July, 2007

Ol' Marse Mixed Metaphor, D-Merced

Submitted: Jul 27, 2007
"We're going to keep an eye on them," said Rep. Dennis Cardoza, D-Merced. "The administration was in a total meltdown over this, and they were putting on a full-court press to be given a second chance."

Returning agricultural border inspectors from Department of Homeland Security to Department of Agriculture jurisdiction seemed like one of the better reforms in this year's Farm Bill, at least for the purposes of crop protection, the supposed mission of agricultural inspectors.

Cardoza, minister of propaganda for the Blue Dog Democrats, has shown in the above quote that he has mastered the nuances of Dixiecrat muddled metaphor.

Beneficiaries from exotic infestations of crop-destroying pests include chemical companies, public research higher education institutions like the University of California and finance, insurance and real estate special interests interested in cheap farm land sold by pest-distressed, bee-disadvantaged farmers.

The wannabe king toys with the majority party. The Democrats don't have the courage to govern in this grave Constitutional crisis. Before they impeach, none of their acts make sense. Every day, Nancy and her corrupt little Boys and Girls fall farther behind the American people. Instead of leading them, they hide from them, weighed down by the money. The less they lead, the richer they get.

Bill Hatch
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7-27-07
Merced Sun-Star
Border inspectors stay with homeland ...MICHAEL DOYLE
http://www.mercedsunstar.com/local/story/13830873p-14405774c.html

WASHINGTON — Agricultural border inspectors will remain Department of Homeland Security employees after all, following an intense White House lobbying effort to rewrite a $286 billion farm bill.

Maneuvering behind the scenes, the Bush administration on Thursday buried House plans to transfer the plant and animal inspectors back to the Agriculture Department. The bureaucratic victory frustrates California growers and others who fear agricultural inspections are getting shortchanged.

"It's extremely disappointing," said Joel Nelsen, president of the Exeter-based California Citrus Mutual. "This program has continued to be a stepchild in the whole homeland security system."

Bush won the border battle without even needing a vote, as the House began debating the farm bill. Instead, House Democrats removed from the 744-page bill language shifting inspectors back to the Agriculture Department. Lawmakers agreed they would continue monitoring the inspectors' work, possibly reviving the issue later...

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Show time

Submitted: Jul 26, 2007

At the financial market level, it is of course assumed that all local land-use authorities would automatically have to approve subdivisions funded by subprime loans, now in default, because, naturally, no local land-use officials could possibly behave with any kind of economic caution or care. In fact, elected officials in this area -- from Rep. Dennis Cardoza, Shrimp Slayer-Merced, down to three county boards of supervisors and many city councils, promoted an orgy of greed that has ended in the northern San Joaquin Valley counties leading the nation in per capita mortgage foreclosures.

These days, not only have they been proven corrupt, the arrogance of these elected officials has increased and they are even more willing to try to intimidate the public by calling them "socialists" and whatnot.

But, looking at it from their point of view, what else can they do but try to slander their critics? What they did is out in front of God and Everyone. The obvious political play is to bring up the Socialist Menace. Let's forget about subsidized federal water for subsidized cotton and all the rest of Supervisor Jerry O'Banion's friends and interests. O'Banion would never be dumb enough to call anyone a socialist, given the political situation on the west side. But, would he above goading Supervisor Mike Nelson to do it?

The socialists in Merced County are rich, subsidized farmers, public employees (teachers, city and county employees, etc.) and UC Merced. We have bureaucratic oppression on the east side and the same-old feudalism on the west side.

But, don't tell the focos grupitos participating in the county general plan update process that! Perish those critical thoughts! We will reach a grand consensus (led by the adroit triple-speak of county planning staff). Don't count on Agriculture. Those people are in acute political schizophrenia: landowner v. farmer. To preserve or to sell, that is the question. It's Hamlet time.

If we are not to be guided lovingly over the cliff to San Fernando Valley by our triple-speaking public employees, it would be wise to talk among ourselves, not coagulating into some phony group, but in caucus among those we trust and who share common interests. The way the flak is drifting at the moment, people cannot find their allies because they are buying into political agendas against their self-interests, in the name of vast, utterly illusory, consensuses defined by our common grave diggers.

But, Hey, it's the California Way. Right?

Wrong.

Groups must develop now that can identify their own self interests and can seek and find coalitions with other groups with allied self interests against a bureaucracy in the east, which cares for nothing but more jurisdictional revenue, and the feudalism in the west, living off subsidies and cheap labor.

Bill Hatch
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San Francisco Chronicle

Wall Street Plunges, Dow Falls 400 ... JOE BEL BRUNO, AP Business Writer
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/07/26/financial/f112916D39.DTL&hw=environment&sn=002&sc=891

Wall Street suffered its second-biggest plunge of the year Thursday, leading global markets lower as investors fled stocks amid increasing uneasiness about the mortgage and corporate lending markets. The Dow Jones industrials fell more than 400 points, while Treasury yields plunged as investors moved money into bonds.
Investors who had been able to shrug off discomfort about subprime mortgage problems and a more difficult environment for corporate borrowing appeared to finally succumb to those concerns. The Dow's drop is the biggest since it plummeted 416 points on Feb. 27 after a nearly 10 percent decline in Chinese stock markets.
Feeding the selling were concerns that higher corporate borrowing costs will curb the rapid pace of takeovers that have driven major indexes this year. Investors also feared the sluggish environment for home sales and continued defaults in subprime loans would spur debt defaults and weigh on corporate earnings.
"Worries that have been out there for the past couple of years are coming to a head right now," said investment strategist Edward Yardeni, president of Yardeni Research Inc. "It's show time" ...

Huge Farm Bill Offers More of Same for Agribusiness ...Carolyn Lochhead
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/07/26/MNG9AR6V6S1.DTL

WASHINGTON - A prominent San Francisco patron of the arts, Constance Bowles — heiress of an early California cattle baron, widow of a former director of UC Berkeley’s Bancroft library and a resident of Pacific Heights — was the largest recipient of federal cotton subsidies in the state of California between 2003 and 2005, collecting more than $1.2 million, according to the latest available data.
That is the way U.S. farm programs are designed to work. Five crops — cotton, corn, wheat, rice and soybeans — received 92 percent of the $21 billion in federal farm payments last year. The biggest payments go to the biggest farms.
That also is pretty much the way farm programs will continue to work for the next five years under mammoth legislation scheduled today for a House vote.
House Speaker Nancy Pelosi of San Francisco has endorsed the new farm bill, produced by the House Agriculture Committee to run programs for the next five years, as a major reform because it limits annual payments to farmers who earn $1 million a year.
The income limit for a couple would actually be $2 million, because a husband and wife each could collect.
If the bill becomes law, the U.S. Department of Agriculture says the cap will affect just 3,100 farmers, assuming they do not use accounting tactics to reduce their taxable income. Actual payments to farmers would rise over the five years authorized by the bill. The bill is over budget, so Democratic leaders propose a $4 billion tax increase on U.S. subsidiaries of foreign companies to pay for it...Pelosi is pushing for a quick House vote this week on the Agriculture Committee’s bill to give rural Democrats — especially those who won seats in GOP-dominated districts last year — something to tout when they return home for the August congressional recess...But most California farmers — and most U.S. farmers — do not grow the five subsidized crops and do not receive direct payments from the federal government. California fruit, nut and vegetable growers, who would get research and marketing aid under the new bill, mostly oppose crop subsidies and did not seek them.
Economists say the subsidies harm most farmers. That’s because they lower crop prices, raise land prices and rents, and give subsidized farmers a financial advantage that has helped drive their neighbors out of business and keep young farmers from getting started.
Many farmers, and farm state politicians of both parties, oppose large payments. Rep. Ron Kind, D-Wis., Sen. Byron Dorgan, D-N.D., and Sen. Chuck Grassley, R-Iowa, all want to limit payments to one-quarter the size Pelosi has endorsed in the House bill.
“When you say to the biggest farms in the country, ‘The bigger you get, the more money you get from the government,’ then the farm program effectively subsidizes the destruction of family farming,” said Chuck Hassebrook, executive director of the Center for Rural Affairs in Nebraska. “Most people in rural America think that is bad policy.”
The big payments would continue while prices of subsidized crops are at or near record highs, fueled by the ethanol boom. The value of this year’s giant corn crop — which would almost cover the state of California in acreage — is expected to reach $40 billion.
California’s top subsidy recipient from 2003 to 2005, Bowles, 88, of San Francisco, collected the $1.2 million in mostly cotton payments through her family’s 6,000-acre farm, the Bowles Farming Co., in Los Banos (Merced County). She could not be reached for comment.
Another family member, George “Corky” Bowles, who died in 2005, collected $1.19 million over the same period. George Bowles once ran the farm but lived on Telegraph Hill. A collector of rare books and 18th century English porcelain, he served as a director of the San Francisco Opera and a trustee of the Fine Arts Museums.
The farm is run by Phillip Bowles in San Francisco. Phillip Bowles was on vacation Tuesday and could not be reached. He told KGO television last week that he’s no fan of subsidies, but if big cotton growers in Texas get them, so should he.
“Many of these businesses are getting 20 to 30 to sometimes 40 percent of their gross revenues directly from the government,” Phillip Bowles told KGO. “I don’t have a good explanation for that. Somebody else might, but it beats me.”
Economists say they can find no rationale for the subsidies, which started in 1933 as temporary aid for small farmers devastated by the Dust Bowl and the Great Depression. Then, a quarter of Americans lived on farms. Today, less than 1 percent do — so few that the Census Bureau quit counting.
“The programs are just outdated,” said Daniel Sumner, director of the UC Agricultural Issues Center and a leading farm economist. “No one can think of a legitimate reason why we have these farm programs for a handful of crops in the United States.
“If the best the committee could do is say these payments are to help people in need, and we’re going to define for farm legislation that somebody’s in need if the family makes $2 million a year — a million for the husband and a million for the wife — that’s a little strange. If these are really welfare programs for the needy, we don’t normally cut those off at $1 million. It’s more like $20,000.”
Cotton ranks as the No. 1 subsidized crop in California. Federal data compiled by Environmental Working Group, an advocacy organization, shows that the state’s cotton, rice and dairy farmers received more than $1 billion in federal support from 2003 to 2005. During the same period, about $62 million went to farm conservation and environmental projects in California...Farm environmental programs now total $4 billion a year, far outstripping any other federal funding for private conservation. Environmentalists would like to see the crop subsidies also go to “green payments” to induce environmental protection for wildlife habitat, watersheds and the like.

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But do they still vote?

Submitted: Jul 25, 2007

USDA Paid Dead Farmers $1.1B
Report: Between 1999 And 2005, Government Made Farm Payments To More Than 170,000 Dead Farmers -- CBS News
http://www.cbsnews.com/stories/2007/07/24/politics/main3092184.shtml?source=RSSattr=Politics_3092184

(AP) The Agriculture Department sent $1.1 billion in farm payments to more than 170,000 dead people over a seven-year period, congressional investigators say.

The findings by the Government Accountability Office were released Monday as the House prepared to debate and pass farm legislation this week that would govern subsidies and the department's programs for the next five years.

GAO auditors reviewed payments from 1999 through 2005 in the report, which was requested by Iowa Sen. Charles Grassley, senior Republican on the Senate Finance Committee.

"It's unconscionable that the Department of Agriculture would think that a dead person was actively engaged in the business of farming," said Grassley.

The auditors said they found that the department has not been conducting the necessary checks to ensure that subsidy payments are proper.

"USDA has made farm payments to estates more than two years after recipients died, without determining, as its regulations require, whether the estates were kept open to receive these payments," their report said.

Of the identified payments to deceased farmers' estates or businesses, 40 percent went to those who had been dead more than three years, and 19 percent went to those who had been dead for seven or more years.

John Johnson, a deputy administrator for the Farm Service Agency, said there is no indication that the payments were improper, since some rules allow estates to continue receiving money after a two-year grace period. The department is hoping to rely less on self-reporting and is working with the Social Security Administration to boost its record keeping, he said.

Senate Agriculture Committee Chairman Tom Harkin, D-Iowa, said the report bolsters the argument there should be lower ceilings and stricter limits on farm subsidies.

"Given extremely tight budget restraints, it is no longer tolerable to permit billions of dollars in farm bill payments to go to individuals who in instances don't even farm or are no longer alive," he said.

Senate Budget Committee Chairman Kent Conrad, D-N.D., said he is looking into ways to stop estates from continuing to collect farm payments long after the designated recipient for them has died.

"They have plenty of people to check to make sure they aren't handing out payments to dead people, for God's sake," he said...

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California Sportfishing Protection Alliance lashes Valley agricultural pollution

Submitted: Jul 25, 2007

Water Board Report Shows that Irrigated Agriculture Has Polluted the Delta and Most Central Valley Waterways

For immediate release:
25 July 2007

(Stockton, CA) The Central Valley Regional Water Quality Control Board (Regional Board) has released a landmark draft report presenting the first region-wide assessment of data collected pursuant to the Irrigated Lands Program since its inception in 2003. Data collected from some 313 sites throughout the Central Valley reveals that: 1) toxicity to aquatic life was present at 63% of the monitored sites (50% were toxic to more than one species), 2) pesticide water quality standards were exceeded at 54% of sites (many for multiple pesticides), 3) one or more metals violated criteria at 66% of the sites, 4) human health standards for bacteria were violated at 87% of monitored sites and 5) more than 80% of the locations reported exceedances of general parameters (dissolved oxygen, pH, salt, TSS). While the adequacy of monitoring (i.e., frequency and comprehensiveness) of monitoring varied dramatically from site to site, the report presents a
dramatic panorama of the epidemic of pollution caused by the uncontrolled discharge of agricultural wastes.

The report is posted on the Regional Board’s website at:

http://www.waterboards.ca.gov/centralvalley/programs/irrigated_lands/index.html#Monitoring A brief review of the report including a zone-by-zone description of many of the monitoring results is attached at the bottom of this advisory.

“The report is a searing indictment of the Schwarzenegger Administration’s failure to regulate polluted discharges from irrigated agriculture,” said Bill Jennings, Executive Director of the California Sportfishing Protection Alliance (CSPA). “Allowing farmers to dispose of toxic wastes in our waterways without effective regulation has destroyed the biological integrity of streams, rivers and the Delta,” he said adding, “Collapsing fish populations are a direct result of failing to require agriculture to comply with routine pollution control requirements applicable to virtually every other segment society, from municipalities and industry to mom-and-pop businesses.”

California’s ambient monitoring program and scientists from the University of California at Davis collected data from 53% of the sites. The remaining sites were monitored by agricultural coalitions or individual water agencies, pursuant to the Irrigated Lands Waivers program.

Discharges of agricultural pollutants are allowable under waivers of waste discharge requirements issued by the Regional Board in 2003 and renewed in 2006. Those waivers are being contested in a lawsuit filed by CSPA and Baykeeper against the Regional Board on 18 June 2007.

The waivers require farmers to join coalitions and conduct limited water quality monitoring. However, requirements to implement pollutant control measures are voluntary. Unfortunately, the structure of the waivers precludes the Regional Board from learning the identity of specific dischargers, actual discharge locations, the constituents being discharged, the volume and concentration of discharged pollutants, whether or not BMPs have been implemented or if implemented BMPs are effective. Consequently, the Regional Board cannot document a single specific source of pollution, the implementation and effectiveness of a single control measure or a single pound of pollution that has actually been prevented from entering waterways.

Since the coalitions are legally fictitious entities shielding actual dischargers, the Regional Board is unable to employ its traditional regulatory enforcement powers against dischargers to compel compliance with the conditions of the waiver. As a result, no enforcement actions have been taken for the failure of the coalition’s to comply with the waiver’s explicit monitoring and reporting requirements. Regulation of the largest source of pollution to Central Valley waterways has effectively been delegated to the voluntary goodwill of groups of dischargers. Such an approach has never worked in the past and is not likely be successful in the future.

“The report puts to rest the repeated claims by farmers that agricultural pollution is not a problem in the Central Valley,” said Jennings, “and it graphically chronicles the bankruptcy of the Regional Board’s approach to controlling agricultural wastes.” “We cannot begin to restore the Delta and Central Valley waterways until we begin to control the massive discharge of toxic pollutants from agriculture.”

CSPA reviewed the draft report and found that it was confusing and understates the consequences of the data. Principle defects were: 1) lack of a unified framework (formats, tables and discussion rationales are different for each zone), 2) comparison of toxicity and specific constituents to total sites monitored, regardless of whether they were monitored at a particular site; 3) failure to address spatial and temporal variability in comparing water quality exceedances to total collected samples, and 4) failure to discuss the ecological and statistical significance of criteria exceedance. Despite these shortcomings, the report is the first attempt to define the extent of agricultural pollution and it presents an appalling picture of the state of Central Valley waterways.

One of the more disturbing findings in the report is the pervasiveness of long-banned pesticides like DDT and it’s degradates, DDE and DDD, that are either being remobilized by present farming practices or illegally applied. DDT is still legal in Mexico and a number of individuals have questioned whether DDT is being illegally smuggled into the state. A number of other “prohibited” pesticides were also identified at various monitoring sites.

California Sportfishing Protection Alliance
“An Advocate for Fisheries, Habitat and Water Quality”
3536 Rainier Avenue, Stockton, CA 95204
Tel: 209-464-5067, Fax: 209-464-1028, E: deltakeep@aol.com
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California Sportfishing Protection Alliance (CSPA)
A Brief Overview of the Draft 2007 Review of Monitoring Data, Irrigated Lands Conditional Waiver Program, 17 June 2007
Central Valley Regional Water Quality Control Board

Central Valley Regional Water Quality Control Board staff posted the Revised Draft of the 2007 Review of Monitoring Data for the Irrigated Lands Conditional Waiver Program (Report) on 13 July 2007. It is posted on the Regional Board’s web site at: http://www.waterboards.ca.gov/centralvalley/programs/irrigated_lands/index.html#Monitoring

The Report divides the Central Valley into four zones:
1. Zone 1 includes the Sacramento River Watershed.
2. Zone 2 includes the Delta Region and portions of the San Joaquin, Stanislaus, Calaveras and Mokelumne watersheds.
3. Zone 3 includes the San Joaquin River Watershed.
4. Zone 4 includes the Tulare Lake Basin.

The Report presents the first region-wide assessment of data collected pursuant to the Irrigated Lands Program since its inception in 2003. Monitoring data collected from some 313 sites is identified in the Report. The irrigated lands agricultural coalitions or individual water agencies enrolled under the waiver monitored 148 sites or 47% of the total. The state’s ambient water monitoring program (SWAMP), UC Davis (under contract to the Regional Board) and others monitored the remaining 165 sites.

Monitored constituents included toxicity (fish, zooplankton, phytoplankton and sediment), pesticides (standard suites plus legacy organochlorines), metals (arsenic, boron, copper, lead, nickel and zinc), bacteria/pathogens (E. coli), field parameters (dissolved oxygen, pH, total dissolved solids and/or electrical conductivity) and nutrients (phosphorus and nitrogen containing compounds including phosphate, nitrate and ammonia).

Notwithstanding the structural deficiencies, inaccuracies and bias of the Report (discussed below), it is welcome first step toward identifying and quantifying the impacts of discharges from irrigated lands. It presents an astonishing and depressing mosaic of the pervasive water quality problems in the Central Valley caused by irrigated agriculture. It is a searing indictment of the Regional Board’s failed policy of exempting irrigated agriculture from water quality regulations applicable to virtually every other segment of society.

The frequency and comprehensiveness of monitoring varied significantly from site to site. Where monitored:
1. Toxicity was identified at 63% of the sites and 50% of the sites experienced toxicity to two or more species.
2. Pesticide criterion was exceeded for one or more pesticides at 54% of the sites.
3. One or more metals exceeded water quality criteria in 66% of the monitored sites.
4. Human health criteria for bacteria were exceeded in 87% of the monitored sites.
5. More than 80% of the monitored sites exceeded water quality criteria for general parameters.

The pervasiveness of identified problems is disheartening. For example, 60 of 61 monitoring sites in the San Joaquin Watershed (Zone 3) exceeded at least one parameter. Many sites reported exceedances in virtually all parameters (toxicity, bacteria, metals, pesticides and general parameters). The single site that reported no exceedances in Zone 3 was only monitored a single time for two parameters.

While the Report is a welcome first step in cataloging water quality problems caused be irrigated agriculture, it is needlessly confusing and contains fundamental structural deficiencies and inaccuracies. These include:
1. Lack of a unified and consistent framework for individual zone summaries. Formats, tables and discussion rationales are unique for each zone making it difficult to compare zones.
2. Inconsistency in reported parameters. For example, Zone 2 and 3 summaries reported general parameter exceedances but general parameters were ignored in the Zone 1 and 4 sections. Again, results for metal sampling was discussed in the Zone 2 and 3 summaries but not for Zones 1 and 4. None of the zone summaries discussed nutrient monitoring results.
3. Improperly comparing toxic occurrences at sites to the total number of sites, regardless of whether toxicity was monitored. For example, the Report states that toxicity to algal species was found at 27% of the sites in Zone 1. However, algal toxicity testing in was only conducted at 59 of the 96 monitoring locations in Zone 1. Toxicity to algae was found at 26 of those sites. Consequently, 44.1% of the monitoring sites experienced toxicity to algae, not the 27% incorrectly reported. Another example is sediment toxicity in Zone 2. The Report states that 23% of the sites exhibited sediment toxicity. However, sediment toxicity was only conducted at 31 sites and toxicity was identified at 12 sites, which is actually 38.7% of the sites where sediment toxicity was measured.
4. Improperly comparing the number of exceedances to the total number of tests for a specific parameter in a zone. For example, Zone 1 includes the entire Sacramento Valley. Sampling for dormant spray insecticides would not be expected to result in detections in areas or during periods where they are not applied. Comparing monitoring results of a specific parameter to the total sampling conducted throughout the Sacramento Valley without incorporating temporal and spatial discussions is simply disingenuous. It biases the results and understates potential problems.
5. Failure to discuss the relative importance of water quality criteria exceedances. Aquatic life criteria are established as a not-to-be-exceeded more than once-in-three year standard. More frequent exceedances can result in irreparable harm to the environment. Even a single exceedance of aquatic life criteria for a synthetic or toxic constituent can be statistically significant.
6. The Report ignores sublethal and chronic effects to aquatic ecosystems and the impacts of multiple stressors simultaneously occurring.
7. Failure to place the adequacy of monitoring in context. For example, a number of sites were only monitored a single time for one or few parameters. Results from even the most rigorously monitored sites represent only a brief snapshot of actual ambient conditions. Monitoring six or twelve times a year represents 0.07 % and 0.14% of yearly conditions. Statistically speaking, given minimal monitoring, a single identified exceedance of a synthetic or toxic constituent not naturally occurring in the environment virtually guarantees that numerous undiscovered and undocumented water quality exceedances and/or toxic events actually occurred.
8. Absence of a discussion of whether the agricultural coalitions have complied with mandated requirements of the Irrigated Lands Waiver. The lack of such a discussion prevents any assessment of the adequacy of the monitoring program. For example, none of the coalitions have complied with requirements to monitor all of major drainages, 20% of intermediate drainages on a rotating basis and minor drainages when downstream impacts are identified. Nor does the Report discuss the frequent failure of the coalitions to monitor for all required parameters, comply with data collection protocols and conduct follow up monitoring where water quality exceedances are identified.

Despite these shortcomings, the Report clearly establishes that discharges from agricultural lands are a significant, if not the major contributor, to the shredding to the aquatic biological tapestry throughout the Central Valley. Coupled with the inadequacy of coalition management plans, the Report’s findings chronicle the bankruptcy of the Regional Board’s approach to controlling agricultural pollution. Especially, in light of the fact that the Conditional Waiver precludes the Regional Board from knowing the identity of specific dischargers, actual discharge locations, the constituents being discharged, the volume/concentration of discharged constituents, whether or not BMPs have been implemented or if implemented BMPs are effective. Regulation of the largest source of pollution to Central Valley waterways has been left to the voluntary goodwill of groups of dischargers. Such an approach has never worked in the past and is not likely be successful in the future.

Below is a brief summary of the Report’s findings.

