Trees

ASIAN CITRUS PSYLLID QUARANTINE EXPANSION IN KERN COUNTY

The California Asian Citrus Psyllid Quarantine includes, as of TODAY, two portions of Kern County following the detections of two ACP within the City of Bakersfield, one in the Westchester area and the other in the Panorama Drive area. The quarantine zone measures 63-square miles in the Westchester area and 65-square miles in the Panorama Drive area.  A link to the quarantine maps 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 which 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.

County-wide Asian Citrus Psyllid Quarantines are now in place in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Tulare and Ventura Counties, with portions of Fresno, Kern, Madera, San Benito, San Joaquin, San Luis Obispo, and Santa Clara counties are 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 not 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 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.

Featured Photo: Asian Citrus Psyllid, UC ANR

2016-05-31T19:28:14-07:00June 17th, 2015|

Biomass Bill Passes Assembly

Biomass Bill (AB 590, Salas / Dahle) Protects Renewable Energy and Air Quality

SACRAMENTO – AB 590 will incentivize biomass utilization of agriculture waste and forest waste. The legislation will save jobs, divert biomass from landfills, and create renewable energy.

“Biomass power generation is a clean and efficient way to produce renewable energy and help improve our air. In fact, the Delano biomass facility has helped reduce 96 percent of the pollutants released from open-field burning. This facility alone converts 300,000 tons of agricultural waste per year into clean, renewable energy.” said Assemblymember Salas. “AB 590 provides the necessary structure and resources to protect and incentivize biomass power in California.”

Farms in Kern and Tulare Counties generate over 580,000 tons of woody waste annually, mostly from almond, peach, and nectarine orchards. In the past, most of this material has been burned openly in the fields. Open burning of wood residues produces up to 100 times more greenhouse gas (GHG) emissions than biomass power plants, which convert wood into renewable energy. The Delano biomass facility reduces 96 percent of the pollutants released in open-field burning; leading local air quality management officials to call Covanta Delano “a stationary air pollution control device.”

In addition to air quality benefits, the biomass plants produce a steady flow of reliable, renewable, baseload electric power regardless of natural external conditions, like wind, sun and water flow. The plants also help ensure that the state meets its current renewable energy portfolio standard of 33 percent by the 2020 statutory deadline.

“In the past few years we have seen the catastrophic results of forests that are too loaded with forest fuels. The people of my district have lived in a cloud of smoke, as thousands of acres have burned destroying lives, property, critical animal habitat, ruining our watersheds and wasting valuable resources,” said Assemblyman Dahle. “I introduced AB 590 to address this crisis. The bill is now on to the Senate with bipartisan support from the Assembly, where I hope to see it receive the same support.”

Currently, California biomass plants use more than eight million tons of wood waste as fuel. About 3.7 million tons represent urban wood waste kept out of landfills, helping local governments meet disposal mandates.

Biomass plants across the state employ approximately 700 people directly, as well as 1,000 to 1,500 other workers in dedicated indirect jobs. Many are in economically hard-pressed rural communities where the plants are one of the largest private employers.

Unfortunately, the 25 plants that convert biomass waste into energy are at serious risk of closure without decisive action by the State Legislature and the Governor. In the past year, five plants closed. AB 590 would allocate part of the state’s Greenhouse Gas Reduction Fund (GGRF) revenue to defer the costs of operating these plants.

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Assemblymember Salas represents part of the City of Bakersfield, the cities of Arvin, Avenal, Corcoran, Delano, Hanford, Lemoore, McFarland, Shafter, Wasco, and the communities of Armona, Buttonwillow, Home Garden, Kettleman City, Lamont, Lost Hills, Stratford and Weedpatch

Assemblymember Dahle represents Alturas, Anderson, Butte County (Portions), Colfax, Dunsmuir, Grass Valley, Lassen County, Modoc County, Montague, Mount Shasta, Nevada City, Nevada County, Placer County (Portions), Plumas County, Portola, Redding, Shasta County, Shasta Lake, Sierra County, Siskiyou County, Truckee, Weed, Yreka

(Photo: Covanta Biomass Plant, Delano, CA)

Contact: Jillian Rice. (661) 335-0302

2016-05-31T19:28:15-07:00June 4th, 2015|

Good News for Oakdale Irrigation District Farmers

Oakdale Irrigation District Farmers:
2015 Water Allotments Raised to 40 Inches

A couple of beneficial spring storms combined with cool weather and strong water conservation led to good news Tuesday morning for farmers in the Oakdale Irrigation District: A small bump in the amount of water they will receive in the fourth year of drought.

