they were picked.

To help prevent infestations, officials ask that residents do not bring or mail fresh fruit, vegetables, plants, or soil into California unless agricultural inspectors have cleared the shipment beforehand, as fruit flies and other pests can hide in a variety of produce.  It is important to cooperate with any quarantine restrictions and to allow authorized agricultural workers access to your property to inspect fruit and oriental fruit fly traps for signs of an infestation.

“Our system to detect invasive species like the oriental fruit fly is working well and according to design,” said CDFA Secretary Karen Ross.  “The key is to respond quickly and take action before the pests can spread.”

Following the principles of Integrated Pest Management (IPM), CDFA uses “male attractant” technique as the mainstay of its eradication effort for this pest.  This approach has successfully eliminated dozens of fruit fly infestations from California.  Trained workers squirt a small patch of fly attractant mixed with a very small dose of pesticide approximately 8-10 feet off the ground on street trees and similar surfaces; male fruit flies are attracted to the mixture and die after consuming it.

The male attractant treatment program is being carried out over several square miles surrounding the sites where the oriental fruit flies were trapped.  A map of the treatment area is available online at:  www.cdfa.ca.gov/plant/go/ffmaps-peps.

On or near properties where fruit flies have been detected, additional measures include removal of host fruits and vegetables, fruit cutting to detect any fly larvae that may be present, and treatment of host trees and plants with the organic-approved material spinosad.

The oriental fruit fly is known to target over 230 different fruit, vegetable, and plant commodities.  Damage occurs when the female fruit fly lays her eggs inside the fruit.  The eggs hatch into maggots and tunnel through the flesh of the fruit, making it unfit for consumption.

While fruit flies and other invasive species threaten California’s crops, the vast majority of them are detected in urban and suburban areas.  The most common pathway for these pests to enter the state is by “hitchhiking” in fruits and vegetables brought back illegally by travelers as they return from infested regions around the world or from packages of home grown produce sent to California.  The oriental fruit fly is widespread throughout much of the mainland of Southern Asia and neighboring islands including Sri Lanka and Taiwan.  It is also found in Hawaii.

Residents with questions about the project may call the department’s Pest Hotline at 1-800-491-1899.

2016-05-31T19:32:10-07:00December 23rd, 2014|

Nimitz Poised for California Registration

By: Kyle Buchoff, Cal Ag Today Reporter

Researchers are developing effective ways to control crop-destroying worm-like nematodes. One product, Nimitz, is not yet registered for use in California but is showing great promise in vegetables.

“We’ve been working with a number of different products over a number of years, and actually have two products; one is Nimitz, the other is still in development.,” said UC Riverside Cooperative Extension Associate Nematologist Antoon Ploeg. “Both look very promising in all three crops that we have been testing: tomatoes, melons, and carrots, so for us it’s been an exciting time!”

Ploeg and his team found remarkable results from nematode pressure plots. Non-treated plants were heavily galled and those that were treated with Nimitz showed a 95% reduction in galls.

“Something is going on here that makes us very excited, especially because the product has low toxicity,” said an enthusiastic Ploeg. “It has only a ‘Caution’ label, and has had the original restricted-entry interval (REI) of 24 hours reduced to zero.”

Nimitz has been approved by the EPA, but has not yet been approved for use in California.

2016-05-31T19:32:10-07:00December 17th, 2014|

NEW TULARE COUNTY ASIAN CITRUS PSYLLID DETECTIONS NEAR EXETER  

BREAKING NEWS 

 

The Tulare County Agricultural Commissioner’s office announced TODAY that one additional Asian Citrus Psyllid (ACP) has been detected on a trap south of the city of Exeter. The latest interception was confirmed by the California Department of Agriculture (CDFA). Maps and current information are available on the Agricultural Commissioner’s website by visiting: http://agcomm.co.tulare.ca.us/default/.

CDFA has already begun to saturate the affected area with detection traps in order to determine the extent of any infestation.The United States Department of Agriculture’s Animal and Plant Health Inspection Service (USDA-APHIS) and CDFA will work collaboratively to determine what steps are taken next.

The Asian citrus psyllid is an invasive species of grave concern because it can carry the disease Huanglongbing (HLB), also known as citrus greening. All citrus and closely related species are susceptible hosts for both the insect and the disease. There is no cure once a tree becomes infected. The diseased tree will decline in health, producing bitter, misshaped fruit until it dies. To date, HLB has been detected on just one residential property in the Hacienda Heights neighborhood of Los Angeles.