Zone 1 (Sacramento River Watershed)
1. Ninety-six (96) total monitoring locations (many were infrequently monitored or monitored for only one or a few constituents or type of toxicity). Agricultural coalitions monitored 43 sites. UC Davis (under contract with the Regional Board) or SWAMP (state’s Ambient Monitoring Program) monitored 53 or 55% of locations.
2. Toxicity was monitored at 84 sites (a number of sites only monitored for one species and one sampling event). Toxicity was identified at 45 sites or 53.6% of sites where toxicity testing was conducted. Toxicity to two or more species was identified at 16 sites or 35.6% of sites where toxicity was identified.
a. Toxicity tests for fish (Pimephales promelas - fathead minnow) were conducted at 76 sites (many of those had only one or few tests). Toxicity was identified at 6 sites or 7.9% of sites that were monitored for fish toxicity. Report incorrectly states only 6% of sites had fish toxicity.
b. Toxicity tests for zooplankton (Ceriodaphnia dubia - water flea) were conducted at 75 sites (a number of sites only monitored 1 – 3 times). Zooplankton toxicity was identified at 20 sites or 26.6% of the sites that monitored for zooplankton toxicity. Of the sites that identified toxicity, 5 or 25% were toxic more than once. Mortality exceeded 50% in 77% of the toxic events. Report incorrectly states 21% of sites had zooplankton toxicity.
c. Toxicity tests for algae (Selenastrum – algal species) were conducted at 59 sites (number of sites only monitored 2 or 3 times). Algal toxicity was identified at 26 sites or 44.1% of sites that actually monitored for algal toxicity. Of the sites that identified toxicity, 17 or 65.4% were toxic more than once. Mortality was greater than 50% in 29% of the toxic events. Report incorrectly states 27% of sites had algal toxicity
d. Sediment toxicity tests (Hyalella azteca – sediment amphipod) were conducted at 52 sites (27 monitored once, 14 monitored twice). Sediment toxicity was identified at 13 sites or 25% of sites that monitored sediment toxicity. Of the sites that identified toxicity and conducted more than one test, 37.5% were toxic more than once. Report incorrectly states 13.5% of sites had sediment toxicity
3. Bacteria/pathogens (E. coli) were monitored at 33 sites (several had only 1, 2 or 4 samples). Public health limits (235 MPN/100 ml) were exceeded at 28 sites or 84.8% of the sites monitored for bacteria.
4. Pesticides were monitored at 57 sites (many with only 1 or 2 samples). Exceedances were identified at 23 sites or 40.4% of the sites that were monitored for pesticides (numerous sites had exceedances for multiple pesticides).
5. Metal (arsenic, boron, cadmium, copper, lead, nickel, selenium and zinc) results were not reported for Zone 1 because coalitions failed to report hardness data.
6. General parameters (dissolved oxygen, pH, total suspended solids and electrical conductivity) were not reported for Zone 1.
7. The Zone 1 summary contains no information on nutrient monitoring.

Zone 2 (Delta Region and portions of San Joaquin, Stanislaus, Calaveras and Mokelumne watersheds)
1. Fifty-eight (58) total monitoring locations (many were infrequently monitored or monitored for only one or a few constituents or type of toxicity). Agricultural coalitions monitored 29 sites and UC Davis or SWAMP monitored the other 29 locations. Twenty-one percent (21%) of the sites had more than 25 cumulative exceedances of metal, toxicity and general parameter criteria.
2. Toxicity was monitored at 52 sites (a number of sites only monitored for one species and/or one sampling event). Toxicity was identified at 26 sites or 50% of sites where toxicity testing was conducted. Toxicity to two or more species was identified at 14 sites or 53.8%% of sites where toxicity was identified (6 sites or 27% were toxic to 3 or more species).
a. Toxicity tests for fish were conducted at 47 sites (many had only one or few tests). Toxicity was identified at 9 sites or 19.1% of sites that monitored for fish toxicity. Of the sites that identified toxicity, 3 or 33.3% were toxic more than once. Report incorrectly states that 17% of sites exhibited toxicity.
b. Toxicity tests for zooplankton were conducted at 47 sites (a number of sites were only monitored 3 – 4 times). Zooplankton toxicity was identified at 15 sites or 31.9% of the sites that monitored for zooplankton toxicity. Of the sites that identified toxicity, 6 or 42.9% were toxic more than once. Report incorrectly states 28.8% of sites exhibited toxicity to water flea.
c. Toxicity tests for algae were conducted at 37 sites (a number of sites were only monitored 1, 2 or 4 times). Algal toxicity was identified at 12 sites or 32.4% of sites that actually monitored for algae toxicity. Of the sites that identified toxicity, 7 or 58.3% were toxic more than once. Report states that 23% of sites exhibited algae toxicity.
d. Sediment toxicity tests were conducted at 31 sites. Sediment toxicity was identified at 12 sites or 38.7% of sites that monitored sediment toxicity. Of the sites that identified toxicity, 8 or 66.7% were toxic more than once. Report incorrectly states sediment toxicity occurred in 23% of sites.
3. Bacteria/pathogens (E. coli) were monitored at 23 sites. Health-based limits (235 MPN/100 ml) were exceeded at 18 sites or 78.3% of the sites monitored for bacteria (of these, 39% were above 1600 MPN/100 mL). Numerous sites exceeded criteria the majority of the time. For example, Grant Line Canal and French Camp Slough both exceeded criteria in 11 of 14 samples and Lone Tree Creek exceeded criteria in 14 of 16 samples.
4. Metals were monitored at 23 sites. One or more metal exceedances were found at 12 sites or 52.2% of the sites monitored for metals. Several sites had multiple exceedances. For example, Pixley Slough exceeded criteria for copper, lead and zinc 8, 20 and 4 times, respectively. Grant Line Canal exceeded arsenic, copper, lead and nickel 2, 3, 3, and 1 time respectively (out of five tests).
5. Pesticides were monitored at least once at 46 sites. Pesticides exceedances were identified at 28 sites or 60.9% of the sites that monitored for pesticides. Several sites had 30 to 40 exceedances and a number of sites had multiple exceedances of multiple pesticides. Pesticides under Basin Plan prohibition (carbofuran, malathion, methyl parathion and thiobencarb) were detected at 9 sites. Dieldrin is illegal in California but was identified at 4 sites. DDT and it’s degradates DDE and DDD continue to be identified in Zone 2.
6. General parameters (dissolved oxygen, pH, Total suspended solids, electric conductivity) were monitored at 58 sites. Water quality criteria were exceeded for one or more parameters at 49 sites or 84.5% of the sites monitored for general parameters.
7. The summary contains no information on nutrient monitoring.

Zone 3 (San Joaquin River Watershed)
1. Eighty-three (83) total monitoring locations (many were infrequently monitored or monitored for only one or a few constituents or type of toxicity). Agricultural coalitions monitored 46 sites and UC Davis or SWAMP monitored 37 or 46% of locations.
2. Toxicity was monitored at 62 sites (a number of sites only monitored for one species and one sampling event). Toxicity was identified at 47 sites or 75.8% of sites where toxicity testing was conducted. Toxicity to two or more species was identified at 34 sites or 72.3%% of sites where toxicity was identified (16 sites or 34% toxic to 3 or more species).
a. Fish toxicity tests were conducted at 58 sites. Toxicity to fish was identified at 11 sites or 19% of sites monitored for toxicity (Coalition only data shows toxicity at 24.4% of sites). Of the sites that identified toxicity, 2 or 18.1% were toxic more than once.
b. Zooplankton toxicity was analyzed at 58 sites. Toxicity to zooplankton was identified at 34 sites or 59% of the sites monitored for zooplankton toxicity. Complete mortality of 100% was frequent (36 of 61 toxic samples) and the magnitude of toxicity was as high as 22 toxic units. Of the sites that identified toxicity, 15 or 44.1% were toxic more than once.
c. Algal toxicity testing was conducted at 56 sites. Toxicity to algae was identified at 24 sites or 43% of the sites that monitored algal toxicity. Of the sites that identified toxicity, 10 or 41.7% were toxic more than once.
d. Sediment toxicity was analyzed at 51 sites. Toxicity in sediment was identified at 29 sites or 57% of sites that monitored sediment toxicity. Of the sites that identified toxicity, 13 or 44.8% were toxic more than once.
3. Bacteria/pathogens (E. coli) were analyzed at 45 sites. Health-based limits (235 MPN/100 ml) were exceeded at 42 of 45 or 93% of the sites that monitored for bacteria. Of the sites that identified bacteria exceedances, 36 or 85.7% exceeded criteria multiple times.
4. Metal suites were analyzed at 30 sites. Exceedances of one or more criteria occurred at 23 sites or 77% of the sites that monitored for metals.
5. Pesticide suites were analyzed at 44 sites. Exceedances of one or more pesticides were identified at 32 sites or 72.7% of the sites that monitored pesticide suites. Although banned for more than 30 years, DDT was found to be above criteria in 8% of tests and it’s degradates DDE and DDD were identified 14% and 3% of the time, respectively.
6. General Parameters
a. Dissolved oxygen was monitored at 61 sites. Exceedance of the 7mg/L (cold water) was identified at 49 sites or 80% of the sites monitored for dissolved oxygen.
b. pH was monitored at 61 sites. Exceedance of criteria was identified at 26 sites or 42.6% of the sites monitored for pH.
c. Electrical conductivity (salt) was monitored at 61 sites. Exceedance of the 700 µmhos/cm criteria (agricultural goal) was identified at 30 sites or 49% of sites monitored for electrical conductivity.
7. Nutrients were monitored at 62 sites but collected data is neither reported nor discussed.
8. Note: University of California study found measurable concentrations of DDT, DDD or DDE in 90% of sediment samples.

Zone 4 (Tulare Lakes Basin)
1. Seventy-six (76) total monitoring locations (many were infrequently monitored or monitored for only one or a few constituents or type of toxicity). Agricultural coalitions monitored 30 sites. UC Davis, SWAMP or others monitored forty-six or 61% of locations.
2. Toxicity was monitored at 66 sites (a number of sites only monitored for one species and/or one sampling event). Toxicity was identified at 49 sites or 77.2% of sites where toxicity testing was conducted. Toxicity to two or more species was identified at 20 sites or 40.8%% of sites where toxicity was identified.
a. Fish toxicity testing conducted at 57 sites. Toxicity to fish identified at 19 sites or 33.3% of sites monitored for fish toxicity. Of the sites that identified toxicity, 3 or 15.8% were toxic more than once.
b. Zooplankton toxicity testing conducted at 57 sites. Toxicity to zooplankton identified at 8 site or 14% of sites monitored for zooplankton. Of the sites that identified toxicity, 1 or 12.5% were toxic more than once.
c. Algal toxicity testing was conducted at 57 sites. Algal toxicity was identified at 33 sites or 57.9% of sites monitored for algae toxicity. Of the sites that identified toxicity, 24 or 72.7% were toxic more than once.
d. Sediment toxicity was analyzed at 39 sites (majority of sites only tested 1 or 2 times). Sediment toxicity was identified at 16 sites or 41% of sites monitored for sediment toxicity. Of the sites that identified toxicity, 3 or 18.8% were toxic more than once.
3. Pesticides were monitored at 30 sites. Exceedances of one or more pesticide criteria were identified at 13 sites or 43% of sites monitored for pesticides. Prohibited pesticides or DDT/degradates were detected above criteria at 7 sites (23% of monitored sites).
4. There is no information in the Report on bacteria/pathogen monitoring.
5. Metals were monitored at 28 sites. However, results for metal testing were not disclosed in the Report.
6. There is no information presented on general parameters other than the observation that electrical conductivity limits were exceeded at 13 locations.
7. The Report contains no information on nutrient monitoring.

Summary: Central Valley

1. There were a total of 313 monitoring sites in the Central Valley. Coalitions monitored 148 locations. UC Davis, SWAMP or others monitored 165 sites or 53% of the total monitored sites.
2. Toxicity was monitored at 264 sites (a number of sites only monitored for one species and/or one sampling event). Toxicity was identified at 167 sites or 63.3% of sites where toxicity testing was conducted. Toxicity to two or more species was identified at 84 sites or 50.3%% of sites where toxicity was identified.
a. Fish toxicity was identified at 45 of 238 sites or 18.9% of the sites where fish toxicity was monitored.
b. Toxicity to zooplankton was identified at 54 of 237 sites or 22.8% of the sites where zooplankton toxicity was monitored.
c. Toxicity to Algae species was identified at 95 of 209 sites or 45.5% of the sites where algal toxicity was monitored.
d. Sediment toxicity was found at 70 of 173 sites or 40.5% of sites where sediment toxicity was monitored.
3. One or more pesticides exceedances were found at 96 of 177 sites or 54.2% of the sites where pesticide suites were monitored.
4. Metal results were not reported for Zones 1 and 4. Zones 2 and 3 reported metal exceedances at 35 of 53 sites or 66% of the sites where metals were monitored.
5. Exceedance of human health criteria for bacteria/pathogens (E. coli) was identified at 88 of 101 sites or 87% of the sites where bacteria was monitored. Most of the sites had numerous violations.
6. General parameters were not reported for Zones 1 and 4. Zones 2 and 3 reported exceedance of one or more general parameters at 84.5% and 88.5% of sites, respectively.
7. There was no reporting or discussion of nutrient data with the exception Table Z3-1 for Zone 3 that reveals that nutrient monitoring was conducted at 62 sites.

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Conservation groups' letter to the Governor in defense of CEQA

Submitted: Jul 25, 2007

For Immediate Release, July 24, 2007

Contacts:
Brian Nowicki
Center for Biological Diversity
bnowicki@biologicaldiversity.org, 520-449-3898
Others

For Immediate Release, July 24, 2007

Conservation Groups Call on Governor Schwarzenegger to Stand Up for Global Warming Law:
Senate Republicans Hold State Budget Hostage to Favors for Development and Fossil-Fuels Lobby

SACRAMENTO, Calif.— Conservation groups called on Governor Schwarzenegger today to publicly oppose efforts by the Republican minority in the California State Senate to exempt greenhouse gas emissions from environmental review under the California Environmental Quality Act.

“California’s budget bill is currently being held hostage by a small minority of senators trying to force the majority into accepting a measure to exempt new projects from CEQA’s requirement to analyze and reduce greenhouse gas emissions. We ask that you speak out publicly against this and any future attempts to roll back California’s efforts to fight global warming,” read the letter.

The California Environmental Quality Act, a bedrock state environmental law, requires all state and local agencies to assess and reduce significant environmental impacts from new developments and other projects. The California Attorney General and many conservation organizations have sought to hold agencies and project applicants accountable for compliance with respect to greenhouse gas emissions.

On June 21, 2007, the California Building Industry Association, Western States Petroleum Association, and other fossil-fuel interest groups sent a letter to the governor and the state legislature seeking an “administrative or legislative remedy” to exempt the greenhouse gas emissions of developments and other projects from review under the Act.

On Friday, July 20, after the state assembly passed a budget bill and sent it to the Senate, Senate Republican leader Dick Ackerman halted passage of the bill and set out a number of demands, including a provision to exempt developments and other projects from review of greenhouse gases. Such a measure is completely inappropriate for the budget bill and being introduced in an insidious, back-door fashion to forestall public outcry and legislative debate.

After an all-night session through Saturday morning, Senate President Pro-Tem Don Perata adjourned the Senate until Wednesday, with instructions to Senate Republicans to provide a unified list of demands for the passage of the budget. It is uncertain whether the California Environmental Quality Act exemption for greenhouse gases will be part of this list of demands.

California is a national leader in efforts to fight global warming, and the California Environmental Quality Act is prominent among the laws and policies that are addressing greenhouse gas pollution. Other critically important laws and policies include the California Global Warming Solutions Act, which requires California to reduce overall greenhouse gas emissions to 1990 levels by 2020, and Executive Order S-3-05, which sets a goal of reaching emissions 80 percent below 1990 levels by 2050.

The groups’ letter to the governor is attached.

July 24, 2007
Honorable Arnold Schwarzenegger
Governor
State of California
State Capitol Building
Sacramento, CA 95814

Dear Governor Schwarzenegger,

We ask that you issue a public statement of opposition to the current minority attempt in the California state Senate to eliminate the California Environmental Quality Act process to analyze and reduce greenhouse gas emissions.

The State of California has long been a champion of environmental protection and is the undisputed leader in climate change policy nationally. The California Environmental Quality Act (CEQA), our state’s flagship environmental law, is a key component of the suite of laws and policies already on the books to reduce greenhouse gas emissions in our state. CEQA provides an established system with a proven track record of assessing and reducing the significant adverse environmental impacts of new projects. Greenhouse gas emissions are among the most important of such impacts that CEQA addresses.

California’s budget bill is currently being held hostage by a small minority of Senators trying to force the majority into accepting a measure to exempt new projects from CEQA’s requirement to analyze and reduce greenhouse gas emissions. We ask that you speak out publicly against this outrageous demand and any other attempt to roll back California’s efforts to fight global warming.

CEQA requires all state and local agencies to assess and reduce, to the extent feasible, all significant environmental impacts from new project approvals. The CEQAenvironmental review process is fully established throughout the state, with a proventrack record of ameliorating impacts relating to air pollution, water quality andavailability, land use, endangered species, and many other aspects of California’s
environment. This process represents a wonderful opportunity, and also a legal mandate, for cities, counties, and other agencies to consider the greenhouse gas emissions from new projects they approve and then to adopt the many measures readily available to reduce those emissions. While the passage of the California Global Warming Solutions Act certainly heightens the urgency of ensuring CEQA compliance, state and local
agencies’ legal obligations under CEQA with regard to greenhouse gas emissions predate and are separate from and complementary to the new mandates.

The California Attorney General, many of our organizations, and others have sought to hold agencies and project proponents accountable for compliance with this bedrock environmental law with respect to greenhouse gas emissions. Faced with the irrefutable argument that agencies must assess and reduce greenhouse gas emissions to the extent feasible in the CEQA process, a number of special interests are now seeking to eliminate CEQA’s requirements with regard to greenhouse gas emissions.

The June 21, 2007 letter you received from the California Building Industry Association, Western States Petroleum Association, and other industry groups completely misrepresented efforts to enforce CEQA as efforts “to implement AB 32 (The Global Warming Solutions Act) and Gubernatorial Executive Order S-3-05,” and sought an “administrative or legislative remedy” to exempt greenhouse gas emissions from CEQA.

To suggest that efforts to implement and enforce an existing law such as CEQA, constitute premature enforcement of the Global Warming Solutions Act is disingenuous. While the Global Warming Solutions Act is a critical component of the state’s efforts to address greenhouse gas pollution, the statute states repeatedly that it does not excuse compliance with any existing law to reduce greenhouse gas emissions or protect the
environment. See, e.g., Cal. Health and Safety Code §§ 38592(b), 38598.

Scientists tell us that greenhouse gas pollution must be slashed eighty percent or more by mid-century to avoid disastrous climate change. Your Executive Order to reduce California emissions to 80% below 1990 levels by 2050 is consistent with this mandate. But actually reaching the targets identified by scientists, your Executive Order and the California Global Warming Solutions Act will be challenging. To succeed we
must get started immediately and pursue all possible avenues. To this end, California is fortunate to have CEQA, which provides one of the most promising and important means of reducing greenhouse gas emissions from new development and other projects. With California’s population projected to approximately double by mid century, we must improve the way we grow in order to actually achieve the pollution reductions we need to preserve the environment and our quality of life.

During the budget bill crisis of the past few days, special interests opposed to regulation of greenhouse gases attempted to insert a provision into the budget bill to exempt greenhouse gas emissions from new development and other projects from CEQA review. It is possible that this item will be presented once again when the Senate reconvenes this Wednesday.

We ask that you publicly oppose this bald attempt to roll back California’s efforts to fight global warming. As governor, you have demonstrated leadership in fighting global warming, including the issuance of Executive Order S-3-05. We ask that you continue that commitment now by releasing a public statement of opposition to this and any legislative efforts to undermine efforts like Executive Order S-03-05, the California Global Warming Solutions Act, and CEQA, to induce real actions and changes in the fight against global warming. A statement from you would help clarify that attacks against these efforts are working against the interests of the state of California, and against the commitment the state has made to fighting global warming.

Considering the growing impacts and risks of global warming to the environment, the economy, and public health, the benefits existing law can provide to California and the world in reducing greenhouse gas emissions from new projects are tremendous. Full CEQA enforcement with respect to greenhouse gas emissions deserves your full support and enthusiastic endorsement.

We thank you for your leadership in addressing the climate crisis, and look forward to working with you and your staff on this critically important issue.

Sincerely,

Adrienne Bloch
Senior Attorney
Communities for a Better Environment

Michael E. Boyd
President
Californians for Renewable Energy, Inc. (CARE)

Ingrid Brostrom
Center on Race, Poverty & the Environment

Stuart Cohen
Executive Director
Transportation and Land Use Coalition (TALC)

Kim Delfino
California Program Director
Defenders of Wildlife

Drew Feldman
San Bernardino Valley Audubon Society

Susan Frank
President & CEO
Steven and Michele Kirsch Foundation

Garry George
Executive Director
Los Angeles Audubon

David Gordon
Executive Director
Pacific Environment

Ralph Salisbury, Chair
Sierra Club, San Gorgonio Chapter

Bill Hatch
San Joaquin Valley Conservancy

Tam Hunt
Energy Program Director / Attorney
Community Environmental Council

Dan Jacobson
Legislative Director
Environment California

Linda Krop
Chief Counsel
Environmental Defense Center

Paul Mason
Sierra Club California

Lydia Miller, President
San Joaquin Raptor Rescue Center

Brian Nowicki
Center for Biological Diversity

Gary A. Patton
Executive Director
Planning and Conservation League

Michelle Passero
Director of Policy Initiatives
The Pacific Forest Trust

Nancy Rader
Executive Director
California Wind Energy Association

Robert Ryland
Central Valley Safe Environment Network
(CVSEN)

Scott Smithline
Director of Legal and Regulatory Affairs
Californians Against Waste

Ms. Gabriel Solmer, Esq.
Legal Director
San Diego Coastkeeper

V. John White
Clean Power Campaign

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Badlands replies to Commissioner Lashbrook's information and commentary

Submitted: Jul 24, 2007

To: Merced County Planning Commissioner Lashbrook

Thank you for your letter and the OTA press release. In the attachment you will find our reply.

Central Valley Safe Environment Network
San Joaquin Raptor/Wildlife Rescue Center
Protect Our Water
San Joaquin Valley Conservancy
Stanislaus Natural Heritage Project
Badlands Journal

Badlands replies to Commissioner Lashbrook’s information and commentary
July 21st, 2007

“We are looking for a niche,” said (Merced County Planning Commissioner) Cindy Lashbrook,
a Merced County organic farmer who grows blueberries and almonds near Livingston. “We’re
looking to be legitimized, in a way.” — Merced Sun-Star, July 12, 2007

“The word (organics) has been sullied.” Ted Simon, author, retired organic producer/distributor, Covelo CA, July 22, 2007

Badlands would like to thank Merced County Planning Commissioner Cindy Lashbrook for providing us with a letter of commentary and a press release yesterday. We have printed her correspondence in full except for the name of the neutral party to whom a copy was sent. These people have had no part in the dialogue. We are grateful for the opportunity Lashbrook has offered to continue this public dialogue. It is about important matters.