OID directors voted 4-0, with Al Bairos absent, to raise this year’s allocation to 40 inches from 36. When the irrigation season began in March, OID told irrigators to expect 30 inches this year – the first time in its 105-year history it has put limits in place.

Directors also declined to rescind a decision they made in April to deliver 10 inches of water to Tier 2 customers.

General Manager Steve Knell said small storms in April and May provided an unexpected bonus: enough water to keep soil moisture high in the valley, plus additional runoff into Sierra reservoirs. He told directors that 2.8 inches of rain fell above Donnells and Beardsley Lakes, which had plenty of room to capture it.

He said the rain comes on top of positive efforts by OID’s 2,900 agricultural customers to use less water. The combination has the district to easily meet its goal of pushing at least 10,000 acre-feet of “saved” water into New Melones Reservoir. OID is on target to conserve about 17,000 acre-feet, Knell said.

“When you ask constituents to step up in this district, they do it,” he said.

The 40 inches OID’s irrigators will receive compares to 36 inches for those in the South San Joaquin Irrigation District and is more than double what farmers in the Modesto and Turlock districts will get this summer.

“Forty inches is an abundance of water,” said Brian Lemons, who grows almonds and walnuts.

Still, the implications of the drought were on the minds of OID’s staff and board.

Knell said the district is discussing various 2016 water scenarios with the federal Bureau of Reclamation, which manages New Melones. And Director Frank Clark warned about the financial implications of the drought on the district, which has dug into its reserves to use $17 million to balance its budget the past two years.

“If these dry years continue and you have no income from hydro production and you have no excess water to sell and you keep drawing down from reserves, it looks bleak,” Clark said. “We could be looking at … raising irrigation rates.”

2016-05-31T19:28:15-07:00June 2nd, 2015|

A Call for Common Sense Water Management

California Water Management Dilemma

By Lawrence H. Easterling, Jr.

Larry Easterling

Larry Easterling makes a comment at a recent pistachio growers meeting.

We are witnessing the dismantling of the California water conveyance system that supplies drinking water for 25 million California residents and four million acres of prime farmland in the San Joaquin Valley.

Our water resources are being “Withheld” from the very people of this state who have shown what “Free Enterprise” can do not only for the well-being of all in California, but the entire nation. Unfortunately, several major environmental groups and complacent politicians are killing the freedoms that have been the bulwark of success in California. Let me explain.

Water is our most valuable renewable resource and Mother Nature gives it to California in copious amounts during most years. What we do with that water—water management—is critical to the future of the Golden State.

On average, 200.0 million acre-feet of water a year blankets our state. One acre-foot is equal to 325,851 gallons of water. Of that precipitation, 75% originates north of the Sacramento River. The other 25% falls in central and southern California.

The water that is not manageable by us is 120.0 million acre-feet. Some of it evaporates, but most of it settles into the ground, fills lakes, and what remains heads for the Pacific Ocean. The balance of the water is called “directable” surface water (80,000,000 acre-feet) and this is where we have the opportunity to put it to its best and proper use.

By 2005, according to the Department of Water Resources, 48% of that directable water went to the environment, 41% to agriculture and the remaining 11% to rural areas. This balance of such a precious resource seemed at the time to be equitable to all parties, thanks to the ingenuity of our forefathers in the 20th century. Their foresight gave us a water conveyance system second to none in the entire world.

 

California’s water conveyance system had four major objectives:

  1. To provide reliable water deliveries to 25 million people to avoid water shortages that would otherwise exist and continually plague two-thirds of the California population.
  2. To support four million acres in central California of what the National Geographic Magazine proclaimed to be the most productive farmland in the world.
  3. To reinforce our natural environment.
  4. To recharge our groundwater supplies.

Some distinctions should be made here as to how much directable water we are actually concerned about. At full capacity, the two California water conveyance systems—the State Water Project (SWP) and the federal Central Valley Project (CVP)—deliver water from northern California to southern and central California. Each system, the CVP and the SWP, has the capacity to each deliver 4.0 million acre-feet water each year. However, this water delivery capacity has never been tested. The record shows that in the years prior to 2005, the average total delivery COMBINED for both projects was 5.4 million acre-feet per year. The ultimate users of this water went to agriculture (60%) and the rural population (40%).

The volume of water available, on average, from the Sacramento River, including the San Joaquin River, is 30.3 million acre-feet. It is from this volume of water that the 5.4 million acre-feet are sent south.

In 2007, several environmental organizations led by Natural Resources Defense Council took the Department of Water Resources to court to compel the court to enforce the Endangered Species Act (ESA). The court ruling to enforce this law declared that the giant water export pumps that raise the water from the Delta into the California Aqueduct were cut back because it was suspect that the pumps were killing too many delta smelt, an endangered species.

