But, the fact of the matter is that the court's not the problem. The problem is the law.
Jan 16, 2015
Valley Congressman Jim Costa sent out a news release after the U.S. Supreme Court declined to hear an appeal by Valley water agencies and growers regarding the federal rules protecting the Delta smelt (Costa Disappointed by Supreme Court Decision on Delta Smelt).
The Congressman says in the release, "the Court has made a decision to continue to limit the already scarce water supply to the San Joaquin Valley and cause further damage to California's agricultural industry."
We also wish the court had taken up the case and hopefully overturned the lower court's ruling. But, the fact of the matter is that the court's not the problem. The problem is the law. The law is the Endangered Species Act (ESA). It needs to be changed so we don't need the courts to interpret in our favor.
How do we change the law? Democrats say they won't touch it. It is untouchable. It would be nice if Congressman Costa could prevail on his fellow Democrats to see things his way. The House did it last year, but the Senate would not. Jim Costa would better use his time to put pressure on Senators Dianne Feinstein and Barbara Boxer, and the Democrat Congressional delegation from California. They are the real problem.
And while he's at it, please fix the flawed San Joaquin River Settlement law that he helped pass which is now devastating the east side of our Valley.
“Yesterday, the U.S. Supreme Court prioritized the Delta smelt over the welfare of hard working Americans in the San Joaquin Valley and across California. The Supreme Court’s refusal to take up this case will have devastating impacts on the individuals who live in these farm communities. The livelihoods of farmers, farm workers, and their families depend on a reliable water supply. The individuals being affected are the hardest working people you will ever meet, working tirelessly to put food on our nations’ dinner tables.
“By failing to hear this case, the Court has made a decision to continue to limit the already scarce water supply to the San Joaquin Valley and cause further damage to California’s agricultural industry. This decision ensures that the pumping restrictions in the flawed delta smelt biological opinion, criticized by the National Academy of Sciences, will continue toguide operations and undermine the scientific integrity required of management decisions under the Endangered Species Act. It is ridiculous to expect the Valley, which produces more than half of our nation’s fruits and vegetables, to continue being the agricultural economic engine of our state with inadequate water supplies.
“The San Joaquin Valley and its people have suffered far too long. Yesterday’s decision by the Supreme Court serves to further point out the need for Congress to act. Our current water system is broken and it is high time that all facts, including the entire body of scientific evidence, be used to make smart, viable water decisions for our State and our Valley.”
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