Following Lashbrook’s letter and the Organic Trade Association press release, the editorial staff will have a few comments. in reply.
———————-

For Bill Hatch: Farm Bill Update: House Agriculture Committee Advances Organic Agriculture‎
From: Riverdance Farms (riverdancefarms@clearwire.net)
Sent: Fri 7/20/07 2:48 PM
To: ‘William Hatch’
Cc: XXXXXXXX

Hi Bill, These are the things we were in DC lobbying for, not the imaginary subsidies you pulled out of the vapors. Looks like some of the attention worked. By the way, I am on the Board of CCOF only to keep the voice of small-to-medium-sized family farmers and the original intent of the organic community in the discussion and mission of California Certified Organic Farmers. Why don’t you interview someone involved before writing your stories? When did you give up on being a journalist? Is it permanent? Hope not…
I look forward to the day when you’ll be able to look me in the eye again; Doors are never fully closed. Cindy
PS I forward my writings on to another party (neutral?) as I send them to you folks so that, when later twisted, there is a record.
—————————–

Agriculture Committee Endorses Aid for Organic Farmers
OTA Executive Director Says Proposals Vital for Continued Growth of Industry
WASHINGTON, D.C. (July 20, 2007) – The executive director of the Organic Trade Association (OTA) today thanked the members of the House Agriculture Committee for including key provisions in the 2007 Farm Bill that will help the organic industry continue to meet growing consumer demand for organic products.
“I am delighted with the support organic agriculture is receiving in this Farm Bill,” said OTA executive director Caren Wilcox. “The House Agriculture Committee included important provisions that will fund expanded research into organic production, direct USDA to provide timely domestic and international market data on organic crops, and instruct companies selling crop insurance to provide equitable products to organic farmers.”
Wilcox thanked Rep. Kirsten Gillibrand for her leadership in establishing a program to provide cost share certification and technical assistance for farmers making the transition to organic production. Gillibrand’s amendment authorizes $50 million to provide farmers with the mentoring and technical expertise required to transition land from conventional to organic production. Transitioning land to organic production is a
three-year process.
Wilcox praised the leadership of Committee Chairman Collin Peterson. “Organic farmers across the country owe the chairman a thank you for putting the needs of the organic industry into this Farm Bill. We are also grateful for the commitment of Dennis Cardoza, chairman of the Subcommittee on Horticulture and Organic. We appreciate all that Chairman Cardoza has done to highlight organic agriculture and to work with us on
improving the safety net for organic agriculture.”
In addition to the Gillibrand amendment, key provisions for organic agriculture in the 2007 Farm Bill include:
1. Eliminating or reducing the 5% organic premium for crop insurance and providing compensation for crop loss at the actual price of the organic crop. Currently, compensation is provided at the price of the conventional crop. In addition, the Federal Crop Insurance Corporation (FCIC) would be required to submit an annual report to Congress detailing progress made in developing and improving federal crop insurance for organic crops.
2. $22 million to help farmers pay for organic certification. The certification cost-share program would provide up to $750 per farmer, increased from the current $500, to help cover the costs of organic certification. Farmland is deemed organic by USDA accredited certifiers.
3. $3 million for organic price and production data. USDA collects reams of data on agriculture prices and production, and will now include data on organic prices and production. In addition, information will be used to analyze crop loss data for organic production – leading to better risk management tools for organic producers.
4. Extending the Organic Research and Extension Initiative to examine optimal conservation and environmental outcomes for organically produced agricultural products, and to develop new and improved seed varieties that are particularly suited for organic agriculture. The committee authorized $25 million per year for each fiscal year through 2012.
5. The committee also included language making loans for water and soil projects to organic producers a priority, and permitted organic transition to begin at the end of CRP (Conservation Reserve Program) and gave recognition for organic farmers to have access to EQIP (Environmental Quality Incentives Program) Conservation Innovation grants. Each fiscal year, $5 million will be used for outreach to organic and specialty crop producers.
Wilcox also thanked Rep. Steve Kagen who spearheaded an effort to increase funding for organic research commensurate with the organic percentage of the marketplace. Currently, organic represents 3% of the agriculture market; Kagen proposed spending 3% of the research budget on organic research initiatives.
The House of Representatives is expected to consider the 2007 Farm Bill next week, and OTA is recommending support for the bill.
Organic Trade Association
P.O. Box 547 Greenfield, MA 01302
www.ota.com
————---

Our comments:

At last week’s East Merced Resource Conservation District meeting, the president brought a Costco newsletter featuring the Goodmans, handsome owners of Earthbound Farm, an organic produce corporation based in San Benito County. Earthbound was implicated in the E. coli outbreak last September that killed three and sicked several hundred. The company is the epitome of what has gone horribly wrong with organic produce production. In the EMRCD meeting, Lashbrook defended the couple, who she said she knows, as being legitimate organic growers. The chairman of the board of directors of the California Certified
Organic Farmers, on which Lashbrook sits, is Will Daniels of Earthbound Farm. Natural Selection Foods, the parent company of Earthbound Farm, is one-third owned by Salinas-based Tanimura & Antle, the largest fresh produce operation in the nation.

Getting on to the good news on the Farm Bill, rather than sending us an actual news report from a newspaper, Lashbrook sent us a press release from the Organic Trade Association. The president of OTA is Jesse Singerman of Prairie Ventures, Inc., a venture capital firm in Iowa City. The USA vice president is Julia Sabin, a Smucker executive. OTA’s Canadian vice president is Dag Falck of Nature’s Path Foods, Inc., an organic grain corporation marketing snacks, breakfast foods and pastas in 46 countries.

The actual news on the Farm Bill is far more ambiguous than the OTA press release would suggest. We will deal with that news in a later posting because it is a separate story in itself, beginning with question if the whole debate is not a sideshow concealing lethal amendments to the Iraq appropriations bill that drive us closer to war with Iran.

However, let us see how the Farm Bill, in its present form, is helping Lashbrook’s “small-to-medium-sized family farmers and the original intent of the organic community.”

1. Crop insurance. Badlands interviewed four people long known to the staff to be deeply committed to the original intent of organic gardening and farming. Betsy Bruneau is Secretary/Treasurer, Ecology Action; and Co-Manager, Ecology Action’s Bountiful Gardens International Mail-Order Service. Willits-based Ecology Action has been researching, teaching and publicizing biointensive organic gardening for about 30 years. Bruneau could not think of any customers of Bountiful Gardens who had crop insurance. One of her co-workers, a longtime organic farmer, said he hadn’t heard of it either. Both suggested we try to get in touch with large growers, which we weren’t able to do. Tom Paley, owner of Covelo Organic Vegetables, said he doesn’t have crop insurance and doesn’t know any organic growers who do. Ted Simon, retired organic farmer from Covelo, thought the idea was ridiculous.

2. Public funds to partially subsidize USDA organic certification. This one reminded us of the madman in the clown suit on TV selling his book on federal government grants. As growers who actually make a living selling at farmers markets and by community supported agriculture (CSA) repeat, it is your reputation with customers you know and who are your neighbors that is the backbone of the organic gardening/farming community. That connection and reputation were there before the multi-national corporations and will be there after organo-agribusiness corporations have folded.

Many fully organic small farmers don’t bother getting certified at all. Their customers trust their produce because they know how it is grown and by whom.

“Growing a bunch of stuff without chemicals is supposed to be organic?” Simon asked.”Their customers don’t have any connection with the people who grow their food. How many workers in these vast corporations aren’t indoctrinated in organics as we know it and just do what their bosses tell them to do? The word has been sullied.”

Simon added that his favorite perversion was in Tasmania, where natural forests were being cut down to provide growing land for mega-organic corporations when he last visited.

3. $3 million for organic price and production data. How would anyone know enough about organic prices and production to be able to assert before Congress the size and monetary value of their industry if it weren’t for the market reporting the USDA already does, and has been doing for some years, on organics? A Google search will generate more information than most readers have time for on the first page. Somehow, the organics industry has managed to grow to its present size, buying and selling, wholesale and retail, activities that would suggest that somehow supply and demand created prices in a real market.

Items #4 and #5 seemed to us to fall within the realm of underground grammarian Richard Mitchell’s “Less Than Words Can Say.” However, if one were to risk interpretation, #4 looks like a $125-million subsidy to land grant universities like University of California, and #5 looks like a $25-million pad to the USDA budget. We wonder how long it will be before a genetically engineered organic seed is created by our wonderful
agricultural research establishment for the organic agribusiness trade.

Although Commissioner Lashbrook addresses her contradictory statements to one member of the Badlands editorial staff, our reply to her is a collective effort, as usual. If we may be permitted one more observation, we notice that this county planning commissioner has a habit of treating her positions on a number of public and private boards and commissions, and of treating public funds, as opportunities for self-promotion and
self-dealing. We are pretty sure she actually doesn’t know what she’s doing. (See “Central Valley Safe Environment Network reply to a Merced County Planning Commissioner,” Badlandsjournal.com, July 10th, 2007)

Another fine product of UC/Great Valley Center “leadership” training, Lashbrook has emerged in public life as a bully who harasses and intimidates the public:

I look forward to the day when you’ll be able to look me in the eye again; Doors are never fully closed. Cindy
PS I forward my writings on to another party (neutral?) as I send them to you folks so that, when later twisted, there is a record.

We have entered several meetings in recent weeks where Lashbrook operated as either a board member, a staffer, or both. She has insulted us and concealed public documents from the public. We oppose a grant proposal for public funds that would provide staff salaries for, among others, Cindy Lashbrook. She has declared political war on us because we stand in the way of her agenda and money.

This business of bringing in others, who knows nothing about this controversy but are associates of ours, is a hostile abuse of public position to victimize the innocent. This county planning commissioner cannot control her emotions when opposed in public on public issues. She has turned into a politician whose primary mode of operation is the vendetta. She has now come up against people who do look her in the eye, look at what she does, look at her paper trail, and don’t blink. She has seen us do this repeatedly through the years and she has benefitted from our work. The only surprise here in Lashbrook’s behavior.

Evidently, the county political class, in promoting Lashbrook, was attempting a political bargain-basement two-fer — someone they thought would be acceptable to both environmentalists and agriculture, meanwhile doing the bidding of the political class. It is evidence of how deeply these political leaders have sunk under the influence of finance, insurance and real estate special interests, that they are now so far out of contact with their constituencies that they promoted someone largely unacceptable to either environmentalists or agriculture who, moreover, is incapable of successfully manipulating environmentalists or agriculture into supporting the agenda of finance, insurance and real estate.

CENTRAL VALLEY SAFE ENVIRONMENT NETWORK
MISSION STATEMENT
Central Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of “Eco-Justice” — the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the
protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers,
ranchers, city dwellers, environmentalists, ethnic, political, and religious groups, and other stakeholders.

With gratitude to Commissioner Lashbrook for providing another opportunity for dialogue,

Central Valley Safe Environment Network
San Joaquin Raptor/Wildlife Rescue Center
Protect Our Water
San Joaquin Valley Conservancy
Stanislaus Natural Heritage Project
Badlands Journal
———————
Spinach Cycle
Latest E. coli outbreak should prompt rethink of industrial agriculture
Grist:Environmental news and commentary
By Tom Philpott
21 Sep 2006
http://www.grist.org/comments/food/2006/09/21/E-coli/index.html

For the ninth time since 1995, California’s Salinas Valley — the “nation’s salad bowl” — has been implicated in an E. coli scare involving salad greens. I write this, no definitive explanation has emerged for the latest outbreak, this one involving pre-washed, bagged spinach. But while the feds haven’t yet figured out how the spinach supply became tainted, they have pointed to a specific company: Natural Selection Foods, the nation’s largest pre-bagged spinach distributor, which runs a major processing plant in San Juan Bautista, near Salinas Valley. The company sells spinach under the Earthbound Farm label — a ubiquitous organic brand — as well as 33 others…Natural Selection Foods buys, processes, and packs salad greens for such giants as Dole, Trader Joe’s, and Sysco, among others. The company’s Earthbound Farm brand boasts on its website that it produces “[m]ore than 7 out of 10 organic salads sold in grocery stores” in the U.S. In
1999, Salinas-based Tanimura & Antle, the largest U.S. fresh-vegetable grower and shipper, with 40,000 acres under cultivation in the United States and Mexico, bought a 33 percent stake in Natural Selection/Earthbound…I can see why pre-washed salad greens have grown into a $4 billion industry since 1986, when Earthbound Farm first sorted out the technology for keeping them fresh. It’s undeniably tempting to pluck a sealed bag of uniform greens from the supermarket counter and dump it right into the salad bowl, ready for a lashing of pre-made salad dressing. But in doing so, you’re making huge demands on
the environment. Even assuming organic production, consider that California salad greens consumed on the East Coast must be trucked across the continent and kept cool at a constant 36 degrees Fahrenheit. “At least given the fuel burned to get it to my table,” Michael Pollan writes in The Omnivore’s Dilemma, “there’s little reason to think my Earthbound salad mix is any more sustainable than a conventional salad.” Also, as someone who grows salad greens commercially on a micro-scale, I can state bluntly that pre-bagged
greens from mega-farms have zero flavor compared to the mixes small growers are producing for their local markets. One factor may be freshness. The California greens currently under recall include packages with sell-by dates of Oct. 1. Most small-scale greens growers I know distribute their product directly to customers within a day or two of picking. Finally, given the industry’s (and the federal government’s) inability to stop
deadly E. coli outbreaks from within the nation’s industrial-salad capital, our obsession with convenience bears a significant health risk. The wisest strategy for consumers might be to buy greens in season from a nearby grower whose practices you trust — or, if possible, to grow your own…

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Greased pig contest in Congress

Submitted: Jul 22, 2007

We rodeo fans down here in the San Joaquin Valley have had a ball for the last 10 days watching representatives debate the Farm Bill. McClatchy gave us minute-by-minute coverage of this greased pig contest, featuring Rep. Dennis Cardoza, D-Merced, the fellow with the big 18-CA on his back. Cardoza was moving real good after them squealing, greased porkers. Boy’s got some moves in him we hadn’t seen before.

Cardoza put on a diverting performance on behalf of fruit and vegetables, while cotton, corn and dairy interests in his congressional district dod just fine in the new Farm Bill. Cardoza established himself as a good Nancy Boy, saved subsidies for his largest contributors, and “reached out” to the fruit, nut and organic communities. At least as far as McClatchy is concerned, the senior Valley Democrat was very successful. He is portrayed in their pages in the arena under the floodlights with a firm grip on the hind leg of a porker and defending it with snarling sound bites, like a real cowboy.

In fact, calmer voices than McClatchy see the bill as being just about the same except that the big commodity subsidies have actually increased.

You can almost hear the rodeo announcer saying “Ol’ Number 18 outta Merced, California has got a grip on a leg and if it don’t slip, maybe the fruits and vegetables and nuts and organics will get something. All he’s got to do is hang on to the greasy little trotter for … how long? Until the Republicans and big commodity Democrats chop up the bill, gut the provisions he fought for willingly? But ol’ Number 18 is showing some style out there in the arena.”

This is the kind of suspense that makes good rodeo.

In fact, Cardoza’s efforts on behalf of the interests represented by the subcommittee specialty crops he chairs, seen in light of his history, are total, hypocritical bunk. The communications director for the Blue Dogs advocating for organics? The old' Shrimp Slayer, who teamed up with former Rep. Richard Pombo, to try to gut the Endangered Species Act? But, we give him high marks for a fine performance as the Rodeo Clown in this porcine divertissement confected by the Speaker.

Letting all them porkers loose in the House for a couple of weeks put everybody in a fun-loving, all-American cowboy mood, and very few of those discouraging I-words (Iraq, Iran and Impeachment) were heard.

Meanwhile, back at the ranch, the president signed “Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq.” It appears to be a monarchial order of attainder against certain persons deemed by the administration to be fomenting or supporting violence against the Iraq government and hampering the peaceful development of that nation.

Liberty loving rodeo fans might find the “Persons” a mite vaguely defined for their tastes.

Although agriculture has recently been through an unseemly moment on the Farm Bill, there are a great many generous farmers in America who regularly contribute food through charitable foundations to foreign countries. If shipments get hijacked by groups defined as “evil doers” by the Bushies, these generous farmers could find themselves up a murky creek. So, make sure you hedge your contributions to the faith-based food charity of your choice with contributions to candidates of your president's choice.

Attainder: Extinction of the civil rights and capacities of a person upon sentenc of death or outlawry, usually after a conviction of treason.
-- Webster's Ninth New Collegiate Dictionary

The Constitution (Article III, Section 3, states:

1) Treason — Definition and Conviction: Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
2) Punishment: The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Neither the two witnesses, the overt act (in fact any act—suspicion will do) or the open court appear to be contemplated in the president’s executive order. Although the property blocking at first seems like a financial inconvenience, reading further the order begins to look like a declaration of outlawry — a very severe ban and set of restrictions. The order also neglects mention of the doer “of violence threatening the peace and stability of Iraq and undermining efforts to promote economic reconstruction and political reform in Iraq and to provide humanitarian assistance to the Iraqi people …” who invaded under false pretenses concerning the existence of weapons of mass destruction. The ensuing four-year-old undeclared war has “violently” killed 3,636 US troops, wounded an estimated 23,000-100,000 US troops, and killed between 68,000 and 74,336 reported Iraqi civilians — setting aside the carnage in Afghanistan.

While the president continues to prolong our Pogo moment (”We have met the enemy and he is us”), the Senate unanimously passed an amendment concerning Iran by Sen. Joe Leiberman, I-CT, which increases the danger of war with Iran.

We the People demand to be amused. We bought the ticket, after all. But, it appears the ticket we bought was for a one-way trip back to the Dark Ages in search of the last gob of grease.

Bill Hatch
—————————

“Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq,” White House Office of the Press Secretary, July 17, 2007
http://www.whitehouse.gov/
(or http://www.counterpunch.com/ “Counterpunch Diary, Alexander Cockburn," July 21/22.)

Lieberman Leads Senate One Step Closer to Repeating History in Iran
R.J. Eskow
Huffington Post, NY - Jul 13, 2007
http://www.huffingtonpost.com/rj-eskow/lieberman-lays-the-ground_b_56093.html

http://www.iraqbodycount.org/

7-21-07
San Francisco Chronicle
Pelosi takes heat for OK of farm bill…Carolyn Lochhead
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/21/MNGDFR4M9M1.DTL

7-19-07
Washington Post
Farm Bill leaves some subsidies…Dan Morgan
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/18/AR2007071802531.html

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Hun talks on water

Submitted: Jul 18, 2007
"There's no better place in California to illustrate the water crisis happening right now
in our state," the governor said (standing on the shores of the San Luis Reservoir in
Merced County
) -- Merced Sun-Star, July 17, 2007

No, Governor, the state does not have a water crisis. It has a population crisis: the natural resources -- land, water, air -- can no longer carry the population in a healthy way. Puppet governors like you call it a water crisis in drought years (quite common in California) and an air pollution crisis because of urban sprawl in Central California, particularly the San Joaquin Valley. We also have a financial crisis in the north San Joaquin Valley caused by urban development "led" by local government: the northern three counties now lead the nation in per capita mortgage foreclosures.

The second worst air pollution area in the nation is in the most rapidly growing part of Southern California -- more dependent than ever on water from the San Joaquin Delta.

You cannot fix the levees in the Delta. You can't stop the overpumping from the Delta that is now extirpating aquatic species. You can't control snow and rain. You cannot improve air quality and slow the increase of asthma for children and the elderly. You cannot stop the extinction of wildlife species. You cannot improve the quality or quantity of groundwater.

So, now you propose that the people of California indebt themselves another $6 billion on top of the billions the state has already been indebted by governors and the Legislature since January 2001, when the state had a $12-billion surplus? To build two storage dams and a peripheral canal around the Delta?

You want to build Temperance Flats Dam above the Friant Dam on the San Joaquin, which would wreck the San Joaquin River settlement that would permit the river to once again flow through 60 miles of riverbed that has been dry sand for 50 years? For what? For the developers of Oakhurst? For a new Temperance-Kern Canal? So that Fresno can expand up the Sierra to 7,000 feet?

You come down to the land of subsidized cotton and bemoan the lack of subsidized water, meanwhile proposing to stop the state subvention of Williamson Act contracts for property-tax relief for farmers. Do you have any idea how much land in farming will be sold for real estate if that plan is realized? Probably, you do, and finance, insurance and real estate special interests, whose puppet you are, have told you to break the back of agriculture so that it will no longer compete with municipal and industrial water demand. Incidently, you will destroy what's left of wildlife habitat in the process.

Do you also support selling San Luis Reservoir to Westlands Water District? How about finally building the San Luis Drain so that all the selenium-rich agricultural drainage can flow into the Delta to feed its species and improve its drinking water?

How much Wall Street money does it take to make another snowflake? A peripheral canal around the Delta won't add water. Because the government refuses to fix the levees, you propose to create this bypass to lower the flow of fresh water through the Delta so that Los Angeles can still get fresh water, Southern California can still keep growing and the salt water flows up the Delta to Sacramento?

Finance, insurance and real estate speculators have made fools out of federal government. Increased off-stream water storage in California means -- as do more highways -- more growth, the destruction of more natural resources including air and water, and more risk to public health and safety for residents.

And what is our return for supporting policies designed by finance, insurance and real estate lobbyists? Better education? Better jobs? Better health care? Better quality of life? A better environment? More culture? More leisure? Better government? Cleaner air? More water?

No, but we get more comedy. We get to see another Big Shot from Hollywood make a fool out of himself while trying to make fools out of all of us. If California really is in the weather condition water people are describing as "La Nada" and the drought does continue, we look forward to seeing you trying to seed clouds over the Sierra with Wall Street dollars and the ash from your expensive cigars.

Bill Hatch
---------------------

7-17-07
Merced Sun-Star
Governor in county to float $5.9B water bond...Michael G. Mooney, Modesto Bee
http://www.mercedsunstar.com/local/story/13796789p-14375417c.html

With a depleted San Luis Reservoir at his back, Gov. Schwarzenegger touted his $5.9 billion comprehensive water plan Monday, saying California must have more storage and new delivery systems. "There's no better place in California to illustrate the water crisis happening right now in our state," the governor said. ...the reservoir, which serves as a giant holding tank for San Joaquin-Sacramento Delta water bound for Central Valley farmers and Southern California city dwellers...state Department of Water Resources, which operates the federally constructed reservoir, said capacity was at 21 percent, or about 424,000 acre feet of water. "That's very low," the spokesman said, "even for this time of year." The reservoir normally is drawn down during summer months to provide irrigation for thousands of acres of farmland, as well as 25 million Californians. This year's draw-down is more problematic, however, because of the dry winter and persistent
droughtlike conditions the state is experiencing. Last month's nine-day shutdown of delta water pumping stations near Tracy exacerbated the situation. Without the pumps pushing water through the California Aqueduct, there was less available to divert into the reservoir — a vital cog in the state's complex water storage and conveyance system. Additionally, water districts in Sonoma and Santa Cruz counties have initiated mandatory water rationing. The governor's plan would provide:
About $4.5 billion to develop new surface and underground water storage.
Another $1 billion to rebuild aging delta levees and new delivery systems such as a new
peripheral canal project.
About $450 million for a variety of projects, including restoration and new conservation
programs.
Senate leader Don Perata, D-Oakland, said he supports putting a bond measure on the 2008 ballot to fund water supply and conveyance projects. But under Perata's plan, the state's different regions would have the authority to select which projects to pursue with the money...the measure would dovetail with legislation already authored by Perata, SB 1002, which would use money from recently approved state bonds to protect the delta and boost groundwater supplies. "Rather than re-living the water wars of the past over false
choices like dams and canals," Perata said in a statement issued Monday, "I have advocated since January for a new water policy that delivers the least expensive, quickest and most flexible solutions to water supply."

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Let them eat subsidized blueberries!

Submitted: Jul 14, 2007
"We are looking for a niche," said (Merced County Planning Commissioner) Cindy Lashbrook, a Merced County organic farmer who grows blueberries and almonds near Livingston. "We're looking to be legitimized, in a way." -- Merced Sun-Star, July 12, 2007

Happy Bastille Day.

If it hadn't been for Dan Morgan's article in the Washington Post today, noting that hundreds of lobbying groups have been going to Washington to state their case for the Farm Bill, we would not have had a clue what was going on in a July 12 story from McClatchy on a group of local organic growers in Washington. Whatever coherence the story may have had was ruined by the quote from Commissioner Lashbrook. But UC/Great Valley Center leadership training doesn't stress coherence. Self-dealing self-promotion is highly prized, however. In passing Morgan's book, The Great Grain Robbery, is an unforgettable classic in agricultural investigative reporting.

Why are organic growers "desperate" if their segment of the market is the fastest growing in the land? Perhaps, these days, land prices and debt prohibit farming in California.

We need to traipse through a little recent history to try to understand what this story is could be about. We won't get beyond tentative suggestions.

In November 2006, the reign of the Pomboza (representatives RichPAC Pombo, R-Tracy, and Dennis Cardoza, D-Merced) ended when Democrats regained a majority in Congress. The Pomboza was unable to gut the Endangered Species Act (although the Bush administration has attempted to do it by fiat since), the House Resources Committee, on which they served (Pombo as chairman) was restored to its former title, House Natural Resources Committee, and Cardoza was assigned a seat on the House Rules Committee. This committee is an exclusive committee. According to Democratic Party House rules, members who serve on exclusive committees cannot serve on other committees. However, Cardoza was given a waiver to serve on the House Committee on Agriculture because of his district and because it is a Farm Bill year that will define federal support for agriculture for the next five years.

Cardoza is a member of the Subcommittee on Livestock, Dairy and Poultry, which makes sense because his district includes the center of the California poultry industry, the administrative center of the dairy industry and because Merced is the second largest dairy county in the nation. Cardoza's top individual contributor is Gallo Cattle Co., owner of the largest dairy in the US.

However, Cardoza is also chairman of the Subcommittee on Horticulture and Organic Agriculture. Although his name does not appear in this story it is rumored that Cardoza is one of the leaders of the opposition to a Farm Bill favoring the large commodities -- rice, cotton, corn and milk -- and we think that somehow his office was involved in this little piece of fluff, which reminds us of the aluminum foil designed to confuse incoming missiles.

What's missing from the story is any mention of commercial rather than organic fruit, nut, vegetable and grape grower groups. Merced is the top producer of almonds in the world. The centers of organic production in California are in coastal counties.

Cardoza represents the largest wine company in the world, the largest dairy in the nation, the largest cheese factory in the world and the largest commercial almond area in the world.

However, all is not well in these giant agribusiness concerns. The largest cheese factory in the world, having polluted its area's groundwater to the point that even the regional water board dared to fine it, is building a new plant in Texas and will soon be gone, taking dairies with it. A French-owned gourmet cheese plant recently relocated from Turlock to Wisconsin. The Totally Illegal 42-inch Ranchwood Sewer Line from Livingston runs through the middle of property owned by the largest dairy in the nation and is headed toward the headquarters of this dairy, whose owner is planning an entire new town, having recently finished a strip mall and a truck stop on Highway 99. The largest dairy in the world is also planning a large residential subdivision near UC Merced. The almond industry is facing an uncertain future due to crashing populations of Honey Bees, required for pollination. Finally, the word in the real estate markets is that one viable sector left is farm swaps, by which developers wishing to buy farmers' land locate comparable acreage in other states for them to move to.

