The Fresno Bee, 10/2/09 reports on Friday's hearing before Judge Wanger in the "Delta Smelt" cases:
The federal government failed to conduct a critical environmental analysis before approving a controversial set of rules for the endangered delta smelt, a Fresno judge said Friday, providing an encouraging legal win for farmers.
The analysis was required under the National Environmental Policy Act -- and it should have taken into account the environmental effect on humans, U.S. District Judge Oliver W. Wanger said.
Wanger did not order any immediate changes in the smelt plan or the resulting water cutbacks for west-side agriculture and users in the Bay Area and Southern California. But that could happen during a critical hearing in December, when Wanger could order the federal government to rework the smelt plan -- and possibly suspend it while that revision is performed.