Even in flood years restricted pumping has reduced the water flow to a fraction of the contracted normal flow. Henceforth, since 2007, our water deliveries to urban and agricultural areas have been severely compromised.

The enforcement of these laws is now negating the four major functions of the giant California water conveyance system outlined with the possible exception of the natural environment. Now mind you, this water comes from northern California where 75% of the rain in California falls, averaging over 50 inches a year. Central and southern California “average” less than 15 inches a year.

During the seven years from 2007 through 2014, average deliveries to farms have been reduced to less than one acre-foot per year. Most agricultural crops require 3 ½ acre-feet of water per year. Today, without recourse, these farms are left with barely enough water to keep their plants alive. As for the hardship visited upon 25 million consumers, the Metropolitan Water District (MWD) in southern California is a good example.

The MWD services 19 million accounts, and prior to 2007, was receiving 40% of its water from the SWP. That water source has now only been able to supply approximately 10% of their needs. Consequently, due to seeking other sources to replace their water losses, rate increases to their customers over the years 2007 to 2014 have doubled. On top of all these setbacks, Mother Nature now has shown us her own drought versus our manufactured water crisis. All the way through this synthetic drought, the average rate of precipitation at the source of our water in northern California has been 45 inches each year.

In order to survive, those of us who must have an adequate supply of water to sustain us have been forced to pump more groundwater and/or purchase water from farmers who idle farmland and transfer their water to areas severely threatened with water shortages. For some of those lucky enough to find water for sale, the cost of water has become a severe financial burden. Where farms in the Central Valley were, prior to 2007, paying just under $100 per acre-foot, today if a willing seller can be found, the price can range anywhere from $1,000 to over $2,000 per acre-foot. In many such cases, water costs can exceed all other cultural costs combined. Likewise, the aquifer has dropped every year since 2007 due to frantic attempts by farmers to supplement the critical loss of surface water.

 

WHAT MUST BE DONE:

The effects of water deprivation over an eight-year period by a man-made drought capped by one of nature’s real droughts, is wrecking havoc with the nation’s food supply. The state of California is now in the grips of the Law of Diminishing Returns and is incapable of averting a disaster due to environmental regulations. Consequently, this country’s NATIONAL SECURITY is being compromised. CONGRESS MUST ACT NOW before further damage is done. These actions need to be taken:

1. The Endangered Species Act (ESA) must be excluded from jurisdiction over the pumps, which move northern water to central and southern California. The pumps are presently operating at about 15% of their capacity. This measure should be permanent and under the management of the Department of Water Resources (DWR).

2. The Endangered Species Act needs to be revised in order to “protect all species”, including humans, from collateral damage due to methods employed to save one species that results in severe damage to other species. This would be implemented through a biological opinion that would INCLUDE a list of all species that would be adversely affected by the METHOD employed to protect one specific species. This measure would make right just one of the irregularities in this flawed law, which attracts litigation like bees to honey. The law does not need to be struck down, simply rewritten to safeguard “all” species, including human beings.

3. California’s magnificent water distribution and conveyance system has no peer in this world. It is a remarkable feat of engineering admired by those who have come from far and near to marvel at its accomplishment. Yet, by environmental fiat, it has been reduced to a token of its capabilities. “Directable” water in California originally ceded one-third of its 80,000,000 acre-feet to the environment.

Today, according to the DWR, the environment now takes, not one-third, but 50% of the direct able water, leaving the rest to urban and farming communities. This is not what the original framers envisioned, but under the DWR, its control has been gradually diluted by federal agencies such as the Environmental Protection Agency (EPA), and one of its extensions known as the STATE WATER RESOURCES CONTROL BOARD (SWRCB). THIS FIVE PERSON-BOARD IS STAFFED WITH ENVIRONMENTALISTS, such as their chairwoman, Felicia Marcos, a Governor Brown-appointee, whose professional background includes eight years with the EPA and five years with the radical Natural Resources Defense Council.

The influence of these federal agencies, backed by political power brokers’ lobbyists, has tilted the water distribution of surface water away from its original intended users. In essence, the environmentalists now control California’s surface water; and now, with the passage of the recent 7.5 billion dollar Water Bond, they will control our groundwater as well. If the water agencies do not perform with the desired results, the bottom-line is that final control will go to the SWRCB.