So, although the chairman of the Subcommittee on Horticulture and Organic Agriculture must appear to support the themes of his subcommittee, cotton, poultry, dairy and wine interests will control his voting on the next Farm Bill as they have controlled his agricultural votes throughout his political career. However, the theme of real estate is dearest to Cardoza's heart since he began his political career. No state legislator or House representative did more to promote the speculative real estate boom in his districts in the north San Joaquin Valley, for which reason his present congressional district contains the highest per capita rate of mortgage foreclosure in the nation.

Farmers are landowners. In periods of real estate speculation as reckless as what recently occurred in Cardoza's congressional district, farmers are more landowners than production agriculturalists. Any news, even about organic agriculture, is preferable to more news about the financial hemorrhage going on in the 18th Congressional District of California.

Nevertheless, the public has limits on the amount of inanity it will accept from the press at the behest of congressmen. Merced County Planning Commissioner Cindy Lashbrook transgresses these limits by making the absurd connection between legitimacy and a subsidy of public funds. While Lashbrook is probably sincere in her belief (she has declared war to acquire public funds for self-dealing and self-promotion despite public opposition), many of the Valley's better farmers have always resisted growing subsidized crops in the belief it is not really as legitimate as Lashbrook suggests. They will do it, but it isn't their first choice. The media from the local to the international level have been increasingly critical of farm subsidies, particularly in cotton. In fact, Lashbrook was the moderator of a meeting kicking off a campaign for an anti-growth initiative, which featured author Mark Arax, who signed and sold copies of his expose of the Boswell subsidized cotton kingdom. Would she have felt differently if Boswell had been growing subsidized blueberries in the Tulare Lake all these years? The whole thing is ridiculous and makes you think of Joseph Heller's great entrepreneur, Milo Minderbender, feeding chocolate covered Egyptian cotton to the troops. We aren't dealing with rational thought processes here. We are dealing with public-funds grubbing.

At least until the most recent speculative real estate boom, organic farming has been about the only sector of California agriculture where entry without a fortune has still been possible and its market has steadily grown on the hard work of its farmers, steady improvement of soil quality, and the quality of its produce, for which consumers have been willing to pay a premium. If Lashbrook is still looking for a niche in organic agriculture, one imagines she will never find it because the niche has been there and growing for 30 years and has had recognized USDA federal standards for about a decade. USDA market reporters even report organic produce prices these days. If she hasn't found it yet, her chances are slim at this point.

The present problem in organic agriculture is corporatism -- perhaps a business response to land values. For example, the e-coli outbreak from San Benito County last year was produced not by family organic growers on small, orderly plots, but by a rapidly growing organic produce corporation, which clearly lost control of its quality and safety systems. Corporatism will be the death of organic agriculture, because organics is founded on small farming, greater attention to quality and safety, and modest lifestyles that do not include cruising the halls of Congress. In fact, organic farming is more accurately called organic gardening, because all if its significant techniques emerged from very small plots, few achieving the size of truck gardens, using styles of horticulture begun in ancient Rome and perfected by Parisian market gardeners during the Napoleonic period. These techniques were brought to California in the 1970s by Alan Chadwick of Covelo and UC Santa Cruz and popularized in this country and others by John Jeavons of Willits and J. Mogodor Griffith of Chicago. Nationally, the books of Garden Way Publishing, Rodale Press, and magazines like Prevention and New Farm, from Pennsylvania, for decades have formed the background and underpinnings of the organic movement in the US.

It is not about subsidies to agribusiness corporations that poison people with mass-market produce labeled "organic." Sales, marketing and distribution started small. Organic produce has been the backbone of the growing farmers' market and community supported agriculture movements throughout the nation. Next came regional cooperative markets, a few wholesale stands in places like Jerrold Street, SF and the LA Terminal Market, and companies like Veritable Vegetable and Mountain People Warehouse that frequently grew out of regional cooperatives.

One Badlands staffer has spent decades in and around organic agriculture. In the long complaint that he has heard from organic growers about weather, bugs, water, labor and markets, he has never ever heard an organic gardener or farmer complain to the government about "legitimacy," in any way at all. He’s never known an organic grower with a legitimacy problem. He reasons that organic agriculture would only develop a legitimacy problem when corporations overwhelmed the cooperative roots of the organic movement.

The idea of organic growers whining to Cardoza for legitimacy is unwholesome and against the tradition of organic production and distribution. Once again, Commissioner Lashbrook is ripping off a tradition of great integrity and history for self-dealing and self-promotion or else has been absorbed by an organo-agribusiness campaign for subsidies. But, beyond noticing that that is what is apparently going on, what can you say? Perhaps, one can say that "organic agriculture" as presented by Lashbrook and Cardoza, has cut itself off from its roots so far that it is now lost in the halls of Congress, where all the decent things go to die.

Badlands editorial staff
---------------------

7-12-07
Merced Sun-Star
Merced second in nation in foreclosures...J.N. Sbranti, Modest Bee
http://www.mercedsunstar.com/local/story/13780283p-14360785c.html

About $925 million worth of mortgages have been foreclosed on since January in the northern San Joaquin Valley, and 2,575 homes have been auctioned off on courthouse steps in Stanislaus, San Joaquin and Merced counties. Sean O'Toole, who owns ForeclosureRadar, a research firm based in Discovery Bay has been tracking the rapid rise in foreclosures throughout California. "Foreclosure sales now represent about 16 percent of all home sales in California,"..."Lenders are building a significant inventory (of repossessed homes),"..."Since Jan. 1, 2007, a total of 29,696 California properties have been returned to the lender for an astonishing total loan value of $12 billion. This is unprecedented." The situation may get worse before it gets better. RealtyTrac, another foreclosure property research firm...northern San Joaquin Valley leads the nation when it comes to mortgage defaults...calculated that San Joaquin County had the highest rate of homes in the process of being foreclosed — 1 in 103. Merced County ranked second-worst, with 1 in 121 homes in the foreclosure process. And Stanislaus County ranked fourth-worst, with 1 in 131 homes. For California as a whole, 1 in 315 homes were in the foreclosure process. The nationwide rate was 1 in 704 homes. Traditionally, most homeowners who receive notices of default have been able to refinance their mortgages, catch up on payments or sell their houses before lenders force a foreclose auction. But as home prices fall, mortgage lending requirements tighten and loan interest rates rise, avoiding foreclosure has become more difficult.

Local growers in Washington to push farm bill...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/13780293p-14360810c.html

WASHINGTON...on Capitol Hill, the House Agriculture Committee is poised in coming days to divvy up billions of dollars in a new farm bill... With the House panel planning to write its farm bill over the course of three days next week, Teixeira and several dozen other organic farmers are taking a desperate stab at changing the course of federal agricultural policy. So far, success is elusive. Existing cotton, rice, wheat and corn subsidies would stay essentially the same, under the current bill written by the agriculture committee chairman, Rep. Colin Peterson, D-Minn. Federal crop subsidies totaled about $17 billion last year. The politically vocal American Farm Bureau Federation likewise supports Peterson's stay-the-course approach to traditional subsidies, as does the National Milk Producers Federation. California at Davis agricultural economist Dan Sumner allies himself with California's fruit and vegetable growers, who seek a bigger share of the farm bill. The bill coming before the House committee next Tuesday does boost some specialty crop funding. Even so, specialty crop advocates — and organic growers in particular — complain the current House bill shortchanges the fastest-growing sector of U.S. agriculture. "We are looking for a niche," said Cindy Lashbrook, a Merced County organic farmer who grows blueberries and almonds near Livingston. "We're looking to be legitimized, in a way."
Hear an audio interview with Merced County farmer Cindy Lashbrook about the proposed Farm Bill.

7-13-07
Houston Chronicle
July 13, 2007, 11:55PM
Public support for Congress at lowest in a year By DARLENE SUPERVILLE
Associated Press
http://www.chron.com/disp/story.mpl/headline/nation/4967558.html

WASHINGTON — Too much bickering and not enough legislating.
That, in just a few words, explains why public approval of Congress' job performance has fallen 11 points since May, to 24 percent, its lowest level in a year, an Associated Press-Ipsos poll finds.
That's lower than for President Bush, who isn't exactly "Mr. Popularity," either ...

7-14-07
Washington Post
Democrats divided over Farm Bill changes...Dan Morgan
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/13/AR2007071301930_pf.html

When freshman Ohio Democrat Zack Space replaced veteran Republican Rep. Robert W. Ney after the 2006 elections, groups lobbying for a major revamping of farm subsidy programs were elated. House Democrats, with their base in urban areas and coastal regions, were not beholden to programs weighted toward large commercial farmers in the grain and cotton belts. And Space's eastern Ohio district of small and medium-size farms was far down the list of those receiving government farm payments. But, as the House Agriculture Committee prepares to take up a new five-year farm bill on Tuesday, Space, one of nine freshmen Democrats on the panel, is opposing major changes in the traditional price and income support programs that in 2006 paid farmers $19 billion. Space's resistance to change highlights the struggle within the Democratic Party as the farm bill moves to center stage on Congress's legislative agenda. Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny H. Hoyer (D-Md.) have told Agriculture Committee Chairman Collin C. Peterson (D-Minn.) that they will not support a "status quo" bill. A coalition of Democratic-leaning environmental organizations, anti-poverty groups and church organizations are pushing to redirect some subsidies to conservation, wetlands preservation, rural development and nutrition. But top Democrats are reluctant to push too hard for changes that could put at risk Democratic freshmen from "red" states, which backed President Bush's reelection in 2004 and where the farm vote is still a factor in close elections. At stake in the new farm bill are billions of dollars affecting the fortunes of farmers, as well as groups that include soft-drink manufacturers using corn sweeteners and poor families relying on food stamps. In 2006, more than 475 organizations reported lobbying on agricultural issues, according to the Center for Responsive Politics. Peterson, whose northwest Minnesota district grows wheat, corn, soybeans and sugar beets, has vowed to protect the traditional programs... Peterson's draft has been criticized by fellow House Democrats representing farming interests that receive little direct help. Rep. Dennis Cardoza (D-Calif.), a senior member of the Agriculture Committee, complained that the bill would provide $465 million in new money over five years to support fruit and vegetable growers. "That's not even a crumb," he told reporters, adding that unless improvements are made the bill will face a battle on the House floor. The debate over subsidies is coming in the midst of nearly unprecedented prosperity in U.S. farming. Farm income and the value of farmland and farm assets have been rising, spurred by strong exports and a boom in the demand for corn, which is used to make ethanol.

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Another piece of good news!

Submitted: Jul 13, 2007

California Native Plant Society
Defenders of Wildlife
Butte Environmental Council

FOR IMMEDIATE RELEASE – July 13, 2007

Contact: Carol Witham, California Native Plant Society, (916) 452-5440

Brian Segee, Defenders of Wildlife, (202) 682-9400 x 121

Barbara Vlamis, Butte Environmental Council, (530) 891-6426

Court Issues a Preliminary Injunction
against destruction of vernal pool habitat
in the Sunrise Douglas area of Rancho Cordova

On Tuesday, Federal District Court Judge Martin J. Jenkins issued a preliminary injunction against the U.S. Army Corps of Engineers permits related to the Sunrise Douglas Development in the City of Rancho Cordova, Sacramento County, California. The court ordered the wetland permits suspended and enjoined any further construction, groundbreaking, earthmoving, or other on-the-ground activity that may affect vernal pool habitat or endangered or threatened species. On Thursday, cease-and-desist orders were issued by the U.S. Army Corps of Engineers to seven separate, but interrelated projects: North Douglas, Montelena, Douglas Road 98, Sunridge Park, Anatolia IV, Sunridge Village J and Grantline 208. Two additional projects, Douglas Road 103 and Arista del Sol, will also be subject to the force of the court order. The injunction will remain in effect until the case before the court has ruled on its merits. The lawsuit also names as defendants the U.S. Fish and Wildlife Service and the U.S. Environmental Protection Agency.

In issuing the preliminary injunction, Judge Jenkins found that the U.S. Army Corps of Engineers environmental assessments of these projects failed to take a “hard look” at, and independently analyze, the environmental consequences of the proposed projects in violation of the National Environmental Policy Act. The judge issued the preliminary injunction based upon the irreparable harm that could be caused to the vernal pools while the case is being heard by the court.

“This is a victory for the environmental community that has spent more than a decade trying to protect vernal pool grasslands and their associated endangered species in the Rancho Cordova area” says Carol Witham of the California Native Plant Society (CNPS). “CNPS has long considered the Sunrise Douglas area being as the Yellowstone of vernal pool landscapes.”*

“We’re elated that the court found that the Army Corps’ reliance on documents submitted by the developers was insufficient, and that they independently analyze environmental impacts of the proposed projects,” stated Barbara Vlamis, Executive Director, Butte Environmental Council. “While this may not stop development, it will force the regulatory agencies to look holistically at vernal pool wetlands and endangered species in the Sunrise Douglas area and the impact of new development projects in this area.”

“California’s vernal pools are an integral part of the state's natural landscape and heritage, and are a vital resource for numerous native plants and animals,” said Brian Segee, Defenders of Wildlife. “Today’s decision moves us one step closer to ensuring that these crucial habitat areas remain intact.”

Plaintiffs are represented by attorneys and students in the Stanford Environmental Law Clinic and by Neil Levine. For more details about the legal aspects of the case, contact Stanford Clinic Director Deborah Sivas at (650) 723-0325.

*Last week, in a separate case filed by CNPS, the California Superior Court found that the City of Rancho Cordova violated several state laws in their approval of an adjacent Angelo K. Tsakopoulos development called “The Preserve at Sunridge”. And, earlier this year in a lawsuit by the Vineyard Area Citizens against the City of Rancho Cordova, the California Supreme Court ruled that the original Sunrise Douglas environmental analysis document failed to consider the environmental impacts of long-term water supply and ground-water pumping activities on endangered fish in the Cosumnes River.

###

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Three pieces of good news

Submitted: Jul 12, 2007
This means that other communities will be saddled with a potentially unnecessary NBAF and unjustified hazards. "We remain vigilant and plan tstand with communities across this country to oppose the proliferation ofthese exceedingly dangerous labs." said Miles, Tri-Valley CAREs, July 11, 2007

Three pieces of good news:

1) No biowarfare lab for Livermore Lab Site 300 near Tracy. One San Joaquin County reporter said today that he'd heard the decision was actually made in June, as scheduled, but only announced now. Possibly, the consolation warpork prize for Livermore Valley was a head-trauma clinic for Iraq veterans.

2) The House Natural Resources Committee is looking into the revolving door policy at the Department of Interior, by which Jason Peltier, a top water official, is leaving to become assistant general manager of Westlands Water District. Committee questions to Interior Secretary focus on projects Peltier has been involved in that would have benefitted Westlands.

3) Hank Shaw, capital reporter for the Stockton Record, reported yesterday on his blog that Section 123 has been removed from the Farm Bill. The section would have prohibited states or local jurisdictions from banning cultivation of genetically engineered crops within their borders. Four counties in California have such laws and others are working on them at the moment. Shaw said he confirmed the news with several reliable sources among Agriculture Committee members and committee staff. It would appear he's scooped the nation on his blog, but he hasn't written the article for his newspaper yet, nor have either the news services or GE_NEWS@eco-farm.org (the indespensible anti-GMO clipping service) yet picked up the story.
We'll see ...

Bill Hatch
----------------------

7-11-07
NORTHERN CALIFORNIA COMMUNITIES DEFEAT BIO-WARFARE AGENT RESEARCH PROPOSAL
AT LIVERMORE LAB SITE 300
For more information:
Marylia Kelley, Executive Director, Tri-Valley CAREs, (925) 443-7148
Loulena Miles, Staff Attorney, Tri-Valley CAREs, (925) 443-7148
Bob Sarvey, Business Owner and opposition leader in Tracy, (209) 835-7162
http://www.trivalleycares.org/pressRelease/prjul07.asp

Activists and Business Owners Rejoice as Dept. of Homeland Security Rejects
Livermore Lab Application for National Bio and Agro Defense Facility
(NBAF); Claim Public Opposition Tipped the Scales

TRACY - Following a year of community outreach, meetings with elected officials, neighborhood "house parties", door to door petitioning, Tracy City Council action, and other escalating opposition, the Dept. of Homeland Security (DHS) apparently got the message. There is no "community acceptance" for a bio-warfare agent research facility in Northern California.

Today, elected officials leaked the names of the 5 finalist locations for the Dept. of Homeland Security's National Bio and Agro Defense Facility, or NBAF. Livermore Lab's Site 300 is NOT on the list, despite heavy lobbying by the Lab and the University of California, which manages Livermore Lab
and submitted its NBAF application.

The NBAF will be one of the largest and most dangerous biodefense facilities in the world. Reportedly, the "finalist" contenders to house NBAF are located in Texas, Georgia, Kansas, North Carolina and Mississippi.

Local grassroots organizing carried the day in eliminating Livermore Lab's Site 300 high explosives testing range from consideration. Tri-Valley CAREs, a watchdog group that monitors Livermore Lab, and its allies
generated more than 7,000 calls and letters to the Department of Homeland Security opposing a bio-warfare agent research facility at Site 300.

The group collected more than 2,000 paper petitions against the bio-facility, many of them distributed from neighbor to neighbor and through Bob Sarvey's shoe store in Tracy. In addition, the group's members
wrote numerous letters to the editor and spoke out at Tracy City Council and other key meetings.

On Tri-Valley CAREs' behalf, Working Assets Long Distance asked its local customers if they would be willing to pay a small fee to send a letter-gram telling DHS Secretary Michael Chertoff to stop the bio-lab from locating at Site 300 -- and more than 3,000 did so. Hundreds more made phone calls.

A colleague organization, the Nuclear Age Peace Foundation, sponsored an Internet forum that enabled nearly 2,000 people to send their email messages opposing the facility to DHS.

And, following advocacy from community members, the Tracy City Council, Site 300's closest neighbor, voted in January 2007 to oppose the bio-lab. The City of Tracy then sent a letter to DHS announcing its opposition.

According to Marylia Kelley, Executive Director of Tri-Valley CAREs, "The community opposition was impressive. So many bright lights came out to oppose this dangerous bio-warfare agent research proposal. I believe it was public outcry that caused Homeland Security to eliminate Site 300 from consideration."

Kelley continued, "I am ecstatic that we were able to achieve this victory and I salute all the community members who spoke out."

The proposed NBAF will cover 520,000 square feet, roughly the size of 5 Wal-Mart stores. It will house the most lethal pathogens on Earth, with both BSL-3 and BSL-4 capacity.

Biosafety Level-3 facilities experiment on infectious or exotic pathogens that are potentially lethal, such as live anthrax, plague and Q fever. Biosafety Level-4s are reserved for extremely exotic biological agents for
which there is no known cure, such as Central European tick-borne encephalitis. The biological research at NBAF will spread across a minimum of 30 acres to test on large animals, according to the DHS request for
proposals in the federal register.

Local businessman and resident Bob Sarvey said today, "I am glad that we in Tracy will not be subjected to both increased bomb testing at Site 300 and live anthrax, plague, bird flu and other pathogens. I am celebrating this victory while continuing opposition to further bomb testing with depleted
uranium at the site. The end goal is to obtain cleanup of existing contamination and safe research at Site 300."

Moreover, building this research lab at Site 300 would have meant collocating bio-warfare agent research with nuclear weapons, sending the wrong signal to the rest of the world. "Building this facility at Site 300
would have weakened the Biological Weapons Convention (BWC)," stated Loulena Miles, the staff attorney at Tri-Valley CAREs. "Today, there exists a bright line, with no country locating its advanced biological warfare
research in classified nuclear weapons facilities. I am particularly joyful that the rejection of Site 300 by DHS preserves this clear and important distinction."

Miles elaborated, "If the line is ever breached, collocating 'bugs and bombs' will raise suspicions worldwide about the intent of the U.S. biodefense program. This will have a corrosive effect on universal acceptance of the BWC." The Biological Weapons Convention is the international treaty to prevent the spread of bioweapons.

Additionally, the NBAF is part of what many community groups are calling an unnecessary and dangerous "biodefense building boom."

Tri-Valley CAREs and its allies have asked Congress and the Bush Administration for a national "needs assessment" to be undertaken. This logical first step would provide the government and the public with an
accurate picture of what biodefense capabilities presently exist in the United States, and what if any additional capability is needed.

Stated Kelley, "It is shocking that no such overarching assessment exists and that each federal agency is moving forward willy-nilly with its own proposals for more labs."

This means that other communities will be saddled with a potentially unnecessary NBAF and unjustified hazards. "We remain vigilant and plan to stand with communities across this country to oppose the proliferation of these exceedingly dangerous labs." said Miles.

Homeland Security will make the final site selection for NBAF by October 2008. The Environmental Impact Statement process, pursuant to the National Environmental Policy Act, is now slated to begin immediately.

7-12-07
Tracy Press
Tracy dropped from bio-lab list...Rob L. Wagner
http://tracypress.com/content/view/10137/2242/

Tracy didn’t make the cut to host a $450 million national lab where killer germs like anthrax, avian flu and foot-and-mouth disease will be studied, the U.S. Department of Homeland Security announced Wednesday...the federal government has selected finalists from five other states for the National Bio and Agro-Defense Facility. The decision eliminates the potential to bring hundreds of highly skilled jobs to the city but is considered a victory by many residents who were troubled by the secrecy and possible threat posed by the project. When federal officials whittled down the list, it eliminated Tracy, the only bidder west of the Rocky Mountains. The five that are left are Flora Industrial Park in Madison County, Miss.; Texas Research Park in San Antonio, Texas; Kansas State University in Manhattan, Kan.; Umstead Research Farm in Granville County, N.C.; and the University of Georgia in Athens, Ga. It’s likely Tracy didn’t make the cut because of its lack of community acceptance. Earlier this year, the City Council voted to oppose the project. In a Feb. 9 letter to the Department of Homeland Security, Lawrence Livermore officials and other federal officials, City Manager Dan Hobbs cited both the proximity of Site 300 to the city and residents’ public health and environmental concerns. Perhaps equally important was the lack of answers from federal officials about specific testing at the proposed facility, Sarvey said...more than 4,000 signatures and about 2,000 letters were sent to Homeland Security in opposition to the proposed project. Chris Harrington, spokesman for the University of California, which is associated with Lawrence Livermore on the project, said, "The University of California is disappointed that its proposal for the National Bio and Agro-Defense Facility was not selected by the U.S. Department of Homeland Security for further review and consideration." He also said that while UC’s proposal is no longer under consideration, university officials hope Homeland Security will not rule out options to place a bio- and agro-defense facility in California in the future.

San Francisco Chronicle
UC out of the running for controversial biodefense lab...David Perlman
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/12/BAG61QV3GK1.DTL&hw=uc&sn=003&sc=644

The University of California lost its bid Wednesday to build a huge new biodefense lab where scientists would study highly dangerous microbes at the Lawrence Livermore National Laboratory's property near Tracy, federal officials announced Wednesday. UC officials had lobbied strongly for selection of the Livermore lab as home for the new facility. Livermore scientists had planned to locate the lab at the Site 300 property near Tracy -- well away from the main Livermore campus. But local opposition may have helped derail the plan. Tri-Valley Cares, the activist organization that has long been a thorn in the side of the Livermore lab's nuclear weapons work, vigorously lobbied against locating the new biodefense facility anywhere near Tracy or Livermore. More than 3,000 petitions and 2,000 e-mails from Tracy residents, plus 2,000 paid telephone messages carried by the Working Assets Long Distance phone service, opposed the new lab, according to Marylia Kelley, a leader of the organization formally known as Tri-Valley Communities Against a Radioactive Environment. The Tracy City Council also voted to oppose the lab... The National Bio and Agro-Defense Facility is planned as a huge, heavily shielded structure covering more than 500,000 square feet -- larger than five average Wal-Mart stores. Within the building, under a variety of high-tech containment labs, scientists and technicians would study the effects of the world's most dangerous microbes on animals and seek new ways to protect both humans and domestic animals against the germs, according to homeland security planners. A statement from UC's Washington office said the university "is disappointed" that it was not selected and added that it is "a leader in the field of biotechnology and brings a wealth of knowledge and expertise to the area of biosecurity research. We will continue to apply our premier scientific and technological expertise to the homeland security work of our nation."

7-11-07
Tracy Press
Tracy's dropped from bio-lab list...Cheri Matthews
http://tracypress.com/content/view/10137/2242/

The U.S. Department of Homeland Security has just announced that Tracy was cut from its list of proposed locations for the National Bio and Agro Defense Facility.
The list was narrowed from 18 sites to five. The sites under consideration are in Texas, Georgia, Kansas, North Carolina and Mississippi.

