"A federal judge yesterday threw out a federal scientific study that forms the basis for protecting the delta smelt in California's sprawling Sacramento-San Joaquin River Delta.

In a direct and often biting decision (pdf), U.S. District Judge Oliver Wanger said the Fish and Wildlife Service had ordered a protection plan under the Endangered Species Act through a biological opinion that is "arbitrary, capricious and unlawful."

In the same breath, Wanger reiterated his position that the smelt is deserving of federal protection. But he does not agree with the standing scientific reasoning behind cutting back on water flows to districts and farms in the Central Valley to protect the tiny fish."

Colin Sullivan reports for Greenwire December 15, 2010.
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SEE ALSO:

"Effort Falters on San Francisco Bay Delta" (New York Times) [3]