“Our staff will continue to support the efforts of our $750 million citrus industry, as well as our residential citrus owners,” said Tulare County Ag Commissioner Marilyn Kinoshita. “I want to emphasize that citrus fruit is safe to eat and the disease is not harmful to human health.”

Residents in the area who think they may have seen the pest are urged to call CDFA’s Pest Hotline at 1-800-491-1899 or the Tulare County Agricultural Commissioner at (559) 684-3350. Media inquiries related to technical questions about Asian Citrus Psyllid and Huanglongbing disease are encouraged to contact Katie Rowland, Account Coordinator for Nuffer, Smith, Tucker Inc. at (661) 817-3638. For additional inofrmaiton, click on the USDA’s Save Our Citrus website.

 

 

 

 

 

2016-05-31T19:32:14-07:00November 17th, 2014|

BREAKING NEWS: Two New ACPs Found in One Trap Near Exeter

CDFA Has Saturated Exeter Area with Extra ACP Detection Traps

The Tulare County Agricultural Commissioner’s offices announed TODAY that two additional Asian citrus psyllids (ACP) have been detected on one trap south of the city of Exeter. The latest interceptions were confirmed by the California Department of Food and Agriculture (CDFA). Maps and current information are available on the Tulare County Agricultural Commissioner’s website.

CDFA has already begun to saturate the affected areas with detection traps in order to determine the extent of any infestation.The United States Department of Agriculture’s Animal and Plant Health Inspection Service (USDA-APHIS) and CDFA will work collaboratively to determine what steps are taken next.

The ACP is an invasive species of grave concern because it can carry the disease huanglongbing (HLB), also known as citrus greening. All citrus and closely related species are susceptible hosts  for both the insect and the disease. There is no cure once a tree becomes infected. The diseased tree will decline in health,producing bitter, misshaped fruit untilitdies. To date, HLB has been detected on just one residential property in the Hacienda Heights neighborhood of Los Angeles.

Tulare County Ag Commissioner Marilyn Kinoshita said that her staff will continue to support the efforts of our $750 million citrus industry, as well as our residential citrus owners. “I want to emphasize that citrus fruit is safe to eat and the disease is not harmful to human health,” said Kinoshita.

Residents in the area who think they may have seen ACPs are urged to call CDFA’s Pest Hotline at 1-800-491-1899 or the Tulare County Agricultural Commissioner.

Media inquiries related to technical questions about Asian citrus psyllid and Huanglongbing (HLB) disease are encouraged to contact Katie Rowland, Account Coordinator for Nuffer, Smith, Tucker Inc. at (661) 817-3638.

The best way to fight HLB is to suppress the spread of ACPs which can carry it. So, California Citrus Research Board hired Nuffer, Smith, Tucker, (NST) a public relations firm, to raise awareness of ACPs and HLB, especially among the many California homeowners with backyard citrus trees who may unknowingly be harboring the pest, and to encourage the public to take necessary steps to save California citrus.

 

 

 

2016-05-31T19:32:16-07:00November 6th, 2014|

Research Targeting the ACP Olfactory System Shows Promise

A University of California Riverside Asian citrus psyllid (ACP) research team, led by Anandasankar Ray, associate professor of entomology, has found a new tool that targets the ACP olfactory system.  The ACP olfactory system is sensitive to a variety of odorants (odor molecules) released by citrus plants; in fact the ACP depends on its sense of smell to identify its citrus hosts, and this discovery offers an opportunity to develop new attractants and repellents, according to Ray.

Anandasankar Ray, UC Riverside Associate Professor of Entomology

Anandasankar Ray, UC Riverside Associate Professor of Entomology

As reported in Entomology Today, Ray’s research has identified a blend of odorants found in nature, including myrcene, ethyl butyrate and p-cymen, that can lure ACPs to sticky traps. In the study, odor-based traps caught nearly 230 percent more ACPs than conventional traps placed on the same trees.  “What’s particularly encouraging is that these three chemicals are affordable, useful in small quantities, and safe for human handling,” said Ray, with the potential of being developed into monitoring, masking and surveillance tools.

“We anticipate that this odor-based insect lure could be of use to growers in California and other parts of the world where ACP invasion is occurring,” Ray commented. “Our study also reports identification of odors that block the ACP olfactory system from detecting citrus odors and have potential for development into repellents.”