Kansas gears up effort to win bio lab
By JASON GERTZEN
The Kansas City Star
http://www.kansascity.com/business/story/186415.html

“…We can make a very strong case that we are the best possible location.”
Gov. Kathleen Sebelius

Kansas officials aim to blend scientific strengths with political savvy after the state emerged Wednesday as a finalist for a $450 million federal biodefense laboratory.
U.S. Department of Homeland Security leaders included a proposed location on the campus of Kansas State University in Manhattan among spots in five states that now will undergo an intensive review. Officials plan to name a winner by the fall of 2008 for a substantial lab complex that will employ hundreds of scientists and bring a boost to the bioscience prestige and economy of the successful region.
Kansas is vying with Texas, Georgia, North Carolina and Mississippi for the 500,000-square-foot facility that is to develop new measures for detecting and countering foot and mouth disease, various strains of swine fever and other pathogens with the potential to devastate the nation’s food supply.
Another Kansas site in Leavenworth County and one in Missouri near Columbia were trimmed from 17 locations across the country under consideration for the National Bio and Agro-Defense Facility. Federal officials intend to move the scientific work from an animal disease lab at Plum Island, N.Y., that is viewed as inadequate because of its aging facilities.
U.S. Sen. Pat Roberts, a Kansas Republican, viewed Wednesday’s much-anticipated announcement as a big win for his state and said he was optimistic about its prospects.
“There is still much work to be done, but our state can be proud that we are considered one of the premier centers of biological and agricultural research, businesses and education,” Roberts said. “The merits are on our side" ...

Atlanta Journal-Constitution
UGA on short list for national bio-defense facility
By KEN FOSKETT
http://www.ajc.com/metro/content/metro/stories/2007/07/11/biodefense_0711.html

The University of Georgia is a finalist for a major new bio-defense facility dedicated to combating contagious human and animal diseases.
The state's top university was among five sites chosen Wednesday by the Department of Homeland Security as potential homes for the National Bio- and Agro-Defense Facility, according to Bert Brantley, a spokesman for Gov. Sonny Perdue.
The research facility, part of the national strategy to combat terrorism, is intended to counter threats to the nation's food supply and limit the chances of animal diseases spreading to humans.
The state of Georgia has proposed investing up to $154 million to land the project, including $10 million to attract researchers to the university system and $120 million in new UGA facilities.
"Just being on the short list is a very big win for Georgia," said Mike Cassidy, president of the Georgia Research Alliance, which supported UGA's bid. "We're thrilled" ...

7-12-07
Brownfield
M-U no longer finalist for National Bio and Agro-Defense facility
by Julie Harker http://www.brownfieldnetwork.com/gestalt/go.cfm?objectid=BAC0E949-CF20-D683-59E70F731A958A2E

The University of Missouri-Columbia has been dropped as a potential site for a new national bio and agro-defense research facility. The Homeland Security Department narrowed its list on Wednesday to five potential sites: in Georgia, Kansas, Texas, Mississippi and North Carolina.
The Missouri Cattlemen’s Association recently came out in opposition to the Columbia location, saying it was too risky to animal and human health to have the level-four facility in such a populated area.
Other ag groups, including the Missouri Farm Bureau and the Missouri Pork Producers Association, supported the location.
----------------------

Rep. Miller News--New "Revolving Door" concern at Interior Depart ment
Date:
Thu, 28 Jun 2007 13:31:15 -0400
From:
Lee, Danielle
To:
Miller, George

MEMO

To: Interested Parties
From: The office of Congressman George Miller
Date: 6/28/07
Re: New "Revolving Door" concern at Interior Department

-- California water
-- Lobbyists / "Revolving Door"
-- Interior Department

Senior members of the House Natural Resources Committee wrote to the Interior Department today to request information on Administration officials' use of the "revolving door" and its possible impact on federal policymaking. The letter follows below.

For more information, please contact Daniel Weiss at (202)225-2095.

Background

Jason Peltier once ran the Central Valley Project Water Association, an organization that lobbies on behalf of federal water contractors in California. He then became one of the Bush Administration's lead officials on Western water policy, apparently overseeing projects and policy decisions that directly affected his former clients. He most recently served as the Interior Department's Principal Deputy Assistant Secretary for Water and Science.

This week, he accepted a job with the largest irrigation provider in the country and one of the largest water customers of the Interior Department, the Westlands Water District, despite having been directly involved in a number of federal decisions that may impact Westlands.

Mr. Peltier was profiled last year in an article in the New York Times ("For Thirsty Farmers, Old Friends at Interior Dept."), questioning his role in influencing water policy decisions. The Westlands Water District recently revived a lawsuit against the United States charging that the government should be using less water to restore the environment under the Central Valley Project Improvement Act.

The congressional letter comes at a time when the Bush administration's Interior Department faces increased scrutiny. Yesterday, the Washington Post revealed that Vice President Dick Cheney's political interference led to a decision to withhold water from salmon, leading to a massive fish kill with devastating consequences for the Pacific Northwest ("Leaving No Tracks"). Earlier this week, the former second-ranking official at the Interior Department, J. Steven Griles, was sentenced to 10 months in prison for his role in the Jack Abramoff scandal.

Today's letter

The congressional letter sent today calls for an accounting of the decisions Mr. Peltier made as an Interior official that would affect his new employer, and requests an explanation for, and documentation of, the steps taken by the Department of the Interior to screen for and prevent conflicts-of-interest in the case, as well as in a similar earlier case.

The request was sent by Congressman George Miller (D-CA), a senior member of the House Natural Resources Committee, and Congressman Nick Rahall (D-WV), chairman of the Committee.

The full text of the letter to Dirk Kempthorne, Secretary of the Interior, is below. The letter was copied to Earl Devany, the Department's Inspector General.

< <20070628MillerRahallDOILetter.pdf>>

***
The Honorable Dirk Kempthorne
Secretary
Department of the Interior
1849 C Street, N.W.
Washington, DC 20240

Dear Secretary Kempthorne:

We write today expressing great concern over the imminent departure of the Department of Interior's Principal Deputy Assistant Secretary for Water and Science-Mr. Jason Peltier-who is leaving the Department to become the Chief Deputy General Manager of the Westlands Water District, the largest irrigation district in the country and one of the largest customers of the Bureau of Reclamation. While serving at the Department for the past six years, Mr. Peltier has played a major role in a number of California-related water issues that impact his prospective employer.

As members of Congress and Committees with oversight of the Department of Interior and its stewardship of the nation's natural resources, we are deeply troubled by the potential impact Mr. Peltier's use of
the "revolving door" will have on the Department's policymaking.

Although we have been advised that Mr. Peltier may have removed himself from decisions on some California-related water issues, former Secretary Gale Norton once described Principal Deputy Assistant Secretary Peltier as dealing "frequently with California water issues" on behalf of the Department. Accordingly, we respectfully request that you provide us with the documentation and communications addressing Mr. Peltier's involvement with California water, the San Luis Unit of the Central Valley Project, and the Westlands Water District, including Mr. Peltier's:
* role in implementing the Central Valley Project Improvement Act and the CALFED program;
* participation in the development of the Bay-Delta Conservation Plan;
* policymaking role regarding the Central Valley Project, including the renewal and awarding of contracts for Westlands and other CVP water users; and
* involvement in Trinity River matters.

In addition, it is our understanding that Mr. Peltier is actually the second official from the Department of the Interior to have joined the Westlands Water District within the last year. We have learned that Ms. Susan Ramos, the former Assistant Regional Director of the Bureau of Reclamation, presently represents the interests of Westlands in negotiations with her former office, the Bureau of Reclamation.

In light of these facts, we request that you provide us with the documentation and communications addressing steps taken by the Department of the Interior to screen for and prevent conflicts-of-interest in these two cases, especially regarding litigation between Westlands Water District and the United States. Specifically, we request:
1 a full-accounting of Mr. Peltier's and Ms. Ramos' efforts to negotiate their new employment, and an explanation of the actions taken to ensure that their exit plans did not and will not impact federal policymaking;
1 information demonstrating that these former government employees' new positions with Westlands Water District will not violate federal statutes prohibiting conflict of interest or "switching sides," including 18 USC §207; and
* any advice, counsel, or opinions the Department prepared on this matter.

We appreciate your prompt attention to our request, and would appreciate your response by July 27 of this year. Please coordinate the production of the requested information with Jeff Petrich, Chief Counsel, Committee on Natural Resources at (202) 225-XXXX.

Sincerely,

GEORGE MILLER NICK J. RAHALL, II

Member, Natural Resources Committee Chairman, Natural Resources Committee

CC: The Honorable Earl Devany, Inspector General, Department of the Interior
----------------------

8-27-02
Environmental New Service
Bush Administration Drops Appeal of CalFed Challenge
http://www.ens-newswire.com/ens/aug2002/2002-08-27-09.asp

SAN FRANCISCO, California, August 27, 2002 (ENS) - The Bush administration is dropping its appeal of a federal judge's ruling that environmental groups say could harm a widely supported California water plan.
At stake is the state-federal CalFed plan, which is designed to restore the San Francisco Bay-Delta and improve water supply reliability for California. Congress is now considering legislation to authorize funding for the CalFed plan.

But in February, a federal judge in Fresno ruled that federal regulators improperly allocated water to fish and wildlife. If upheld, the decision will reduce the amount of water available for protecting the environment.

In May, the Department of Interior appealed the judge's ruling, which came in a suit filed by Central Valley agribusiness interests in an attempt to weaken the CalFed plan. Last week, Interior Secretary Gale Norton withdrew the government's appeal, a decision that environmentalists say undermines the cornerstone of the CalFed plan.

"Secretary Norton is walking away from CalFed, even though she had pledged to support it," said Barry Nelson, senior policy analyst for the Natural Resources Defense Council (NRDC). "This is another environmental rollback by the Bush administration, and it has serious consequences for California."

Norton's key staffer on CalFed issues is Jason Peltier, who previously served as a longtime lobbyist for Central Valley agricultural interests. For more than a decade, as the head of the Central Valley Project Water Association, Peltier led efforts to oppose federal water reform.

Despite Peltier's efforts, President George Bush Sr. signed into law the Central Valley Project Improvement Act (CVPIA) in 1992. The CVPIA was a major overhaul of the federal project that delivers water to farmers and other California water users. It guaranteed that water would be made available for environmental protection.

The Department of Interior wrote rules to implement the CVPIA, which serve as the foundation of the CalFed plan.

On October 31, 1992, the day after CVPIA became law, Peltier pledged in the San Francisco Chronicle, "We'll do anything and everything to keep from being harmed. If that means obstructing implementation [of the bill] so be it."

"We call on Secretary Norton to explain the role of former water lobbyist Jason Peltier in this decision to capitulate to his former clients," said Nelson. "If Peltier is behind this, then it means he is finally delivering on his decade old promise to block implementation of the Central Valley Project Improvement Act. Industry special interests should not be charged with protecting the environment."

NRDC and other environmental groups are appealing the ruling to the Ninth Circuit court of appeals.
-------------------

2-17-07
Water facilities transfer isn't easy
Cleaning up drainage raises complex tangle of legal, finance issues.
By Michael Doyle and Mark Grossi / The Fresno Bee
http://www2.dcn.org/pipermail/env-trinity/2007/001120.html

Serious political and pragmatic obstacles block a new proposal to shift vast San Joaquin Valley irrigation facilities into farmers' hands.

Capitol Hill skeptics hold key leadership positions. Congress is already booked up with another big Valley water plan to restore the San Joaquin River. Technical solutions are complicated.

And history, if it's any guide, suggests it's extremely hard to transfer federal water projects -- especially ones serving California.

"A proposal like this will always face challenges," Rep. Jim Costa, D-Fresno, conceded Friday. "This is not a unanimous consent item."

Costa, nonetheless, said he finds promise in the new notion to deliver into local control the San Luis Reservoir and more than 100 miles of canals and associated pumping plants. He represents much of the 600,000-acre Westlands Water District.

Under the proposal, Westlands would join with the San Luis Water District and other districts in taking over the federal facilities.

The state of California also would play a role.

The water districts would become responsible for resolving the irrigation drainage problems now afflicting almost 400,000 acres of the Valley's west side.

In exchange, the federal government would forgive the districts' $489.6 million construction debt.

"This is an attempt, I think, to think out of the box," Costa said.

Supporters consider the proposal aired this week better than other drainage options estimated to cost as much as $2.6 billion. The government'spreferred drainage option was supposed to be announced Friday, but officials delayed it to discuss the new proposal.

Environmental critics question whether the new idea will really save taxpayer money. If the government remains liable for drainage, irrigation districts would eventually have to repay the federal Bureau of Reclamation for a drainage fix.

Bureau spokesman Jeff McCracken responded that taxpayers still would be providing the upfront funds. The government would allow interest-free payback over 50 years. This amounts to a taxpayer subsidy.

"The reimbursement wouldn't begin until after the facilities for drainage are complete," McCracken added.

But even the 20-page conceptual paper now circulating on Capitol Hill acknowledges numerous difficulties.

Area lawmakers like Rep. Dennis Cardoza, D-Merced, still must get their potential concerns addressed.

The feds and the farmers, for instance, concede they don't yet agree on the "full scope" of how the government might be shielded from future lawsuits. The farmers originally sued over the government's failure to provide
promised drainage.

Without drainage, selenium-tainted farm runoff has accumulated -- most infamously during the 1980s in the poisoned Kesterson Reservoir in western Merced County.

The written proposal acknowledges other uncertainties, including:

Efforts to understand the financial implications of the transfer are "ongoing," while identifying the dollar value of the water and facilities is "a difficult question to answer."

Farmers and federal officials disagree over the "outstanding" issue of who is responsible for dam safety.

The potential effect on California bond and credit ratings "has not yet been addressed."

Impacts on pumping plant operations are "highly dependent" upon final negotiations.

And then there's the salt.

Many millions of tons of salt have come to the western San Joaquin Valley in irrigation water from the Sacramento-San Joaquin Delta, which is where the ocean meets the state's two longest rivers.

"Where will all this salt go?" asked Clovis resident Lloyd Carter, an attorney and environmentalist.

The salt will eventually damage the land unless there is some way to remove it, experts say.

Simply changing the owner won't remove the salt.

"Is this new plan really in the best interest of the taxpayers?" asked Rep. George Miller, D-Martinez.

Miller's skepticism is telling. He is one of House Speaker Nancy Pelosi's chief lieutenants. Her chief of staff, John Lawrence, formerly handled Western water issues for Miller. Her chief administrative officer, Dan Beard, likewise worked for Miller and then ran the Bureau of Reclamation during the Clinton administration.

All were around the last time California farmers and their congressional allies tried to seize the Central Valley Project.

In 1995, lawmakers led by Rep. John Doolittle, R-Granite Bay, sought to sell the CVP as part of a larger budget bill. That proposal to sell off the entire Redding-to-Bakersfield water network was far more ambitious than the
new idea. Still, its fate is instructive.

One of the big proponents of the 1995 sell-the-CVP idea was Jason Peltier, then representing Central Valley Project customers.

Peltier now is a senior official in the Interior Department, which helped craft this week's proposal.

The 1995 idea eventually died, with Democratic Sen. Dianne Feinstein cautioning then that "there are a lot of points that I think need a major hearing." This week, Feinstein said she needs time to analyze the new
proposal.

Congress this year is already being asked to approve an ambitious plan to restore the San Joaquin River, raising questions of how much California water out-of-state lawmakers are prepared to deal with.
----------------

7-10-07
Farm Bill: Genetically modified food piece excised
Hank Shaw Blog, Stockton Record
http://blogs.recordnet.com/n/blogs/blog.aspx?webtag=sr-hshaw

Lawmakers in Congress will not be debating whether to pre-empt local rules governing genetically modified foods, the consumption of foie gras or other controversial food items in this year's Farm Bill. The original draft included a provision known as Section 123, which barred any locality (i.e., Sonoma or Mendocino) from banning anything already given the vaguely papal gesture of the USDA. This provision had organic farmers in an uproar because they fear that the Monsantos and Syngentas of the world will contaminate their crops with GM crops (this happened in Oregon). Some local governments, mostly in California and New England, have banned farmers from growing these "frankenfoods" as a way to stop their spread.
Adding the GM debate to an already contentious Farm Bill battle was just too much for lawmakers, my sources say. House Agriculture Committee spokeswoman April Slayton said she doesn't know what committee chairman Collin Peterson, D-MN, thinks about Section 123. Rep. Dennis Cardoza, D-Merced, said last month he was concerned about it, especially since he is the chair of the committee's panel on organic agriculture. Is this Dennis at work? We'll see...

| »

Central Valley Safe Environment Network reply to a Merced County Planning Commissioner

Submitted: Jul 10, 2007

A number of local eco-justice advocates would like to thank Merced County Planning Commissioner Cindy Lashbrook for providing a public opportunity to discuss the place of the eco-justice movement in Merced County. Veteran local organizers understand better than the commissioner does that she is just a messenger for the special interests doing business through a combination of propaganda and political coercion to promote urban sprawl and environmental destruction in the San Joaquin Valley. Nevertheless, they appreciate her letter of July 2, in which she complained about criticism from eco-justice advocates and offered an essay on right livelihood, a Buddhist theme, by a Christian eco-justice theologian, to chastise local advocates for their lack of spiritual attainment and point to her own. (See Central Valley Safe Environment Network Mission Statement, Lashbrook’s letter, and Matthew Fox essay, Right Livelihood, below.)

In doing a little soul-searching on why this type of energy is coming my way…, Lashbrook begins.

Merced veteran eco-justice advocates don’t need to do any soul-searching about the type of energy coming at them from Commissioner Lashbrook. In a statement at a teleconference public meeting of the East Merced Resource Conservation District in mid-June, Lashbrook declared “war” on the local eco-justice movement in Merced County and on any who collaborate with it.

Her reasons require some history.

In late May, the commissioner tried to steamroll the Merced Stakeholders group into approval of a grant proposal (claiming in advance of anyone seeing the proposal that the stakeholders supported it). There are stakeholders who believe this proposal involves unnecessary studies and is little more than a front for the commissioner's self-promoting and self-dealing financial enrichment. Eco-justice advocates are among the opponents to the grant: ergo the commissioner declared war in public.

I have been working on cultural solutions for environmental problems for decades, Lashbrook continued.

Organizers who have been working for 30 years – three decades – vaguely remember the planning commissioner’s rare contributions to opposing environmentally destructive projects. For several years, she has been working her way up the political pecking order through memberships and positions in various farm groups whose record on cultural solutions for environmental problems is spotty. However, Lashbrook has sporadically testified against some projects.

Merced eco-justice advocates believe quite deeply that it is possible to have an ethical career in environmental work. They have proved it for many years and will continue to prove it. From decades of experience with grant writing and reviewing grants at a local, state and national level, they know there is an ethical protocol to write a grant proposal and that the grant writers, including, Lashbrook, didn’t follow it.

The question the commissioner puts:

Do you believe that it is unethical to have careers in the fields that we have a passion
in?

is bogus and self-pitying. The commissioner is a publicly appointed official of the County of Merced, sitting on the most important commission in this uncontrollably growing county. What’s ethical about a passion for political self-promotion and financial self-dealing in grant proposals for public funds? What's ethical about taking credit for financial gain for the Merced County eco-justice movement’s work over 30 years, while simultaneously denying the existence of this movement? She is a follower of the politicians’ version of county history: it didn’t exist before UC Merced and its induced speculative growth boom got here. Now, politicians like Lashbrook must exert every propaganda effort to denying the consequences of this “new beginning.”

As for her next plaintive inquiry:

Is there anyone trying to work within the system that you admire that I could learn from?

the answer is yes, right here in Merced.

The lecture the commissioner sent is an essay written by an Episcopal priest, Matthew Fox. In the mid-1980s, when Rev. Dr. Robert Ryland was founding Sierra Presbyterian Church and co-founding the Merced Interfaith Center for Peace and Justice from which the Central Valley Safe Environment Network (CVSEN) evolved, he attended a week-long seminar with Fox. At that time, Fox was a Dominican priest in trouble with his Catholic order because his theology had expanded beyond the order’s doctrines.

Fox and Ryland spent a great deal of time talking about justice, particularly the relationships between social, environmental and economic justice. Ryland later wrote a letter to the Dominicans’ headquarters in the Vatican on behalf of Fox. Eventually Fox was driven out of his order and became an Episcopalian associated with Grace Cathedral in San Francisco and has continued to expand his thought and practice, giving the environment a much greater place in Christian theology at a moment when much contemporary, fundamentalist theology is restricting the place of the creation.

Rev. Dr. Ryland has certainly worked "within the system" -- for about six decades. The commissioner could benefit greatly from his insights as have a number of veteran advocates in Merced County, who have been on the frontline of eco-justice work beside Rev. Dr. Ryland in the nation and beyond “for decades.” They have not been afraid of conflict, and government officials, agencies or private special interests have not intimidated them. They have not sought political appointments to pro-growth planning commissions and aren’t impressed by planning commissioners and elected officials who declare war on them. One night at a Sacramento restaurant, then Assemblyman Dennis Cardoza declared war on Merced eco-justice activists, quietly eating their dinners. Their campaigns include hundreds of projects locally, statewide, nationally and globally, starting with the rehabilitation of wildlife, United Technologies rocket-engine plant, to Riverside Motorsports Park.

Rev. Dr. Ryland was the producer of “Three Parables, (1989)” a documentary on Kesterson, the Valdez oil spill, and the pollution of the Mississippi River in New Orleans. “These were three earthly stories with Heavenly meaning, contemporary parables,” Ryland explained. Rev. Dr. Ryland sat on National Council of Churches grant review committees. He also attended workshops in organizing led by Saul Alinksy, whose organizational techniques Central Valley Safe Environment Network rely upon heavily to this day. Other Merced eco-justice advocates reviewed grants with the National Council of Churches. Nobody in the country does eco-justice work at the depth CVSEN does.

NOTICE: Before viewing this video, “Three Parables, please read this statement.

The intent of this video, “Three Parables,” is to place the viewer between the Good News of the Gospel and the bad news of technological disasters.

My prayer is that the results will be an ecumenical affirmation of faith on a global scale uniting us all in an urgent concern for the future of the planet. Now is the time to build a network of faith communities that can reduce and stop the increase of technological disasters.

Now is the time God has given us to combine the unique diversity and the spiritual power of our unity of faith in God. Hear those who will be speaking to you in this video. Feel with them the impact of technological disasters in their lives. They are not unique. The ultimate reality is WE ARE THEY!!

We need idea people, activists and those who compile statistics. But, the passion and the pain are learned from those who are the victims. Listen to the Spirit speaking to us through our brothers and sisters.

Res est sacra miser.
(A sufferer is a sacred thing.)

Dr. Robert E. Ryland

CVSEN has had a long history of empowering local groups and leaving them with adequate resources to continue to work. CVSEN has always worked on private, non-profit funds.

Throughout this work, eco-justice advocates frequently have had to go to court to defend environmental law, environmental regulation, public trust and public health and safety issues, the preservation and mitigation of agricultural land, and to defend public access -- frequently denied by elected and appointed officials in Merced County and their staff. Among the violators of public processes has been the county Planning Commission, in addition to the county Board of Supervisors, which appoints the planning commissioners. For the last three decades eco-justice advocates in Merced County have made a positive difference through public participation and legal challenges.

Eco-justice advocates, with the aid of a number of Merced River landowners, recently had to defend the collaborative public processes of another group they helped found, the Merced River Stakeholders, against the self-dealing depredations of the commissioner. When the commissioner encountered their opposition, her response was to ram the grant through without any further consultation with the stakeholders – while continuing to claim to the grant funders that she had Merced River stakeholder support, which she doesn’t have because only a handful of stakeholders even read it before it was submitted to state and federal public funding agencies.

The commissioner did all this under the auspices of the East Merced Resource Conservation District, on whose board she sits. Another board member regards his appointment as a license to snarl at eco-justice advocates on sight. A third regards his position as a license to call them negative ranters. The RCD directors went along with the deal trying, as usual, to isolate veteran eco-justice advocates as obstructionists for insisting on the agreed upon rules of process within the stakeholders group.

At the Merced River Stakeholders meeting, eco-justice advocates were joined in this resistance to a boondoggle grant by a farm/mining ownership. The farmer/mining family also deeply resented the attempt to overthrow rules of process that the group -- composed of interests quite divided at times -- had painstakingly developed over more than a decade of meetings. Many river stakeholders understand clearly that these procedures are their only protection.

Lashbrook’s response to stakeholder opposition to her grant proposal was to announce she didn’t need them. She could find other landowners to support her grant. Stakeholders who own land on the river replied they hoped her grant did not include the need for access to the river because she would have none.