The ship of state now needs to be righted; it is drifting far off course. First of all, the EPA must be brought to heel. For a federal agency, it exerts far too much power. And, in so doing, has completely distorted California’s surface water delivery system. Next, the SWRCB must either be eliminated with FULL CONTROL restored to the Department of Water Resources, or completely reorganized as an ADVISORY BOARD to the DWR where ALL recipients of the surface water system would be represented. A ten-board membership might be in order, with a director and the nine remaining seats divided into three equal parts by experienced personnel in agriculture, city water management, and the environment, i.e., three persons from each classification and residents of northern, central and southern California.

4. Finally, one in every ten workers in California is either directly, or indirectly dependent upon the health of our vast agricultural industry.

It is time to step forward and reveal, with facts and figures, the house of cards that water management in this state has become. Likewise, those 25 million people in southern California, such as the MWD’s 19 million users who once got 40% of their water from the giant conveyance system, deserve to get that water back.

With years of a man-made drought compounded by a natural drought now in the eighth year, there is ample information available through various farm county records to quantify in lost dollars the cumulative effect of, (1) lost production due to forced fallowing of land, (2) water costs that are now ten times what they were prior to 2007, and (3) the heavy burden economically of converting hardworking farm labor to the welfare roles where some Central Valley towns are now approaching 50% unemployment. Combined, these costs will be in the billions of dollars, bloating further our California deficit.

The goal of society has always been to improve the human condition and for one generation to leave a better world for the next. The visionaries of the 20th century got it right. They delivered in spades to us, the beneficiaries, a modern miracle. It is a water conveyance system like none other to serve all the people of California. Where are those visionaries now? Rather than embrace the gifts of a reliable source of precious water, they proceed to dismantle the entire system. It is because of the system that California feeds the nation. This is not just a California crisis. It is one that will affect the entire nation. Look upon it as a national security threat and demand that our leaders do what is right for the vast majority of this country’s people.

 Lawrence H. Easterling, Jr. Administrator, Kettleman Pistachio Growers and Director, American Pistachio Growers

 

2016-08-03T21:05:15-07:00May 18th, 2015|

Farmer Kable Munger Expands Operations to Other Countries

Fed up With California, Some Farmers are Relocating to Other Countries

By Patrick Cavanaugh

Kable Munger of Delano-based Monarch Farms is fed up with the man-made drought and over-regulations in California.

“We farm and process about 800 acres of pistachios, and we are one of the owners of Naturipe, which is the world’s largest producer and marketer of blueberries. We’ve always farmed in California until the last five or six years with the water situation, the regulations on water and other regulations, we have been expanding into Mexico and South America because that is where we can do what we want to do as farmers,” said Munger.

“In those countries, people understand that we are doing a service for them and not just taking away,” said Munger.

“Even on the environmental side, people have the misconception that farmers are not taking care of the environment; but in fact, it is just the opposite,” noted Munger. “If we didn’t have all this farming and all these trees, how do we get clean air? And we are good stewards of the water, most of California is using drip irrigation, we are conserving water, we are doing all that is asked of us. The problem, I think is in the urban areas, people don’t understand what we are doing and where the food comes from.”

In the other countries where they operate, “They look at us as providing a service, providing food,” Munger said.

“Here in the states, food’s been fairly cheap and readily available, so I think the public is losing respect for where the food comes from and its value. And also I think that as a country we are losing sight of what food security should be. We should be able to grow our own food. When you go to countries that don’t grow their own food, they understand what that means,” said Munger.

“In these other countries, you don’t have the same regulations, the labor is much cheaper, and it is a much easier place to do business. They understand that we are all stewards of the environment, and they do not think that a fish is more important than humans,” noted Munger.

“When you look at the water in California, over 60% goes to the ocean. There is really not a water shortage; it is all political.”

“We need to build more dams for the times when there is enough rain to capture it. But anytime we start to build a dam, there is some spider or something else in the way. We have to realize that the world existed all these years without someone protecting it, and we need to protect it, and we can do it in a reasonable way. But what the environmentalists are doing right now is not reasonable.”

“If you really look at the U.S., what have we really done in infrastructure since World War II? How man dams have we built? How many freeways have we built? Over time, we do something that will help the economy, but it has all stopped. For example, they say ‘we don’t want you to do this.’ They go to build a project, for example, a solar project, and they stop it because they say the sunrays will hurt the bird’s eyes. There’s nothing we can say to please them.”

”I was in China in a few days ago, and there was this bridge, 19 miles over the ocean, and I asked, ‘when did they start it?’ They answered, ‘Oh, in about one and half years. ‘I asked: ‘Did it take them 18-19 months to get permits, and they said, ‘no, it took us that long to build a bridge over the ocean.”

“We’re in Chile. Twenty years ago, Chile was off the radar. There was hardly anything coming out of Chile. Now Chile is the second largest ag producer, and the largest producer in the off-season, and feeds the world. It is a major exporter. Now Peru, they’ve changed their policies. Now the whole world is flocking to Peru. The public is so comfortable that they do not even realizing how much ground we are losing.”