“Similar approaches can be taken to develop control strategies using odors for other insect pests of crops as well,” Ray explained.  UCR has great strengths in insect chemosensory research ranging from chemical ecology to olfactory and gustatory neurobiology of behavior. With expertise ranging from very basic science to applied areas, several UCR collaborating laboratories are working to find ways to control insects that transmit diseases like West Nile virus and malaria, in addition to citrus greening disease. UCR discoveries have the potential to bring about a paradigm shift in controlling these diseases. 

Study results on the lures were published in PLOS ONE, and the large-scale identification of odors detected by ACP was published in Chemical Senses.

2016-05-31T19:32:17-07:00October 30th, 2014|

ACP Quarantine in San Joaquin County, Guidelines and Scholarship

Expanded ACP Quarantine

Two portions of San Joaquin County have been placed under Asian citrus psyllid (ACP) quarantine following detections of one ACP within the City of Manteca and one within the City of Lodi. The quarantine zone in Manteca measures 105 square miles and in Lodi it measures 95 square miles.

The quarantine prohibits the movement of citrus and curry tree nursery stock out of the quarantine area and requires that all citrus fruit be cleaned of leaves and stems prior to moving out of the quarantine area. An exception may be made for nursery stock and budwood grown in USDA-approved structures that are designed to keep ACP and other insects out. Residents with backyard citrus trees in the quarantine area are asked not to transport citrus fruit or leaves, potted citrus trees, or curry leaves from the quarantine area.

Asian citrus psyllid (Source: UC ANR)

Asian citrus psyllid (Source: UC ANR)

The ACP, a tiny (0.125 in. length) mottled brown insect that is about the size of an aphid, is an invasive species of grave concern because it can carry the disease huanglongbing (HLB), also known as citrus greening. All citrus and closely related species such as curry trees are susceptible, and there is no cure. Once infected, a diseased tree will decline in health with yellowing shoots, asymmetrical leaf mottling and abnormally shaped bitter fruit until it dies—typically within three years.  HLB was detected once in California, in 2012, on a residential property in Hacienda Heights, Los Angeles County.  This plant disease does not affect human health.

Residents in the area who think they may have seen ACP or symptoms of HLB on their citrus trees are urged to call CDFA’s Pest Hotline at 1-800-491-1899.  For more information on the ACP and HLB, please visit: www.cdfa.ca.gov/go/acp

ACP Effective Treatments

The University of California Agriculture and Natural Resources’ Integrated Pest Management (IPM) Program  has developed treatment guidelines for citrus growers within the quarantine zones. A general principle when applying insecticides to control ACPs in commercial citrus is that no one insecticide fully controls ACP across all life stages because:

  • All stages are difficult to contact with insecticides; eggs and nymphs are tucked inside new foliage and adults can fly.
  • Some insecticides show better efficacy against one stage over another.
  • Because systemic neonicotinoid insecticides require root activity for uptake, they are best applied during June through September.

The UC IPM Guidelines for Citrus provides a ranked list of insecticides that are effective against the Asian citrus psyllid with the pesticides having the greatest IPM value listed first—the most effective and least harmful to natural enemies, honeybees, and the environment are at the top of the table.

According to Mark Hoddle, UC Riverside (UCR) Director, Center for Invasive Species Research, “The science of biological control, the use of a pest’s natural enemies to suppress its populations to less damaging densities,” shows promise against the ACP with releases over the last three years of Tamarixia radiata–a parasitic wasp from Pakistan–in urban areas of southern California Thus far, this natural ACP enemy helps to control ACP growth in residential areas, but is inadequate for commercial application.

Biological Control Scholarship Fund

Harry Scott Smith (Source: Citrus Research Board, "Citrograph")

Harry Scott Smith (Source: Citrus Research Board, “Citrograph”)

Harry Scott Smith was the first to use the phrase “biological control” in 1919 at the meeting of Pacific Slope Branch of the American Association of Economic Entomologists at the Mission Inn in Riverside. Smith worked on the biological control of gypsy moth with USDA, then moved to the University of California Riverside where he eventually created and chaired the Department of Biological Control, which offered the only graduate degree in biological control in the world.

The Harry Scott Smith Biological Control Scholarship Fund at UCR aims to attract the brightest students to study biological control by providing assistance to its students to attend conferences to present their research or to participate in training workshops. More information on the Scholarship, past awardees, and a list of donors can be reviewed on the website.