Stakeholders opposed to the grant offered to meet further to try to resolve their issues with the grant proposal. The commissioner refused the offer. The logical person to have brokered a meeting, because she represents much of the river area, was Supervisor Diedre Kelsey. During an email exchange about the grant, Kelsey, who appointed Lashbrook to the planning commission and to the RCD board, offered this note by way of "leadership:"

5/23/07 4:17 PM
Diedre Kelsey here. I have just today been made aware of the problems with the grant application not being reviewed by the Merced River Stakeholder group. As the Board of Supervisor member who represents the Merced River within Merced County, and who helped launch the Stakeholder process years ago, I am concerned about these problems. I have asked to speak with Gwen Huff and expect she will call me soon. (Huff receives an RCD grant to facilitate Merced River Stakeholders’ meetings and would also have directly benefited from the grant.) I must correct Ms. Miller's assertion that I am "conflicted' on river issues or have no political voice".
This untrue statement, which apparently has been repeated at previous MRS meeting, is misleading and again, is untrue. The future of the river as a resource for our county is what is important. I have helped on many watershed and river related or fishery related issues in the past and I am ready to help with this problem or any other that affects my district and the County of Merced.
Diedre

(Although Kelsey rarely attends stakeholders’ meetings, “apparently” nothing said at them goes unreported to her, by Lashbrook and other political minions.)

Kelsey's long habit of recusing herself on river issues is a matter of public record. She is a sponsor of this grant proposal, she recused herself here, too. Did her private interests stand to benefit from the grant? So, in lieu of political leadership, the public got one more attack on a veteran Merced eco-justice advocate for upholding the rules of public process developed by the river stakeholders against depredations by politicians, now including Lashbrook. However, Lashbrook is simultaneously a board member of the EMRCD, which sponsored the grant, and a paid staff member of the Merced River Alliance, a grant recipient.

5-30-07
Merced Sun-Star
Kelsey gets OK to vote on local mining issues...Corinne Reilly
http://www.mercedsunstar.com/local/story/13635170p-14230774c.html

Supervisor had previously recused herself from voting on the topic because her family is active in the mining business. But under a recently-issued opinion from the California Fair Political Practices Commission, Kelsey can participate in mining votes as long as they don't involve her own property, property within 500 feet of it, or decisions that have a "reasonably foreseeable" financial consequence for Kelsey. Commission spokesman Roman Porter said the FPPC's opinion is only informal advice based on general information that Kelsey provided about her family's business interests. Kelsey said she responded to a request for information from the grand jury several months ago...hired an attorney at her own expense after she learned of the investigation. Kelsey was also investigated by the grand jury in 2002 for a conflict of interest related to her family's mining company. She said she's excused herself from a participating in some mining decisions in the past, including one vote on a mining operation near her family's Snelling company. On most mining decisions, Kelsey has participated, she said. Kelsey also excused herself from a number of votes related to UC Merced's development, after a university subcontractor purchased gravel from her family's company several years ago. She said she regrets not participating in discussions over the December mining vote...board approved a general plan amendment and zoning change to allow Black Diamond Aggregates, Inc. to expand its operations.

I am sad that people that seem to have similar visions can't find ways to enhance each others' work, Lashbrook concludes, sounding more and more like the perpetually “troubled” Congressman Cardoza.

Local eco-justice veterans are skeptical about the similarity of their vision and the commissioner's. This skepticism has been aroused by rude and contemptuous behavior toward them from the commissioner on a numerous occasions.

Members of CVSEN doubt that anyone who understands Matthew Fox could continue to berate them publicly and declare “war.” Probably, Lashbrook sent the Fox essay to wrap herself in a Buddhist robe and flourish a cross to ward off what she considers the evil spirit of eco-justice that might damage her political career and another chance for financial gain.

Rev. Dr. Ryland was consulted for his interpretation of Lashbrook’s letter and how it related to Fox’s essay.

Rev. Dr. Ryland replied:

The item and the letter from Living Farms is the oldest yet new use of a spin attempt to sound like the same , but the actions of the person do not support the work of Matthew Fox. The use of spiritual and negative energy etc. makes her sound like she is using your words to appear a true environmentalist . Coming from commissioner, viewed together with her actions, this is the latest in using words without any definition. Words like democracy and freedom by the present administration are other good examples.
I am reading the article by Fox and we can talk later.
Bob

We did talk later. Rev. Dr. Ryland asked,

"What in the world is this commissioner doing by trying to outdo the eco-justice movement in the county. There are no terms that are sacred anymore. Anyone who objects to a decision by the board or the council is labeled an ‘environmental terrorist.’ So people don't know who's right. This is just a way to neutralize the fine work eco-justice work that has been done in Merced County for 30 years. This kind of spin has never been as blatant as it is right now. It's like ‘justice’ according to Bush, which means ‘just us.’”

Commissioner Lashbrook, with the encouragement of Supervisor Kelsey and others, is working ceaselessly, in public and private, to deny the efforts and successes of those who have been in the eco-justice movement in the county for decades, establish herself as a spokeswoman for environmentalists in the San Joaquin Valley, without a clue to the work. She is positioning herself as an authority, establishing her word as authoritative within the numerous public groups where she serves as officer or paid staff. These groups imagine they'll get special treatment now that Lashbrook has become a planning commissioner. Outside the county, she is riding on an eco-justice history she had nothing to do with.

Judging from her behavior in her declared war against CVSEN, it seems that Commissioner Lashbrook is being promoted by elected officials and the finance, insurance and real estate special interests behind them, certainly including UC Merced and the UC/Great Valley Center, as a substitute for the steady, well-documented, effective legal work and public participation of local advocates for many years.

Eco-justice veterans in Merced are aware that there are lobbyists and propagandists in the pay of public and private special interests intent on turning the San Joaquin Valley into the new San Fernando Valley. If local elected officials appear frequently incapable of strategy, these hirelings – of city halls, county seats, the state Capitol, Washington and of financial capitals around the world – are capable of strategy and tactics and do wish to deny the distinguished history of eco-justice activism in Merced and surrounding Valley counties carried out by the Central Valley Safe Environment Network and its collaborating groups.


7-10-07
Merced Sun-Star
Think California is crowded now? Just wait until 2050...Judy Lin, McClatchy Newspapers
http://www.mercedsunstar.com/local/story/13773377p-14354506c.html

By the year 2050, California's largely white baby boomers will have passed on, giving way to younger, second or third-generation Latino families. Latinos are forecast to make up 52 percent of the state's population by midcentury, compared to 26 percent white, 13 percent Asian, 5 percent black, 2 percent multiracial and 1 percent American Indian or Pacific islander. The projections also showed California will add more than 25 million people by 2050, bringing the state population to just under 60 million. According to state statistics, the Golden State is projected to hit the 40 million mark in 2012 and 50 million by 2032. The California State Department of Finance projects the Merced County's population at 266,700 in 2010, 292,400 in 2015 and 322,700 in 2020. The Merced County Association of Governments projects the county's population in 2030, the furthest out it has made such a projection, at 417,200.

The commissioner seems to be involved with several groups, many of whose members are attending staff-directed General Plan Update focus groups from which veteran participants have been barred. Lashbrook and her associates establish their legitimacy with local politicians by declaring their lack of affiliation with the well- established, well-recognized and highly effective eco-justice movement in Merced County.

Lashbrook is just the latest version of the California political line wherever land-use policy is found: Every interest is a special interest; the public interest is not the common good or the public trust, but the special interest of any land-use authority. Participants in public processes are lectured to by politicians being told to be as nice as developers and their lobbyists. Politicians also instruct members of the public to come up with solutions to environmentally destructive development they had no part in planning and that land-use authorities are approving.

Eco-justice work is the cultural solution to environmental problems. It is not self-promoting propaganda that twists a vocabulary created by years of environmental struggle into self-dealing verbiage in search of public grant funds and political advancement.

There is a crisis of legitimacy today in government among elected and appointed officials from Merced County to Washington – from county planning commissioners to congressional representatives. They are in the pockets of finance, insurance and real estate special interests from phony environmentalists on the planning commissioners to “Blue Dog” Democrats in Congress. The eco-justice movement in Merced County has no crisis of legitimacy. It has a long, distinguished record of accomplishment defending environmental, economic and social justice.

Spouting the latest environmental buzzwords is not the same thing as a record of 30 years of hard eco-justice work. In fact, apropos of the present letter, people who spout the latest eco-buzz will not in any way be able to understand the words of Matthew Fox because they have had no experience with the struggle of faith, integrity and sacrifice from which Fox writes. But, there is a group of people in Merced who have long practiced what Fox preaches “within the system.” Lashbrook’s inability to find them suggests a condition of blindness brought on by her political connivance with the corruption of local government and its horrific financial consequences.

Speaking from within the Buddhist tradition, which the commissioner is using as her whip on the backs of eco-justice advocates this week, eco-justice workers agree with the 12th century Soto Zen priest, Dogen, who said that – from mistake to mistake, one continuous mistake is also a path. Enlightenment by this path comes from the consequences of the mistakes, or the sound of one hand slapping, over and over again.

Rev. Dr. Ryland suggested that Lashbrook and her followers, simultaneously at war with eco-justice while writing grant proposals in its name, simply couldn’t produce a proposal honest enough to pass the smell test. He reflects on years of grant reading:

Just some things to think about when reading any request for money.

1. Follow the money and to whom does the money go to carry out the proposal.
2. Who are the primary actors and what is their track record in relationship to the purpose of the goals in the mission statement? What is their history before this new proposal was written?
3. What positions are mentioned in the budget and what are the qualifications listed?
4. Who is pushing this proposal the most??
5. Would you do this work if not for these public funds?
Words used today do not have the same meaning to everyone, even when English is used. Words like “rural,” “environment,” “development,” and “concern for the river” need to be defined in the acts of those using the terms.
Just listen to the words used by elected officials and those running for office.
As we have conversations with others we realize they live in very different realities and terms we use and understand are twisted and come back to bite us.
I am sure this is old stuff to you: the people may change and the words may be the same, but the motive and history of those involved is always there. If they look like skunks and smell like skunks, they usually are skunks. (a Ryland truism)
Rev. Dr. Bob Ryland

CENTRAL VALLEY SAFE ENVIRONMENT NETWORK
MISSION STATEMENT

Central Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of “Eco-Justice” — the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers, ranchers, city dwellers, environmentalists, ethnic, political, and religious groups, and other stakeholders.

Sincerely,

Central Valley Safe Environment Network
San Joaquin Raptor/Wildlife Rescue Center
Protect Our Water
San Joaquin Valley Conservancy
Stanislaus Natural Heritage Project
---------------------
Subject: Minutes of June 14, 2007 East Merced Resource Conservation District Meeting by Telephone

Gwen Huff said letters were written to legislators by Pat Ferrigno. The Farm Bureau and Diedre Kelsey were OK with the grant. Huff asked that an emergency item (4a) be placed on the agenda because Ferrigno had written to the legislators, calling for a response from the EMRCD to Ferrigno’s letter.

They took a roll call vote.

On the call at this time: Gwen Huff, Cathy Weber, Karen Barstow, Glenn Anderson, Cindy Lashbrook Karen Whipp, Tony Azevedo, and Lydia Miller. Miller was never asked if a public member was on the phone.

Attempts were made by email and fax to get Bernie Wade on the call. Wade had called the wrong number and was put on indefinite hold. He joined the meeting late.

The purpose of the special meeting was a letter of support for the 4-H Wells Project.

Lashbrook, having just checked her email, brought up the need for EMRCD to sign on to the California Rangeland Conservation Coalition letter to the Governor about the Williamson Act. Sign on deadline was the next day. Weber said the board would like to see the letter.

Wade finally got on the call, requiring a briefing of all that had already happened.

After Huff told Wade about the need for a letter to the legislators to reply to Ferrigno’s letter, Wade asked, “When is this going to end?”

Lashbrook replied: “We’re at war.”

There was a discussion about the ingratitude of the Merced River Stakeholders. Wade recommended that the stakeholders should be cut out.

The board authorized the letter on the 4-H Wells Project, but didn’t authorize either a letter to legislators in reply to Ferrigno’s letter or the letter to the governor on the Williamson Act. Wade and Weber expressed irritation with being presented with 11th-hour decisions (referring to the Williamson Act letter).

Lashbrook brought up the idea of a means to streamline the authority process.

The board decided on an agenda item to ask the stakeholders how they wished to be involved with the EMRCD in the future.

Azevedo said he would be out of town for the board meeting on June 20. It was to be held at Golden Bi-Products Tire Recycling Co.. Barstow said the company had teleconferencing capability.

Submitted July 17, 2007
By Lydia Miller, president
San Joaquin Raptor/Wildlife Rescue Center

------------------------

----- Original Message -----
From: livingfarms@clearwire.net
To: Raptorctr@bigvalley.net
Sent: Monday, July 02, 2007 10:50 AM
Subject: [POSSIBLE SPAM] Right Livelihood

This article - Right Livelihood - has been sent to you by livingfarms@clearwire.net.
Dear Lydia, In doing a little soul-searching on why this type of energy is coming my way, I ran across this article. The spiritual part makes me a little uncomfortable, which probably means it is time to approach it. I do know that you know, or could if you wanted, that I have been working on cultural solutions for environmental problems for decades, and always vowed that when my kids didn't need much of my time, anymore, that I would do more community work. Do you b elieve that it is unethical to have careers in the fields that we have a passion in? Is there anyone trying to work within the system that you admire that I could learn from?I also know that I tend to criticize others for those traits that I see, but don't like, in myself (Human Nature...Ugh!!?!).I am sad that people that seem to have similar visions can't find ways to enhance each others' work.Later, Cindy
--------------------

Spring 2001 Issue: Working for Life
Right Livelihood
by Matthew Fox

Any discussion of right livelihood has to address the following question: Is the work we
are doing good for the Earth and its inhabitants now and for seven generations into the
future?

Much of our work today would flunk that test. The despoiling of the Earth's health by laying waste to forests, soil, waters, other species, ozone, diversity of plants - all this spells disaster for our species and most of the others with whom we share this amazing home we call Earth. Likewise, the despoiling of souls that goes on in many of our work places does not bode well for a sustainable future. Furthermore, the gap between the haves and have-nots has never been greater, and unemployment is a species-wide disgrace at a time when so much good work needs doing.

What is our work doing to the world? What is it doing to our souls? How can we make things better?

To make work into right livelihood, we must pay attention to just who we are as a species - our strengths and our weaknesses - for it all displays itself in our work. Consider, for example, that today's science is teaching us that each human has been given three brains: a reptilian brain, a mammalian brain, and an intellectual/creative brain.

The reptilian brain, what I call our crocodile brain, is by far the oldest. Crocodiles are win/lose creatures. The crocodile brain gives us our action/response quickness and operates our sexuality and our respiratory system as well. The worst expression of crocodile brain on the planet today has to be the global corporate consciousness that is willing to swallow whole the future of planet and citizens alike in a win/lose scenario
of corporate profit taking. This happens because our ancient crocodile brain is so closely linked to our most recent and most powerful intellectual/creative brain. This brain, so new on the planet, distinguishes us from other creatures. It is the reason our mothers suffered so in bringing us into the world: our brain is too big for the birth canal. This brain can choose to serve the heart or it can choose to serve greed and rapaciousness. With this brain we can create symphonies or we can create gas ovens to make our evil impulses more efficient.

What to do? It is time to tame the crocodile brain. Curiously, in the West, we have myths of killing the crocodile, such as St. George or St. Martin de Tours slaying the dragon. In the East there is a tradition of honoring the dragon, dancing with it, and giving it its due. Dancing with the dragon means befriending the reptilian brain, learning to pet it. This is done by ritual and also by meditation practices. Meditation teaches us to be at home with solitude, and solitude is a reptilian thing - reptiles like being alone, they do not bond. Every human has to learn to be at home with solitude, and this is learned by meditation practices.

The gift of compassion

Our second task is to couple the intellectual/creative brain more with the mammal brain than the reptile brain. Why the mammal brain? This brain is our brain for bonding. Mammals bond; reptiles do not. Mammals have breasts and uteruses; interestingly, the Hebrew word for compassion comes from the word for womb. Mammals introduced compassion to the planet. But of a limited kind. Dian Fossey, who lived among gorillas, never observed gorillas showing compassion to any non-gorilla. The same holds for Jane Goodall, who lived among chimpanzees. She found that chimpanzee compassion was limited to the chimpanzee nation alone.

We humans, who are part chimpanzee and mammal, are here to broaden the practice of compassion on this planet. Does this not explain why so many of our spiritual leaders - from Isaiah to Jesus, from Buddha to Lao Tzu, from Gandhi to Black Elk, from Chief Seattle to Martin Luther King, from Dorothy Day to Mother Theresa - were instructing us in one thing: How to be compassionate?

To be compassionate is to live out the truth of our interdependence. Compassion is not about feeling sorry for another. It is about so identifying with others that their joy is my joy and their pain is my pain, and consequently we do something about both. Compassion therefore leads to celebration on the one hand and to relieving pain and suffering on the other. "Compassion means justice," Meister Eckhart said six centuries ago, and he was right.

There will be no compassion if we cannot tame the reptilian brain. There will only be more win/lose energy, more greed and violence. Gandhi and King are examples of people who, in their nonviolent strategy, committed themselves to recycling the hatred of reptilian brain into love and awareness.

(The political monkey business that went on recently in Florida was less monkey than it was crocodile energy. The high voltage of win/lose energy being released there in the shadow of the Everglades with its morphic resonance of reptilian energy, seemed a very logical place for a political crocodile game to play itself out. And crocodiles they were, all over CNN and network TV.)

How do humans tame their crocodile brains? Meditation is probably the most effective way.

Two stories have come my way recently, both having to do with the workplace. Prison is the place where we generally dump the "losers" in the high-stakes game of win/lose capitalism; the prison-industrial complex is growing like no other industry these days. Two years ago, I learned about something remarkable happening at the biggest youth prison in America, one located outside of Los Angeles. The place had been a hell hole for years, with 600 prisoners in their late teens driven by gang violence within the prison and without. In desperation, I am told, the warden invited three Buddhist monks to teach the prisoners to meditate. At the time, 99 percent of the prisoners were Baptist or Roman Catholic (meaning probably Black or Hispanic) and they didn't know what a Buddhist monk was or what meditation meant. Gradually, however, they settled down to the experience and the energy of the entire place changed from being violent, us-versus-them, and win/lose to being a place of human respect. What did this change in a workplace cost?

Probably three bowls of rice daily for the Buddhist monks teaching meditation.

Meditation calms the reptilian brain, turning the crocodile into a kind of pet within us.

Don't underestimate the power of meditation.

I know a professor of engineering at a major US university who was despairing of academia's pathologies until he entered our university and got in touch with his own "right brain" through exposure to spiritual traditions and practices. Now he is organizing a conference for engineers in which they can rediscover their connection to mysticism, awe, and aesthetics. He has also chosen to go to tribes in the Amazon to help
them construct wells powered by solar energy.

So we can change even our most violent work places, called prisons, into humane places of existence through a practice called meditation. This practice calms the killer instincts in us and allows our more compassionate, communitarian, and bonding selves to emerge.

What if this kind of change in the work world were to spread to businesses, academia, politics, economic institutions, utilities, religions - in short to wherever humans work?

Such training ought to begin in grade schools. Education ought to acknowledge that we have three brains, not just an intellectual one. It ought to make room for creativity, and the essence of education ought to be the proper disciplining and releasing of our creative brains. Compassion begins in the heart with bonding (the mammal brain), but compassion extends to all beings with the help of the uniquely human
intellectual/creative brain.

Instead, in all the political posturing I have listened to about education, there seems to be one criteria: Who can promise the most exams for our kids. Exams do not train the mind for creativity. Education will not be renewed by more exams but by more focus on that which is uniquely human - our capacity for creativity. The crocodile brain, among other factors, is holding us back from our creativity. We must tame it to get to both compassion and creativity.

Education for life
We have to speak about education when we speak about right livelihood because educated people are destroying the Earth. Thomas Berry says most of the destruction of the planet is being accomplished by people with PhDs. Mahatma Gandhi, when his dream of freedom for his country was achieved, responded to the question, "What do you fear most?" with this answer: "The cold hearts of the educated citizens."

Has contemporary, post-modern academia made any strides in educating the cold heart and warming and melting it since Gandhi spoke these words over 50 years ago? I am afraid not.

The crocodile brain is alive and well in most of academia - uncriticized and unchecked.

The education industry seems incapable of critiquing itself. It needs alternative models.

This is why we started a new university in downtown Oakland five years ago, one that is committed to bringing "universe" back to university (i.e., cosmology as the center of the university) and bringing creativity alive in the students. Our doctor of ministry program focuses on bringing spirituality to the workplace. The 370 students who have joined the program in less than three years all feel a common lack in their previous training.

Whether they are engineers, business people, scientists, mental health workers, therapists, clergy, or artists, all are seeking spiritual practice and training. The most radical and indispensable way to achieve right livelihood is to change the way we train people for work. In our culture we call that education.

It is not enough to find peace. One must also make peace, and this cannot be done without justice. Spiritual practice and ethics must go together. The purpose of meditation is not to make the slavemaster more efficient, but to set in motion strategies and alliances of equality.

Right livelihood came home to me in Salina, Kansas, this past year, where I was visiting the Land Institute directed by farmer Wes Jackson. What I love so much about Wes Jackson is that behind that Methodist farmer's smile and sweet drawl there lies a wily, radical, and committed prophet of a farmer. He believes that we have been doing farming wrong for 10,000 years. Instead of turning the soil over every year and thereby inviting erosion and loss of soil, he is demonstrating that we could be farming by imitating the prairie, which creates soil rather than destroying it.

Wes' critique of his own livelihood gives me - and I hope the rest of us - permission to critique ours in an equally radical manner. I ask: Have we been doing education wrong for 10,000 years? Have we been doing religion wrong for 10,000 years? Have we been doing business wrong for 10,000 years? How about journalism and the media? In short, have we been doing work wrong for a long, long time?

Isn't it time to wake up? Time is running out. Our species will not survive if we do not commit to sustainability in its many forms - not only solar-driven energy sources but also solar-driven (as distinct from reptilian-driven) consciousness. We need to learn to breathe in and out the gift of healthy sunlight (which is literally the air we breathe) and not take it for granted. We need to ground ourselves, connecting to the Earth from which we come and to which we shall all return.

The despoiling of the Earth is not only ecocide; it is also suicide. The distractions we are fed daily by advertisers do not substitute for laying out an agenda of needed work as distinct from work that feeds greed and unsustainable consumerism. As Gandhi warned us, "there is enough for everyone's need, not for everyone's greed." Right livelihood begins with need. It ends with celebration.
--------------------------------------------------------------------------------

Matthew Fox is founder and president of the University of Creation Spirituality in Oakland, California, co-chair of the Naropa University master's program in creation spirituality, and author of several books, including The Reinvention of Work.

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Rancho Cordova/Tsakopoulos lose vernal pool case

Submitted: Jul 09, 2007

7-7-07
Sacramento Bee
Rancho Cordova stymied
Worried about vernal pools, judge overturns OK of the Preserve housing project.
By Mary Lynne Vellinga
http://www.sacbee.com/101/story/260784.html

A Sacramento judge Friday overturned Rancho Cordova's approval of a proposed development that has put the city at odds with federal environmental agencies.

Superior Court Judge Patrick Marlette ruled that the city did not adequately spell out how it would mitigate the loss of vernal pools in the Preserve, a development of 2,700 homes planned for the middle of the Sunrise Douglas Community Plan.

The Rancho Cordova City Council adopted the plan for the Preserve in 2006, but construction remains on hold as the city spars with federal regulators over protection of vernal pools.

The California Native Plant Society sued in September. The group contends that the Preserve -- as designed -- would have a devastating effect on some of the finest vernal pool habitat in the Sacramento region.

Carol Witham, a local leader of the society, called Friday's ruling "a win for what the California Native Plant Society regards as the Yosemite of vernal pools."

Vernal pools are seasonal wetlands that fill in winter, flower in spring and host a variety of endangered plants and animals, including tiny shrimp and plants such as the slender orcutt grass, which in the Sacramento area occurs only in the Sunrise Douglas area, Witham said.

In his ruling, Marlette found that Rancho Cordova had improperly "deferred" the issue of habitat mitigation on the 530-acre Preserve property.

Rancho Cordova's general plan contains a "no net loss" of wetlands policy, yet the plan for the Preserve failed to specify where the proposed off-site mitigation land proposed for the development would be.

Marlette also found that the city also failed to disclose potential impacts of groundwater pumping on fish in the Cosumnes River.

The judge stressed Friday that he was not taking sides in the ongoing fight between Rancho Cordova and federal environmental regulators, who envision a wetlands preserve flowing through the property along a major tributary of Morrison Creek.

Developer Angelo K. Tsakopoulos and his partners, who own the land, have received hearty backing from Rancho Cordova to build a tightly packed "town center" on the site and reroute Morrison Creek under a power line corridor.

"It's clear to me that the city wants this, and I'm sure it would be a wonderful plan, but there are rules out there with regard to the sharing of information with people who might have interests other than the City Council," Marlette said.

Federal officials did not formally intervene in the lawsuit. But letters from the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service and U.S. Army Corps of Engineers to the city of Rancho Cordova were used to bolster the native plant society's case.

Under the plan approved by the city, a 92-acre wetlands preserve would be retained in one corner of the site, but it would be less than half of what the federal agencies have endorsed.