 

2016-05-31T19:30:30-07:00February 20th, 2015|

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|

Supreme Court declines to hear PLF’s challenge to Delta smelt “biop”

Washington, D.C.;  January 12, 2015:  The U.S. Supreme Court announced TODAY that it will not hear Pacific Legal Foundation’s (PLF’s) challenge to the Delta smelt “biological opinion,” a harsh and unjustified Endangered Species Act (ESA) regulation that has led to dramatic water cutbacks for tens of millions of people — including thousands of farms and businesses — in Central and Southern California.

In appealing the case — Stewart & Jasper Orchards v. Jewell — to the Supreme Court, PLF represented San Joaquin Valley farmers who grow almonds, walnuts, and pistachios, and who have been hit hard by the water cutbacks mandated by the Delta smelt “biop.” PLF represents these clients — as with all PLF clients — without charge.

Statement by PLF Director of Litigation James S. Burling

“We are disappointed that the Court declined to review the federal government’s damaging and unjustified Delta smelt regulations,” said James S. Burling, PLF’s Director of Litigation. “These regulations have harmed farmers and farm workers in the Central Valley, along with tens of millions of Southern Californians, by diverting vast quantities of water away from human use and out to the Pacific Ocean — all to try to improve the habitat of the Delta smelt, a three-inch fish on the Endangered Species Act list. As a result, hundreds of thousands of acres of once-productive farmland have been idled, farm workers have lost their jobs, and farmers are losing their farms. Water users in Southern California have seen rates rise significantly. And the impacts of the state’s record-level drought have been much worse.

“The feds broke their own rules when they concocted these destructive Endangered Species Act regulations, because they ignored the punishing economic impact,” Burling continued. “And the Ninth Circuit was wrong to uphold the water cutbacks, because it relied on an old interpretation of the ESA that gave short shrift to the interests of human beings. If that anti-human interpretation — in the 1978 Supreme Court case of TVA v. Hill — was ever correct, it is obsolete now, after subsequent changes in the ESA. It is high time to formally reverse that ruling.”

“Unfortunately, the High Court will not hear the challenge to the Delta smelt water cutoffs,” Burling said. “But Pacific Legal Foundation is not giving up. We will return again and again to ask the Court to review — and reverse — the perverse and outmoded TVA precedent that is being used to justify policies that are literally anti-human. The protection of imperiled species is important, but so is the protection of jobs and the economy. PLF will continue to fight for that principle until it is fully embraced by the courts and fully implemented by the bureaucracy.”

PLF’s argument: Delta Smelt Regulators Wrongly Ignored 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, federal regulations under the 2008 “biop” sent vast quantities of water to the ocean — instead of storing it behind dams or pumping south for cities, towns, and farms. However, the smelt hasn’t improved — but the economy has suffered, and the effects of the drought have been made worse.

PLF’s legal challenge was based on the fact that the U.S. Fish and Wildlife Service violated its own regulations in drafting the Delta smelt biop. The agency ignored the potential harms — even though it was supposed to take economic considerations into account. “The economic impacts have been devastating,” noted Burling. “Pumping restrictions have fallowed hundreds of thousands of acres of farmland, and Southern Californians have seen water rates rise by as much as 20 percent. And once the drought set in, the impacts were more severe because of the Delta smelt regulations. By sending vast amounts of water directly to the ocean, the smelt regulations meant there was less water saved in reservoirs for the dry times.”

PLF’s case asked the Supreme Court to help drought-stricken California
by rejecting the Delta smelt biop — and reversing 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 upheld it by citing TVA v. Hill, a controversial 1978 Supreme Court ruling.

TVA v. Hill interpreted the ESA as giving a blank check for onerous species-protection regulations, “whatever the cost” for the interests of human beings. “TVA was always an extreme reading of the ESA,” said Burling. “But it is clearly obsolete now. After TVA, Congress made it crystal clear that regulators must take a balanced approach to ESA regulations, by requiring that any species-protection rules to restrict government projects must be ‘reasonable and prudent.’ The Supreme Court needs to reconsider TVA’s outdated perspective. Unfortunately, the justices declined to use the Delta smelt case as an opportunity to do so. But PLF will continue to litigate, on various fronts, until TVA is reconsidered, and the courts insist on balance and common sense in ESA regulations.”

PLF represents Central Valley farmers

In challenging the Delta smelt biop, PLF attorneys represented 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, 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.

2016-05-31T19:30:34-07:00January 13th, 2015|

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|

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|
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