Sources: CDFA; UC IPM; UC Riverside (UCR); UCR Center for Invasive Species Research; USDA Animal and Plant Health Inspection Service (APHIS)

2016-05-31T19:32:17-07:00October 30th, 2014|

ACP Quarantine Expands in Kern, Santa Clara Counties

By Laurie Greene; Cal Ag Today Editor

 

Following the detection of an Asian citrus psyllid (ACP) south of the City of Bakersfield in Kern County, an additional portion of Kern County has been placed under quarantine for the ACP. Likewise, following the detection of psyllids in the City of San Jose near Kelly Park, the first detection of ACPs in Santa Clara County and the Bay Area, a portion of northwestern Santa Clara County has been placed under ACP quarantine.

The additional Kern County quarantine zone measures 148-square miles in and around the City of Bakersfield, bordering on the north by New Stine Road; on the east by S Vineland Road; on the south by Millux Road; and on the west by Interstate 5.

The Santa Clara County quarantine zone measures 99-square miles, bordered on the north by Alum Rock Park; on the south by Santa Teresa Blvd; on the west by N Monroe Street; and on the east by Joseph D Grant County Park.

The ACP is an invasive species of grave concern because it can carry the disease huanglongbing (HLB), also known as citrus greening.  All citrus and closely related species, such as curry trees, are susceptible hosts for both the insect and the disease.  Once a tree becomes infected, there is no cure; the diseased tree will decline in health and produce bitter, misshaped fruit until it dies.

Though the ACP is a dangerous pest of citrus, the fruit is safe to eat and HLB is not harmful to human health, according to Joe Deviney, Santa Clara County Agricultural Commissioner.

USDA's free "Save Our Citrus" iTunes app

USDA’s free “Save Our Citrus” iTunes app

Residents in the area who think they may have seen ACP or symptoms of HLB on their citrus trees are urged to call CDFA’s Pest Hotline at 1-800-491-1899.  Residents with backyard citrus trees in the quarantine area are asked not to transport citrus fruit or leaves, potted citrus trees, or curry leaves from the quarantine area. For more information on the ACP and HLB, please visit the CDFA website.

Better yet, if your citrus fruit is misshapen or discolored or your citrus tree looks sick, send a photo with the new, free SAVE OUR CITRUS app from the USDA. Residents can easily report symptoms, upload a photo and receive a response back from citrus experts. The app includes information and diagnostic tools for all four leading citrus diseases: citrus greening, citrus canker, citrus black spot and sweet orange scab.

Elsewhere in the state, ACP quarantines are now in place in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Tulare, Ventura, and portions of Fresno, Kern, and San Luis Obispo counties.

The disease itself, HLB, has been detected just once in California, in 2012, on a single residential property in Hacienda Heights, Los Angeles County, and is known to be present in Mexico and in parts of the southern U.S.  Florida first detected the psyllid in 1998 and the disease in 2005, but the two have spread to all 30 citrus-producing counties in the state.  The University of Florida estimates HLB has caused the loss of more than 6,600 lost jobs, $1.3 billion in lost grower revenue and $3.6 billion in lost economic activity.  The HLB disease is also present in Georgia, Louisiana, South Carolina, and Texas, and the ACP pest–but not the disease–detected in Alabama, Arizona, Hawaii, and Mississippi.

(Photo Credit: UCANR)

2016-05-31T19:32:18-07:00October 23rd, 2014|

Pacific Legal Foundation Appeals to U.S. Supreme Court Over Water Cutbacks Based on Delta Smelt Biological Opinion

On behalf of San Joaquin Valley almond, walnut, and pistachio growers, Pacific Legal Foundation (PLF) filed an appeal TODAY, asking the U.S. Supreme Court to review a Ninth Circuit decision this past March that upheld the Delta smelt “biological opinion” — an Endangered Species Act regulation that has caused devastating water cutbacks in Central and Southern California, worsening the effects of the current drought.

PLF’s petition for certiorari asks the High Court to reconsider — and reverse — the controversial precedent on which the Ninth Circuit relied:  the Supreme Court’s 1978 decision in TVA v. Hill, which gives a blank check for onerous species regulations, “whatever the cost.”