Tsakopoulos is proposing to mitigate most of the wetlands lost at an unspecified off-site location.

Rancho Cordova Councilwoman Linda Budge said Friday that she and her colleagues haven't had a chance to discuss whether they will appeal.

"That is one of the most beautifully designed projects that we've had come before us," Budge said. "I find it quite mysterious that there could be anything anyone could object to. ... It is a town center right in the middle of the Sunrise Douglas area."

Witham said she hopes the judge's ruling forces the city of Rancho Cordova to redesign the project so it complies with the wetlands preservation strategy laid out by federal regulators for Sunrise Douglas.

That conceptual strategy, a compromise agreed to by the other Sunrise Douglas property owners, envisions a linear preserve running through the community along the natural alignment of Morrison Creek.

Under this scenario, Tsakopoulos would be required to keep about 220 acres in open space.

"It would take almost half the site in the middle of the city," said his lawyer, Jim Moose.

Even if the city's approval of the Preserve had not been overturned, Tsakopoulos still would have to obtain permits from the federal agencies before he could build. Moose said Friday his client hopes to persuade the federal agencies to modify their stance.

Phil Seymour, a lawyer for the city, downplayed the significance of the preservation strategy endorsed by the federal regulators, saying it had not been formally adopted.

"No environmental study has ever been done on the conceptual plan, no feasibility study has ever been done. It's one step above being written on a cocktail napkin," Seymour said.

The ruling in favor of the California Native Plant Society comes against a backdrop of legal uncertainty surrounding the larger Sunrise Douglas development, which is partially built and eventually will include about 18,000 homes.

In February, the California Supreme Court ruled that the environmental review for Sunrise Douglas was inadequate. Building has continued, however. Ultimately, it will be up to a Sacramento Superior Court judge to decide what additional environmental review is needed -- and whether to order construction to stop.

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Financial hemorrhaging continues

Submitted: Jul 08, 2007
“We have always known that heedless self-interest was bad morals; we know now that it is bad economics.” So declared F.D.R. in 1937 ... Paul Krugman, New York Times, July 9, 2007

The public of the north San Joaquin Valley remembers being told by its elected officials, planning staff with advanced degrees in urban planning, lending institutions, insurance companies and realtors (even those not elected to local land-use authorities), that our growth boom was all planned, it would pay for itself, and prosperity was right around the corner.

Today, the region is an open financial wound of unknown consequences. What does this really say about the quality of our business and political leadership? Land-use policy based on unprincipled greed is the only possible policy "in the real world"?

Badlands editorial staff
-----------------

7-8-07
Modesto Bee
Bidders beware...J.N. Sbranti
http://www.modbee.com/business/story/13768548p-14349914c.html

Another home foreclosure auction is headed to Modesto, and it's got potential bidders hankering for a bargain. Bidding rules will be different for the next big auction, scheduled by Hudson & Marshall for July 19 at Modesto Centre Plaza. And more auctions are expected to be held later this summer and fall. That's because lending institutions have repossessed thousands of Northern San Joaquin Valley homes, and they're eager to sell them any way they can.\

7-7-07
Sellers asking too much...Robert Bauer...Letters to the editor
http://www.mercedsunstar.com/opinion/story/13765764p-14347322c.html

"Homes out of Reach"...I would have thought that the article that followed would interview people priced out of the Merced-Atwater housing market, with a few decent data points to relate National City's "overpriced index" to local incomes and housing affordability...the sum of the presentation consisted of two parts: a local couple lamenting their inability to sell their home at a price above the area average...while at the same time complaining that the cost of living in Merced is "outrageous," and a local Realtor repeating the line, "It's a great time to buy,"... while at the same time complaining that the cost of living in Merced is "outrageous," and a local Realtor repeating the line, "It's a great time to buy,"while at the same time complaining that the cost of living in Merced is "outrageous," and a local Realtor repeating the line, "It's a great time to buy,"... While reporter Leslie Albrecht has written a number of times on the impact of excessive home prices, the real stories behind the headlines are only now becoming evident — of the thousands of local residents priced out of a home of their own, of recent homebuyers stuck with overpriced homes and abusive mortgage loans in a falling market, and the lender-mortgage broker-Realtor complex that has shamelessly promoted ever-higher housing prices for their own profit.

Modesto Bee
Realty market hasn't hit bottom yet, experts say...Ben van der Meer
http://www.modbee.com/local/story/13765796p-14347331c.html

The Northern San Joaquin Valley's real estate market could turn around early next year, but probably not before sales numbers fall further. Leslie Appleton-Young, chief economist for the California Association of Realtors, made that prediction at Friday's gathering of the Central Valley Association of Realtors at the River Mill. Median home prices statewide have continued to edge up...sales of homes at the lower end of the market have slowed dramatically...because first-time home buyers are having a tougher time getting financing. That has created an oversupply and further depressed prices...first-time buyers have difficulty getting loans because of the fallout in subprime loans. Appleton-Young said that in the long term, the valley and the state's real estate could rebound because jobs and population are rising. She specifically noted that Merced County is outpacing state job growth while San Joaquin and Stanislaus counties are adding nonfarm jobs at a more modest rate. Mike Kelly, a Realtor with ReMax Executive in Modesto..."The one thing sellers are very quick to do during a boom is adjust upward,"..."They're not so quick to do that when prices are falling."

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Lloyd Carter: The growing selenium threat

Submitted: Jul 06, 2007
Although drainage flows to Kesterson were halted in 1985 following intense media exposure of the problem, selenium-contaminated farm drainage continues to flow to many wildlife refuges in more than a dozen western states, and food chain levels of selenium in those refuges reveal a continuing threat to bird populations. -- Lloyd Carter, Fresno Bee, July 5, 2007

Prominent people in the public affairs of Merced County, home of the Kesterson National Wildlife Refuge selenium disaster, think you need a grant to do "outreach and education." The grant, goes the logic of its recipients, legitimizes the source of the information.

Fortunately for what's left of the Valley's natural resources, not all people wait for the grants and the blessings of the politicians to do their "outreach and education."

At a recent festival on the Merced River-side ranch of a county planning commissioner, a member of the board of the East Merced Resource Conservation District, described a lecture by author Lloyd Carter on the rivers of the San Joaquin Valley as a negative "rant."

Carter is among those who rose to the emergency of Kesterson, sacrificing his career in journalism to do the honest stories that had to be done. He didn't wait for a grant, a politician's or a publisher's blessing. He reported the truth, based on the facts, and still does.

Lloyd Carter, like Felix Smith, Lydia Miller and a few others, have done the work, do the work and will continue to do the work -- without the grant, the political or editorial kisses.

The editors, publishers, federal and state resource agencies and western agribusiness hope that we will forget. Carter, Smith, Miller and a few others won't let them lead us into amnesia.

Bill Hatch
-----------------------

7-5-07
Fresno Bee
LLOYD CARTER: Selenium poisoning is still a threat today
http://www.fresnobee.com/opinion/wo/story/77691.html

It has been nearly a quarter of a century since federal scientists discovered that selenium in Western San Joaquin Valley farm drainwater was triggering massive embryo deformities in ducks and shorebirds and killing all the edible fish at the Kesterson National Wildlife Refuge.

The fish die-off and deformities or embryo deaths in more than half the Kesterson nests were caused by selenium that had been leached from the western Valley soils by irrigation practices and then dissolved in subsurface drainwater funneled to the "refuge." Scientists would rediscover that selenium, while a micro nutrient, is the most toxic of all biologically essential elements in mammals.

Officials of the U.S. Bureau of Reclamation, which built the federal irrigation facilities on the west side, and political appointees at the parent Department of Interior initially claimed the Kesterson selenium poisoning was an isolated problem.

But as investigations spread to other national wildlife refuges, selenium contamination was confirmed in the southern San Joaquin Valley (Tulare basin), Salton Sea, Utah, Nevada, Wyoming, Colorado, Montana, New Mexico, Arizona and Kansas.

Now 25 years later, with hundreds of millions of dollars on studies and research spent, the Department of Interior still has no selenium safety standards for wildlife, although a committee was appointed in 1989 to adopt such standards. Yet the evidence continues to grow that selenium poisoning, caused by farming, mining, coal burning, oil refining and other industrial activities, is occurring all over America.

According to the U.S. Geological Survey Web site or other Internet scientific sources:

Six horses and between 200 and 300 sheep died from grazing on selenium-laced plants near phosphate mines in Idaho between 1996 and 2003. Phosphate mining of shale soils to make fertilizers generates large amounts of selenium-laced mining wastes, which contaminate waterways and land.

Hay from western states high in selenium is suspected of causing selenium poisoning in horses in Missouri, according to University of Missouri veterinarians.

Fish and ducks in San Francisco Bay have elevated selenium levels.

Cutthroat trout are disappearing from streams along the Idaho-Wyoming border because of selenium contamination from phosphate mining.

Shellfish and birds in the Great Lakes region have elevated selenium levels.

Although drainage flows to Kesterson were halted in 1985 following intense media exposure of the problem, selenium-contaminated farm drainage continues to flow to many wildlife refuges in more than a dozen western states, and food chain levels of selenium in those refuges reveal a continuing threat to bird populations.

Dennis Lemly, of the U.S. Forest Service, who is considered a premier expert in America on selenium poisoning of wildlife, has described the disappearance of fish in southeast Idaho as "an insidious ticking time bomb."

Seventeen of 26 closed phosphate mines in Idaho have been designated Superfund sites by the Environmental Protection Agency. EPA officials say not a single closed phosphate mine has ever been cleaned up. The current Secretary of Interior, Dirk Kempthorne, formerly served as a public relations spokesman for one of those phosphate mining companies.

Although Reclamation officials claimed they were surprised at Kesterson, it is only because they did not do their homework. Selenium poisoning of livestock and forage foods had been known for decades in the Dakotas and the southwest. High levels of selenium were confirmed in the Coast Range -- parent soil material of the western San Joaquin Valley -- in 1939.

Time magazine complained in a 1933 article that the U.S. Department of Agriculture was "inclined to silence" about selenium poisoning of cattle fed wheat, corn and alfalfa grown on high selenium soils in the American Southwest dating back to the 19th century.

The late David Love, "grand old man of Rocky Mountain geology," warned in a famous 1949 memorandum, which he later claimed was suppressed by the Department of Agriculture, that farming and irrigating high selenium soils in the American West would create an environmental disaster.

And closer to home the Westlands Water District, which once funneled its selenium-laced waste waters to Kesterson, now faces a drainage disposal problem that may cost in excess of $2 billion. Surrealistically, Interior officials are suggesting the construction of more Kesterson-like evaporation ponds as a "solution" to the farm drainage problem. Federal irrigation districts north of Westlands now drain their selenium-laced waste waters into the polluted lower San Joaquin River and want to continue doing so.

In 2007, with the Kesterson debacle a memory, the federal government is still "inclined to silence" about the extent and seriousness of the selenium problem. You don't hear politicians giving speeches about the selenium threat.

Federal scientists tell me selenium impacts on bird reproductivity are still occurring here in the Valley and elsewhere in America where farming and mining on high selenium soils is slowly but surely contributing to the steady decline of bird and fish populations.
Lloyd Carter, a Fresno lawyer, is director of the California Water Impact Network.

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UC Merced bobcatflaksters now flogging disease-of-the-week

Submitted: Jul 06, 2007
UC Merced Now Home To The Only Animal Research Facility In The Valley
...Roy Hoglund, lab animal resource center director, says "after 4 weeks, the animals are sent to U.C. Davis, the comparative pathology for rodent health diagnostic testing."
...But faculty members also realize animal research labs are often the source of controversy. Just last week, the FBI was called to UCLA ...Ana Nelson Shaw says "we certainly support the right of everyone to have and express their opinion in a safe and legal way. As soon as anybody crosses that line, we will take every step to protect our researchers and of the animals in our facility."
-- ABC30.com, July 3, 2007

...Although UC Merced officials say they haven't received any comments or concerns from animal rights advocates about the vivarium, that does not mean they are not taking precautions. -- Merced Sun-Star, July 4, 2007

The UC Merced Bobcatflaksters have got to spin this lab to a fare-thee-well and so, of course, they sought the help of the obliging media.

UC Merced is not the home of the only animal research facility in the Valley. UC Davis has been conducting animal research for many decades and UC Davis is located in the Valley. There is probably other animal research going on in the Valley and it has probably been going on for a long time.

Both stories focus on the animal-activist threat, akin to Supervisor Nelson's "socialist" threat and the "asthma terrorist" threat other public officials see in air-pollution activists exercising their Constitutional rights to speak and demonstrate.

The threat the Bobcatflaksters have gently but firmly guided the dim-witted reporters and their cowardly editors away from seeing is the threat of the lab to the population. It's a slick piece of work, worthy of the great, bygone era when Carol Tomlinson-Keasey, the Cowgirl Chancellor, ruled the grounds of the former municipal golf course, ably assisted by Larry Salinas, her quick-witted, sawed-off sidekick in cowboy boots.

Students of the profoundly corrupt boondoggle known as UC Merced scent a quickening of the breeze, a new purpose to the bobcatflak, a new theme. Since it cannot be undergraduate education for the San Joaquin Valley, the campus having admitted it is now a junior college for transferring the able few on to real UC campuses, we look to the only viable academic credential UC Merced has, its memorandum of understanding with UC/Bechtel et al/Lawrence Livermore National Laboratory. The Lab is now contending with a few other sites to put a biowarfare laboratory (one at the highest level of danger to the public) near Tracy, on its Site 300 bomb-testing range.

The proposed bio-facility is slated to cover 500,000 square feet, the size of 5 Wal-Marts. It will house the most lethal pathogens on Earth, with both BSL-3 and BSL-4 capacity. Biosafety Level-3s experiment on infectious or exotic pathogens that are potentially lethal, such as live anthrax, plague and Q fever. Biosafety Level-4s are reserved for extremely exotic biological agents for which there is no known cure, such as Central European tick-borne encephalitis. The biological research will spread across a minimum of 30 acres to accommodate large animals, according to the agency's request for proposals in the federal register. -- TriValleyCAREs, April 16, 2007

The question that the local media lacks the courage to ask is the only question the public needs an honest answer to: what is the biodanger level of the UC Merced animal lab now? What sorts of diseases will be brought to Merced to inject into the laboratory animals? What could happen to students on the campus and the public beyond the campus if these diseases get out? What are the safety measures? What are the procedures if there is an accident?

Local government is utterly dominated by finance, insurance and real estate special interests (FIRE). To make matters worse for the purposes of public safety, the huge speculative real estate boom induced by the UC Merced campus has crashed, leaving the county, along with Stanislaus and San Joaquin, leading the nation per capita in mortage foreclosures. The promise UC Merced dangles before these hapless tools of outside interests is that a medical school will soon arrive. Miraculously, doctors and nurses and laboratory scientists and their assistants will fill the vacant homes whose values are now falling below the cost of their construction. It's the new campaign. The bobcatflaksters providing cover, the boosters can again step onto the bandwagon and off Merced goes, once again, to a glorious future. It hasn't quite arrived yet, (as always), but "we're on our way." Meanwhile, watch carefully for the agents of espionage and sabotage and forget about the agents of arbitrage.

Epidemiologically speaking, our FIRE special interests are playing host to diseases that are not good for public health and safety. As plans for the Site 300 biowarfare lab mature, it is likely the diseases will become more dangerous.

A responsible local government would be demanding to know what the level of biodanger is now and what the plans of the UC Merced animal lab are. Neither our local government nor our media have the wit or the guts to even ask the question of UC Merced.

This isn't leadership; it's depravity.

Bill Hatch
---------------------

07/03/2007
UC Merced Now Home To The Only Animal Research Facility In The Valley
By Sara Sandrik
ABC30.com
http://abclocal.go.com/kfsn/story?section=local&id=5447581

- Animal testing usually comes with controversy, and U.C. Merced is preparing for that possibility. The new lab is equipped with security cameras and requires key card access. Officials say it's to protect the animals and the researchers.
Eight white mice are the first of thousands of rodents and a few rabbits that could eventually inhabit U.C. Merced. They're here to make sure the university's new laboratory animal research center is safe and sterile.
Roy Hoglund, lab animal resource center director, says "after 4 weeks, the animals are sent to U.C. Davis, the comparative pathology for rodent health diagnostic testing."
If these mice pass the test, more animals will soon be on the way. Researchers will use them to study a variety of conditions that affect humans, including diabetes and asthma.
Lab Director Roy Hoglund says stem cell research is also a possibility. "Most of the work that's going to be done here is going to be studying mechanisms of disease" says Hoglund.
The facility includes 9 animal rooms and 2 surgical suites. University officials say it's is an important step toward bringing a proposed medical school to the campus.
Ana Nelson Shaw, UC Merced, says "our plans for our medical school are dependent on biomedical research and very much of that depends on research that works with animals."
But faculty members also realize animal research labs are often the source of controversy. Just last week, the FBI was called to UCLA after animal rights extremists claimed responsibility for an explosive device found under a professor's car.
Ana Nelson Shaw says "we certainly support the right of everyone to have and express their opinion in a safe and legal way. As soon as anybody crosses that line, we will take every step to protect our researchers and of the animals in our facility."
And Hoglund says there are strict rules and regulations to protect the animals during testing. "Quality animal care equates to quality research and quality science" says Hoglund.
Along with federal guidelines, there is also a local committee that must approve all animal research before it's conducted here at the university.

7-4-07
Merced Sun-Star
UC Merced vivarium's first residents move in...Victor A. Patton
http://www.mercedsunstar.com/local/story/13755205p-14338127c.html

The university has received the first eight mice for its vivarium -- a 5,000-square-foot facility where mice, rats and rabbits will be kept for laboratory observation...animals will be used for a variety of research purposes, including study of infectious diseases of the immune system and stem-cell research. Roy Hoglund, UC Merced's director of animal research services, said the facility is the Central Valley's first vivarium. Before it was built, UC Merced researchers had to travel nearly two hours to Lawrence Livermore National Laboratory in the Bay Area to conduct research on rodents. Hoglund said although research on animal tissues and cells have occurred at the facility, actual animal testing may not begin for several weeks. Reporters with the Sun-Star and other media were allowed Tuesday to tour the facility, located in an underground area of the school's Science and Engineering Building. Hoglund said UC Merced staff spent weeks sterilizing the entire vivarium, which includes nine storage rooms for animals, four procedure rooms and two surgical suites. Visitors to the facility will be asked to wear sterile covering for their shoes in order to keep micro-organisms from entering the building. Researchers at Lawrence Livermore will help provide oversight and review during the vivarium's first year of operation. UC Merced has set up an Institutional Animal Care and Use Committee composed of faculty, a veterinarian and member of the community unaffiliated with the university to provide additional oversight and review and approve research activities. The school will also seek to have the facility approved by the Association for Assessment and Accreditation of Lab Animal Care International -- a private nonprofit organization that promotes the humane treatment of lab animals through a voluntary accreditation and assessment program. Although UC Merced officials say they haven't received any comments or concerns from animal rights advocates about the vivarium, that does not mean they are not taking precautions. During a media tour of the vivarium, camera operators were asked not to photograph the numbers on doors or exit signs inside of the building -- in order to not give away the specific location of the facility. With the completion of UC Merced's vivarium, all campuses in the University of California system now have vivarium programs, according to Jennifer Ward, UC Office of the President spokesperson.

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The Hun's dilemma

Submitted: Jul 05, 2007

Gov. Arnold Schwarzenegger has replaced the former chairman of the California Air Resources Board with Mary Nichols, secretary of the Resources Agency during the Gov. Gray Davis administration. The occasion for the switch according to the Hun's flaks was CARB's approval of the San Joaquin Valley Air Pollution Control District's decision to forestall the cleanup of Valley air for another 11 years, thereby, in the infinite legerdemain of air pollution regulations, also forestalling a possible cessation of federal highway funds. To keep on growing and adding to air pollution, you gotta have more roads funded by the federal government.

The problem with the appointment of Nichols comes clear when you see her relationship to UC Merced, the UC Merced Parkway project, and the Mission Interchange, the anchor tenant of which is the proposed WalMart Distribution Center that will add 1,200 diesel trucks a day to the City of Merced, smack dab in the middle of the worst air pollution region in the nation.

But (one can hear the Hun's brain ticking), she's a woman and a Democrat who served in the administration of the governor I defeated in the recall election. What's not to like about her?

The Hun has been schnookered by the Valley again. His legacy is supposed to be his support for AB 32, the California global warming bill that, without teeth, is supposed to do ... well, whatever. So, the Hun is against global warming and its man-made causes, some of which are connected to air pollution (if you do not remain skeptical about the power of computer modeling).

But the Hun is also an ardent supporter of the San Joaquin Valley Partnership and the San Joaquin Valley Blueprint, regional "planning processes" superceding local general plans.

The latter is co-chaired by Stockton-based Fritz Grupe, the largest developer in the north Valley and one of the principle funders behind representatives Pombo and Cardoza's last unsuccessful assault on the Endangered Species Act (2006).

But, says the ticking mind of the Hun, Grupe contributes to Democratic candidates, like Angelo Tsakopoulos does. I am safe.

However, Alex Spanos, whose construction company builds Grupe's subdivisions, is a Republican and a heavy contributor to the Hun.

It would be beyond the Hun to suspect political intelligence from the Valley. One cannot imagine what he thinks about the present situation on the Delta. Could the malevolent intelligence of agribusiness emanating out of Westlands Water District be involved with the probable extinction of the Delta Smelt? Impossible! Those people come from places like Fresno and Stockton, places that do not exist in Mondo Hun. Why Jason Peltier was assistant undersecretary of water for the Department of Interior (former water lobbyistm now future assistant general manager for Westlands via revolving door) or why RichPAC Pombo is now Stockton's water lobbyist would be quite beyond the Hun's comprehension.

The question to Schwarzenegger and Nichols is: Will CARB overturn its decision to approve the Valley air board's decision, which may have been the only course left open for it, considering it is dominated by pro-growth county supervisors like Mike Nelson, who calls the critical public "socialists" and others of Nelson's political stripe, who call them "asthma terrorists"?

Will the fine people who spoke and demonstrated before the regional air board be able to maintain their focus and publicly insist the Hun and Nichols overturn the decision?

Or, will everybody reach a happy, pointless consensus to chit-chat about it, while layer upon layer of regional planning grind on to the destruction of natural resources, wildlife species, quality of life and public health and safety in the San Joaquin Valley?

An irony local air quality activists should not be paralyzed by is that Nichols corrupted every state and federal environmental law that obstructed siting the UC Merced campus, working at the direction of former Rep. Gary Condit, former Assemblyman Dennis Cardoza, and both Condit's children, who were members of Gov. Gray Davis' staff at salaries of about $100,000 a year. These activists might ask why. They could consult former Condit chief of staff, Mike Lynch, now at UC/Great Valley Center. But, here's a version they might consider after going through that exercise in mindless obfuscation.

Davis won a stunning primary victory in 1998 over two candidates far better financed than he was. He did it again in the general election by employing an ancient political strategy: he took the San Joaquin Valley. Condit and Lynch were heavily involved in Davis' campaign strategy and tactics. Condit was the first member of the Democratic Party California Congressional Delegation to announce his support for Davis.

What Condit demanded in return was UC Merced. Davis promised it and delivered it and Nichols was his tool to get the campus through almost all of the permitting process in what state Senate Pro Tem John Burton, D-SF, called the biggest "boondoggle" he'd ever seen, and what Sacramento Bee political commentator Dan Walters described as "nothing but a land deal."

It is because of the growth induced by this boondoggle land deal that the northern San Joaquin Valley now tops the nation in per capita mortgage defaults.

Neither the Hun or Nichols are friends of San Joaquin Valley air quality.

Valley air quality activists should demand CARB rescind its decision on Valley air pollution. They won't achieve their stated goal but they will reveal a bit more of how willing developers are to threaten public health and safety for their profits and what total control of the state Capitol developers exert. And they will jam the Hun, Nichols and the Legislature up against their collective hypocrisy. Something closer to what we need could fall out of that confrontation.

It should be noted that this entire political fandango is occurring during the July 4 holidays. If might be the Best of Hollywood rerun but it's lethal political crap for the 20 percent of the Valley population that suffers from asthma. The probability of fire in the mountains and grasslands is higher now than it has been since 1988, when the most destructive forest fires in California history occurred. The sky is blue as I write. The odds are it won't be by the weekend. That smoke, trapped in this air pollution basin, again will cause untold misery here in the San Joaquin Valley among the young and the elderly. I hope we beat the odds for this weekend and the rest of the summer.

