More on Wanger’s ruling

U.S. District Court Judge Oliver Wanger, the same judge who threw out old biological opinions to protect salmon, steelhead and Delta smelt — forcing federal agencies to write new rules that restrict how much water can be pumped south — has granted temporary relief for the water exporters by allowing them to resume normal pumping levels, at least for the next couple of weeks.

Wanger ruled that there weren’t enough fish near the south Delta pumps to justify strict limits on pumping.

Read his ruling here.

Some early takes from the water wonks:

• The Pacific Legal Foundation, which has vociferously fought against Endangered Species Act protections, said in a statement that the judge had recognized the harm caused by water cutbacks. “His vivid description of these harms should put to rest the notion that the man-made regulatory drought is anything but real and damaging,” attorney Brandon Middleton said in a statement.

• NOAA Fisheries, which wrote the new rules to protect salmon and steelhead (but not smelt), made it clear that Wanger’s ruling was not a judgment on the validity of the biological opinion itself. “NOAA Fisheries Service continues to stand behind its scientific analysis and conclusions in the biological opinion and the requirements prescribed to the Bureau of Reclamation,” said NOAA’s Chris Yates.

• Enviro writer/advocate Dan Bacher quoted the NRDC’s Barry Nelson as saying the ruling “has enormous implications for the Delta and the fishing industry.” And: “The judge… found that blocking ESA protections won’t cause jeopardy because there aren’t ‘too many’ fish being killed at the pumps — wholy ignoring critical habitat, indirect effects, and the fact that the BO requires all of the components of the RPA (reasonable and prudent alternatives, such as cutting back on pumping) to be implemented to avoid jeopardy.”

• U.S. Rep. Dennis Cardoza, who represents parts of San Joaquin County and Stockton but has aligned himself politically with the water exporters further south: “Finally, we are seeing some sanity after what has been years of dysfunctional management of our state’s water system.”

• Stockton environmentalist Bill Jennings: “It’s a bad decision. It will kill endangered species.” Jennings points out that the ruling puts the state in a bit of a spot. There are two pumps, one federal and one state. The state pumps remain subject to California endangered species law despite Friday’s ruling. So can the state then be held in violation of that law if fish are killed at the pumps? Jennings will be watching. “We’ve got a magnifying glass on it,” he said.