PLF’s appeal:  Regulators broke their own rules by ignoring economic impacts

Listed as “threatened” under the ESA, the smelt is a three-inch fish in the Sacramento-San Joaquin Delta.  In a controversial strategy to help the smelt, regulations under the 2008 “biop” send vast quantities of fresh water directly to the ocean — instead of storing it behind dams or pumping south for use in cities and towns and on farms.  However, the smelt hasn’t improved — but the economy has suffered, with even more severe effects as the natural drought has set in.

PLF has been battling the Delta smelt water cutbacks for many years, and once before sought Supreme Court review, in our separate challenge based on the Commerce Clause.

PLF’s current case is based on the fact that the U.S. Fish and Wildlife Service violated its own regulations in drafting the Delta smelt biop.  Specifically, the biop’s drafters ignored the potential harms — even though they were supposed to take economic considerations into account.

Damien M. Schiff, Principal Attorney, Pacific Legal Foundation's National Litigation Center

Damien M. Schiff, Principal Attorney, Pacific Legal Foundation’s National Litigation Center

“Under the U.S. Fish and Wildlife Service’s own rules, officials must consider economic impacts of proposed ESA regulations,” said PLF Principal Attorney Damien Schiff.  “But with the smelt biop they bypassed this requirement.  We’re asking the Supreme Court to call them out for not making good on their legal duty — and on their duty to the public interest.

“The economic impacts that regulators ignored have been tremendous — and tremendously negative,” Schiff continued.  “Even before the drought, pumping restrictions fallowed hundreds of thousands of acres of farmland, contributing to unemployment of 40 percent in some rural communities.  In Southern California, we saw what amounts to a Delta smelt tax, with water rates hiked by 17 percent or more in some areas.

“The biop has also worsened the impacts of the drought,” he added.  “It reduced the amount of water that was stored when we had ample rainfall and should have been saving for the dry times.”

PLF asks Supreme Court to help drought-stricken Californiaby rejecting the Delta smelt biop — and the “anti-human” TVA v. Hill

In 2010, then-U.S. District Court Judge Oliver W. Wanger, of Fresno, struck down the Delta smelt biop, holding that it had been drafted “arbitrarily and capriciously,” with “sloppy science and uni-directional prescriptions that ignore California’s water needs.”

However, this past March, a divided Ninth Circuit panel reversed Wanger’s order that the biop be rewritten.  Although the Ninth Circuit acknowledged that the biop is a “chaotic document,” poorly reasoned and written, the court cited TVA v. Hill in upholding it.

“The Ninth Circuit’s ruling was another example of the anti-human bias of TVA v. Hill and its staggering assertion that species protection takes absolute precedence over all other considerations,” said Schiff.  “As California suffers a third year of drought, we are asking the Supreme Court for relief from illegal regulatory cutbacks on water — and from the pernicious judicial precedent that is used to justify them.

TVA’s indifference to the welfare of human beings was a misreading of the Endangered Species Act from the first, but it’s more incorrect than ever today,” Schiff said.  “Ironically, the Ninth Circuit’s decision undercuts Congress’ attempts to temper TVA’s extremism.  Congress added a framework to the ESA requiring ‘reasonable and prudent alternative[s]’ when protecting species.  The FWS’s rule for considering economic impacts furthers this purpose of bringing balance to the process.  Yet the Ninth Circuit has permitted the agency to violate that rule and ignore the devastating impact of water cutbacks on families, farms, businesses, and the California economy.

“In recent years the U.S. Supreme Court has begun to back away from TVA,” Schiff noted.  “The Delta smelt case offers the court an opportunity to help drought-scorched California — and to finally overturn this radical and harmful precedent.”

PLF represents Central Valley farmers

In all of PLF’s legal efforts against the Delta smelt regulations, PLF attorneys represent three farms in California’s San Joaquin Valley that have been seriously affected, since 2008, by the water cutbacks:  Stewart & Jasper Orchards (an almond and walnut farm); Arroyo Farms (an almond farm); and King Pistachio Grove (a pistachio farm).  PLF represents the clients in this case — as in all our cases — free of charge.

The case is Stewart & Jasper Orchards v. Jewell.  PLF’s petition for certiorari, a video, a blog post, and a podcast, are available at:  www.pacificlegal.org.

 

About Pacific Legal Foundation

Donor-supported Pacific Legal Foundation (www.pacificlegal.org) is a nonprofit public interest watchdog organization that litigates for limited government, property rights, and a balanced approach to environmental regulation, in courts across the country.  PLF represents all clients free of charge.

2018-04-23T12:23:43-07:00October 1st, 2014|
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