Bill Hatch

7-4-07
Sacramento Bee
New air board chief named...Peter Hecht
http://www.sacbee.com/111/story/255857.html

Gov. Arnold Schwarzenegger on Tuesday turned to a former top environmental official for Democratic Govs. Jerry Brown and Gray Davis to replace the ousted chairman of the state Air Resources Board. The move is being closely watched to gauge the governor's commitment to carrying out California's tough anti-global warming law, Assembly Bill 32, approved last year. In naming Nichols to the post, Schwarzenegger said he selected her to lead his effort "on clean air and climate change" based on her "30-year record of fighting for the environment. But environmentalists and Democrats criticized the characterization of the
personnel moves as a cover story for an administration that was micromanaging the air board and working too closely with industry lobbyists. Assembly Speaker Fabian Núñez, a leading proponent of AB 32, had charged that Sawyer and Witherspoon left their posts because "the administration was tying their hands behind their backs" and not allowing them to fully implement the law.
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8-8-06
What were they thinking?
Badlandsjournal.com

Reading this morning’s Merced Sun-Star article, “Freeway work has chopped up roads,” we couldn’t help asking the obvious question: What were our leaders – local, state and federal elected officials, their staffs, the staffs of the city and county of Merced, business and financial leaders, large land owners and the newspaper – thinking?

So, we return to the elemental parental question, when the child returns injured or having damaged his family’s or someone else’s property: “What were you thinking?”

What were the UC Regents thinking in 1995 when they certified the UC Merced environmental impact report and conceptual plan so vague it was meaningless?

What were the members of the board of the Virginia and Cyril Smith trusts thinking when they donated land full of highly environmentally protected wildlife habitat and endangered species for the campus?

What were they thinking when local, state and federal politicians began the backroom process in Sacramento, called the” Red and Green teams,” in 1998, to “fast-track” the environmental permitting process to get the UC Merced campus located on highly environmentally protected land?

What were the UC Regents and administration thinking when they ignored the opinions of the best biological experts on the ecology of that land, its own faculty?

What were Valley legislators and UC administrators thinking when they condemned the sound research in the Legislative Analyst’s Office report questioning the demographic and economic assumptions behind “Tidal Wave II,” that a tsunami of college students existed that would a new UC campus?

What were they thinking when they bussed to Sacramento enough grammar school pupils from Merced in brand new little UC Merced T-shirts, to fill the first-floor corridors of the state Capitol, cute little lobbyists for what the Senate President Pro Tem, John Burton, D-SF was calling a “boondoggle”?

What were they thinking at the county when they split the UC Merced planning process away from the county Planning Department, establishing a separate planning agency to focus on the project without any guidance from a functional General Plan?

What were they thinking when the county enthusiastically embraced UC Merced and the great growth it would induce when its General Plan did not even contemplate a UC campus? What were they thing when they kept amending it until it became an absurd document offering no planning guidance?

What have they been thinking at the Sun-Star all these years? They started off at least making good advertising dollars on months of UC Merced Supplements, written by UC bobcatflaksters, paid for by the public. Now, they regurgitate everything a new generation of bobcatflaksters utter, and call it news.

What were UC, the state Department of Fish and Game and the Wildlife Conservation Board thinking when they spent millions of public funds on easements to mitigate the impacts of the campus, a number of which have now been judged by resource agencies to be useless – not mitigating the takes of endangered species and lacking funds to monitor the easements?

What were UC Merced administrators thinking when they obliterated a municipal golf course to build the first phase of the campus without having applied for their Clean Water Act permit to build the next phases?

What were they thinking when UC proposed and the board of supervisors approved a plan to build a whole new town, the University Community, beside the campus but outside the city limits of Merced?

What was the City of Merced thinking when it violated its own ordinance against providing sewer and water facilities outside its corporate city limits, when it provided sewer and water facilities to the first phase of the campus? What is the City of Merced thinking by not annexing the campus and the area of the proposed new town? What are they thinking now about UC’s “sovereign” land-use authority?

What were the supervisors and local farm groups thinking when – after eight years of UC planning and building and many subdivisions besides with more to come – they still will not establish a ratio of acreage to mitigate for the last of farm land?

What were they thinking when they planned the UC Merced loop road, linking an interchange at Atwater with UC Merced and an interchange at Mission Ave, south of Merced?

What are the opponents of the WalMart distribution center and the Riverside Motorsports Park thinking: that local government would not attract these projects to help pay for these interchanges for this UC loop road?

What was the City of Merced leadership thinking when it refused join the League of California Cities, Berkeley, Davis, the San Joaquin Raptor/Wildlife Rescue Center, Protect Our Water, and other groups in support of the City of Marina, et al against CSU Monterey Bay in the state Supreme Court? In that case, which CSU lost, CSU argued that state agencies should not be required to pay for any impacts from their projects that occur off the site of the project. In UC’s letter of support for CSU, it argued it would have to pay $200 million in off-site mitigations in Merced if CSU lost the case.

What was the entire leadership class of Merced thinking when not one of them even questioned, let alone opposed UC Merced’s memorandum of understanding with Lawrence Livermore National Laboratory? It was as if all the little Mr. and Ms. UC Merceds in the circle haven’t a clue what kind of science and technology UC does in Livermore and, perhaps, how quickly it could come to Merced. LLNL is already trying to site the most toxic level of biodefense labs just outside Tracy. A whole new generation of nuclear weapons are currently being designed at both Livermore and UC’s other national lab, Los Alamos.

What were they thinking when they unleashed rapid urban development without a ground water plan?

What where they thinking when Applegate Zoo received an orphaned baby bobcat and UC Merced adopted it as their mascot?

What were they thinking when they adopted a Williamson Act area that included virtually all of unincorporated Merced County? Did it have anything to do with farming or was it just a gift to developers buying rural land? We think the chances are that if it had genuinely had anything to do with farming, it would have passed 30 years earlier.

What are the City of Merced planners and council members thinking about siting a project in an enterprise zone that will bring in nearly a thousand diesel trucks a day, seven days a week, 24 hours a day, into one of the nation’s top two worst air quality regions?

What were they really thinking about when they turned in their resignations — Publicist James Grant, Vice Chancellor Lindsay DesRochers, founding Dean of Social Sciences Kenji Hakuta, Chancellor Carol Tomlinson-Keasey, Vice Chancellor and Provost David Ashley, and Environmental Compliance Director Rick Notini? Did they think the permitting process a done deal?

What are UC Merced administrators thinking — if there are any UC Merced administrators at the moment – about having to move the next phase of the campus down onto the land planned for their University Community if they cannot get a Clean Water Act permit through normal channels and may not have the clout to get it through those other channels?

What were they thinking when UC Merced unveiled Cat Spots asking businesses to create a discount program or other incentives that will benefit student pocketbooks? The city-funded California Welcome Center will print another 1,000 window decals incorporating its logo with UC Merced’s. What about students of Merced College?

What were they thinking when UC Merced partnered with the Great Valley Center? Grants, grants and more grants? For what? Well you might ask!

And while we are at it, what were the UC Regents thinking – as some were speculating on Merced land for development — when they approved a campus in an already imperiled air quality region, heading the wrong way fast? A research medical facility to specialize in respiratory diseases?

What was Rep. Dennis Cardoza, Shrimp Slayer-Merced, thinking when he introduced two bills to gut the critical habitat designation of the Endangered Species Act before teaming up with Rep. Richard Pombo, Buffalo Slayer-Tracy, to gut the whole ESA?

What was the county thinking when it did not notify resource agencies about the deep-ripping or disking of – at a minimum – 6,000 acres of land in the federal critical habitat designation area for 15 endangered species?

What have they been thinking all these years as they have been breaking every environmental law and regulation and putting political pressure on every resource agency not to enforce environmental law and regulation?

What were they thinking when, having lost their sales tax increase/ transportation fund initiative in the primary, they decided to try it again in November?

What were the governor and some of his cabinet thinking when they made the Merced County Association of Governments the point agency in a San Joaquin Valley-wide regional planning “partnership” effort?

What are they thinking now that the arrogance and corruption of government in Merced, among its local, state and federal representatives and their staffs, are beginning to stink beyond the county line? Consider, for example, the federal case concerning the former DA, the Sheriff, the worst scofflaw developer in the county, other prominent investors, a prominent real estate agency and the indicted, incarcerated perp who owned land on the proposed UC Merced loop road.

Badlands editorial board

7-29-06
Merced Sun-Star
UC Merced expansion may hit a roadblock…Corinne Reilly
http://www.mercedsunstar.com/local/story/12517831p-13232122c.html

After more than $500 million in building, development costs and more than a decade of planning…vision for the expansion of UC Merced beyond its first 100 acres could be forced to change… permit the university needs to build on federally protected wetlands will likely not be granted to allow the university to move forward with its current 900-acre expansion plan, according to a senior manager at the U.S. Army Corps of Engineers. “We feel that the project they have proposed, at this point, isn’t permittable,” Kevin Roukey, the Corps’ senior project manager in charge of UC Merced permitting. Failure to secure the federal permit — or a move to an alternate location to secure it — would mean the most significant setback to date for the university, and would force Merced city and county planners to redraw current plans for the 2,000-acre University Community… A corps of engineers analysis of UC Merced’s plan - one of the earliest steps in the wetlands permitting process - revealed vernal pools of extremely rare density and quality at the site,…”Unfortunately for the UC, vernal pools at the site they’ve picked have basically been determined to be the best in the state, and maybe even the country,” Roukey said. Officials at UC Merced say they’ve proposed mitigation measures far beyond the norm, and have purchased more than 25,000 acres of land for preservation. But Roukey said university planners failed to consider the quality of the land they’ve offered for mitigation. Roukey… “The land they’ve purchased to preserve is different from what would be destroyed. Basically they went out and bought a ton of property without knowing what was on it”…mostly grassland that contains vernal pools inferior in quality and quantity to those that would be destroyed…UC Merced spent more than $15 million in state grants and private donations. Roukey said…still possible UC officials could propose new mitigation measures to save their current plans. “But he said to date, they have not presented anything that would meet permittable standards.” “Of the alternatives laid out, there are three that would be far less environmentally damaging than theirs,” said Alexis Strauss, director of the EPA’s Water Division in San Francisco. “And building asphalt parking lots on vernal pools isn’t really a good show of damage avoidance.” “Where we are in the process is not a place where anyone can make that kind of comment,” UC Merced Chancellor Carol Tomlinson-Keasey said. Tomlinson-Keasey, who plans to step down from the university’s top post at the end of August, said in March when she announced her decision to leave that she would see the campus through its next phase of environmental review; that no longer appears feasible. It could take the agency more than a year to make its final determination. Livingston - more than 20 miles away - won’t be considered a practical option…remaining two alternatives would place the rest of UC Merced just south of the university’s preferred site, along Lake Road…would place the rest of the university closer to its first phase, but wouldn’t allow for the contiguous campus UC Merced proposes. And UC and county officials say both options would devastate plans for the University Community, a massive development… About $4 million in state grants were spent by the county to develop the community plan that could now be rendered largely useless…many fear UC Merced could develop into a second-class citizen among its prestigious sister campuses. The city of Merced, which has expressed interest in annexing the community, could step up to fund a new plan;… Alternative options could draw heavy opposition from the local farming community. But some say university officials have ignored signals that came as early as 2002 indicating their plans would likely have to change, and moved forward with their first phase of development despite the warnings. The EPA registered a formal objection to the proposal in April of 2002, suggesting UC planners consider moving south. “We’ve been urging them for years to consider decreasing the footprint of the campus,” said Strauss of the EPA. “You can’t just mitigate your way around the law to get a permit for the most damaging alternative.” Istas said the choice to move forward with the university’s first phase, even without a permit for the rest of the campus, was the best one for the Valley. Congressman Dennis Cardoza, D-Merced, reaffirmed his support for UC Merced’s proposal this week. “The campus is absolutely in the right location,” said Cardoza. “One way or another, it’s going to turn out OK.”

8-4-06
Merced Sun-Star
Freeway work has chopped up roads…Chris Collins
http://www.mercedsunstar.com/local/story/12543596p-13255904c.html

Merced County Supervisor John Pedrozo…five trucks filled with dirt did the unthinkable — they pulled a U-turn on the freeway. That little stunt is one of the many inconveniences and dangerous maneuvers that have county and Merced city officials frustrated with the way trucks working on the Mission Avenue interchange have damaged roads and clogged up local traffic. The dirt-hauling phase of the $68 million project ended Tuesday. The bad news is that for the past few months more than 1,000 trucks a day moved in and out of the construction zone with loads of dirt… truck traffic resulted in more than $1 million of damage to local roads, said county Public Works Director Paul Fillebrown… scheduled to open September 2007.

8-3-06
Sacramento Bee
From tiny acorns… UC officials hope the new Merced campus someday grows to a mighty oak, but for now it’s struggling to meet enrollment goals…Eric Stern
http://www.sacbee.com/content/news/story/14286255p-15102788c.html

With the political power and money already behind it, it’s easy to imagine the University of California’s newest campus in Merced - in the middle of Central Valley pastureland, miles from a stoplight - as a major research institution with 25,000 students. UC Merced still has a long way to go…about to start its second year, is struggling to get students there - and to get them to stay. If history repeats itself, UC Merced could follow the erratic - even negative - growth patterns the UC system saw when it added campuses in Irvine, San Diego and Santa Cruz in the 1960s. UC Merced isn’t exactly close to the beach…is likely to fall short of its target of 5,200 students by the 2010-11 school year. UC Merced offers a chance to get a University of California diploma that might not otherwise be available…eligibility requirements for UC Merced are equally as demanding as the other UC schools, but the incoming freshman at UC Merced have the lowest average grade-point average and SAT scores in the UC system. “If you build a campus basically in the middle of nowhere, it’s not surprising that this is not going to be the first choice for many students,” said Patrick Callan, president of the National Center for Public Policy and Higher Education. “There was a certain amount of gamble (from the UC)…that they could basically hang their shingle out anywhere and be overrun by applications.” He fears the $500 million campus could drain resources from the other UC schools until Merced gets its footing. “It took a long time for Davis to become Davis.”

8-2-06
Santa Cruz Sentinel
Ruling favors town over gown…Roger Sideman
http://www.santacruzsentinel.com/archive/2006/August/02/local/stories/02local.htm

Santa Cruz city…this week’s state Supreme Court decision further obligates universities to pay for costs incurred by campus expansion… local governments now have a legal precedent to push the university to cover more of the cost…court ruling resolved a 10-year legal battle between Cal State Monterey Bay and several cities near its growing campus at the former Fort Ord. The university’s board of trustees maintained it didn’t have to pay for fire prevention and traffic, sewage and drainage improvements off the campus. UCSC’s commitment has been disputed by local government leaders who charge the university understates off-campus impacts and that it won’t fully reimburse government coffers. Contributions by UCSC are presently made on a project by project basis. Government leaders want UCSC to make a total contribution rather than having dollars come in piecemeal fashion. Wormhoudt… the court’s decision also lessens the chance UCSC would sue the city over this November’s ballot measure…voters will decide whether to force the school to address concerns over campus growth by withholding the city’s water supply. Moose, Santa Cruz’s attorney…there’s a chance UCSC would come back to the table and offer a better approach to traffic mitigation. One sticking point - who will pay for increased water use - was not addressed in the CSU decision…

7-30-06
Modesto Bee
Wal-Mart foes show up in red…Leslie Albrecht
http://www.modbee.com/local/story/12525257p-13239396c.html

Residents who don’t want Wal-Mart to build a 1.2 millionsquare-foot warehouse in southeast Merced wore red shirts to a public meeting last week about which issues should be studied in the environmental impact report on the project…meeting was meant to solicit input about which issues - such as air quality, traffic and noise - should be studied when city-hired consultants write the EIR about the proposed distribution center…how would 450 trucks driving in and out of the center daily affect Merced’s already poor air quality, said Randy Chafin of EDAW Inc., the Sacramento consulting group that’s writing the report…Marilynne Parreira asked that the impact report examine specifically how the center would affect Golden Valley students…Susan Boykin said a climatologist should contribute to the impact report…”When
we take acres and acres of trees and pave it with acres and acres of asphalt, we are creating heat islands,” Boykin said. The city will solicit comments on what should be studied in the impact report until Aug. 11. SEND TO: Kim Espinosa, Planning Manager, City of Merced, Planning and Permitting, 678 W. 18th St., Merced 95340, PHONE: 385-6858, FAX: 725-8775 E-MAIL: planningweb@cityofmerced.org

Free the UC bobcat; protesters urge…http://www.modbee.com/local/story/10649708p-11435262c.html

Businesses put out invitation to Bobcats…http://www.mercedsunstar.com/local/story/12053415p-12809017c.html

Spencer purchased land from jailed man…Chris Collins
http://www.mercedsunstar.com/local/story/12425122p-13147572c.html

California Attorney General Bill Lockyer has launched a third investigation into Merced County District Attorney Gordon Spencer, this time examining whether Spencer committed a crime when he and a group of local investors bought a piece of property from a man who was sitting behind bars and facing charges from the District Attorney’s Office. The latest investigation comes on top of an ongoing criminal probe into Spencer’s potential embezzlement of public funds and an inquiry last December that found Spencer had impersonated an investigator. The attorney general is now looking into a 21-acre lot on Bellevue Road that Spencer, Sheriff Mark Pazin, Ranchwood Homes owner Greg Hostetler, and five other prominent locals purchased in 2004. The intersection of the two events created a clash that was “absolutely impermissible” by attorney ethics standards, said Weisberg, the Stanford law professor. “There was a conflict of interest. ” Dougherty, the county’s presiding judge, said Spencer never told Byrd’s attorney about his involvement in buying Byrd’s land. Kelsey said she always has been troubled that the sheriff and district attorney joined one of the county’s biggest developers to buy the land.
-------------------------

12-21-04
Reply to a local planning official
Badlandsjournal.com

From:

Lydia Miller, President
San Joaquin Raptor Rescue Center, Merced CA

Steve Burke
Protect Our Water, Modesto CA

To:

Merced County Board of Supervisors
Merced CA

December 21, 2004

(via fax and email)

Re: December 21, 2004 Board agenda item: 10:30 a.m. Planning - 2004 Cycle III General Plan Amendment; University Community Plan.

The following is submitted for the record regarding the Board’s consideration of the University Community Plan.

An article titled “Reply to the Chancellor on UCP” was recently posted on the Badlands website (http://badlandsjournal.com). A local planner responded with the question: What do you think will happen if we don’t plan for the growth that will result from UC Merced?

It is a serious question, we appreciate it, and will try to articulate what we think about Merced County/UC Merced planning.

The first word that caught our attention in the planners question was the word, we. Who, we wondered was the planner intending to include in the word, “we”?

Participants in the sordid political deal in which Merced got the UC in return for Condit delivering the Valley for Davis in 1998, ripping the campus from the talons of Fresno where they had committed to locate at least a medical school as early as 1965, and had land already donated in Kearney Park?

Participants in the whole cover up, inconsistency, tendentious obfuscation, regulatory-agency avoidance in the process to streamline UCM permitting run out of the governor’s and congressman’s office?

Participants in the process of gagging the press, buying the press, and intimidating reporters so that no critical questions would appear in the media about the UC project?

Participants in the UCM propaganda machine, which featured huge, UC-produced, publicly paid-for PR supplements in the local paper? Local-paper regurgitation of UCM press releases as objective journalism?

Tiny tots in UCM T-shirts lining state Capitol corridors?

Greenlining Institute, proclaiming all Hispanic students would, should, and could go to UC if only they could stay in their family homes here in the Valley?

Promoters of a campaign to name a mascot that gave the prize to a species that does not appear in Nature.

Great Valley Center’s smart-growth propaganda, emanating from that tower of planning rectitude, Modesto?

Dot-driven public focus groups confronting lists of projects that contained all pre-cooked possibilities but no project?

The Nature Conservancy?

Producers of meaningless planning documents like the CAA, CPAC, CAPS, various MCAG plans, Merced Water Supply Plan, NCCP/HCP, storm drain master plan?

Grant hustlers using the East Merced Resource Conservation District to legitimize bogus plans and be a conduit for mis-spending public funds?

Authors of numerous General Plan amendments that have rendered a weak document utterly unintelligible as a planning tool?

The red and green teams?

The black-and-blue team?

Scientists scouring the pastures for endangered species who also found a dead baby Black Bear?

Participants in the political process of suppressing ground-truthed science about the biological inventories on UCM land?

The political geniuses behind adopting a blanket Agricultural Preserve over most of the county to mitigate for UC, the most significant restriction of private-property rights in the history of the county?

Right-wing propagandists who whipped up a mob of land owners against the much less intrusive Critical Habitat Designation?

Every scofflaw in the county Planning Department?

Members of a county bureaucracy that systematically obstructs public access to public documents?

Aggregate-company and developer lawyers who write planning documents and General Plan amendments?

Private and publicly funded indemnifiers against lawsuits opposing local land-use decisions?

Politically directed judges?

Contemptuous EIR-writing, finger-flipping, harassing consultants?

Packard Foundation money launderers? Venal, punitive local political staffers, hit squads for congressmen, state legislators and the special interests who pay them?

Land-boom speculators in elective and appointed public offices?

Elected officials that constantly, publicly harass members of the public who object to what only the county calls a planning process?

Returning to the question: “What do you think will happen if we don’t plan for the growth that will result from UC Merced?”, the next word that perhaps requires more definition is the word “plan” itself. Now, what could the planner have meant by this pregnant term?

A hopelessly out-of-date General Plan created in 1992 as the result of a lawsuit brought by the public against a county that could not provide the court with evidence that there was a Merced County General Plan; a General Plan the state Attorney General directed the county to update at least every decade; a General Plan that was never followed anyway, but has now been rendered absurd by the superimposition of huge development amendments over a plan that valued the county’s agricultural and natural resources?

The donation of a large tract of land to UC by a land trust too hapless to run a golf course during the height of popularity of that sport, manipulated by a local water lawyer, (his partner under indictment for defrauding Waterford), and a county planning department unwilling to enforce environmental law on its wetlands takes?

The wholesale use of programmatic UC EIRs to secure mandates for “plans to make plans” that avoid any concrete analysis of inevitable negative impacts to natural resources, public health and safety that set a new, low, irresponsible planning standard for Merced County? ?

Lawyer-guided, side-stepping of inconvenient permits, and building without them?

The policy of UC to continually whine that UCM is the first campus it has attempted to build since serious environmental protection laws were passed, therefore it can’t really be held accountable to laws of the land?

The splitting of land-use authority in two pieces: the county and UC?

The splitting of local planning offices in two: the county Planning Department and the UC Development Planning Office?

Wholesale confusion and lack of coordination between the two offices and between one or the other or both of them with the City of Merced?

The complete lack of an adequate, comprehensive water plan for eastern Merced County?

The disturbing eagerness and insanity of UC and its speculating boosters, landowners, and surrounding developers to double and triple the size of the Merced population in what has become the worst air-pollution basin in the nation?

The willingness of the City of Merced to break its own ordinance to supply water and sewer services to UCM, once UC promised to indemnify it from legal challenges to its decision?

A resource-easement program designed to fail?

The wholesale, unrelenting stream of planning propaganda in place of accurate information, leaving the public in as much dark as could be decently managed at every step in the process? (For just one example, the completely bogus presentation of the Williamson Act as mitigation for UC and its induced development.)

Leading the public into unpleasant speculations about future suburbs that could be named Smithville, Kelseyville, Crookhamton, Cardoza/Coelho Azorean Estates, Cuidad Cortez-Keene, Lynch-Adam-dAdamoville, Tatum Corners, Wellman Retirement Community, Lyons Industrial Park?

Every project in the county driven by the heretofore not really, fully, completely permitted location of UCM?

Rumblings of bribery and corruption in the county Planning Department?

In conclusion, what do we think will happen if we don’t plan for the growth that will result from UC Merced?

Well, Mr. Planner, the only answer we can give is: what’s happening at the moment. Merced’s agricultural and natural resources are being auctioned off to the highest bidders because of what you and your fellow planners did, while subjecting the public to an endless barrage of bureaucratic procedures and documents claiming you would not do exactly what you have done, are doing and will continue to do until your actions become so transparently corrupted that even the local judiciary will be unable to blind itself to them.

Sincerely,

Lydia Miller Steve Burke

Cc: Interested parties

Attachment: Badlands article “Reply to the Chancellor on UCP”, published December 17, 2004.
----------------

11-26-02
FOR YOUR ENTERTAINMENT!! Another Dull-witted boy story

DQ -- UC Gravy Train

One morning, when the dull-witted boy and his friend, Hector, reached the
railroad tracks while biking to school, they encountered a stalled train.
Behind them, as far as they could see, were automobiles waiting to get
across the tracks. Looking down the tracks in both directions, they saw
thousands and thousands of sheets of paper littering the gravel, the yards
beside the tracks and the streets behind them and beyond them.
They saw it was a strange train, made up of cars they had never seen.
Instead of flat cars, box cars, lumber cars, cattle cars or car cars, each
car of this train looked like a passenger car with a suite of offices inside
it. Before them was a suite with large, corner offices with big windows for
bosses at both ends of the car and little cubicles with tiny windows for
secretaries in the middle.
But what caught their attention most of all was the name of the train.
Little Hector, as some readers may recall, was a train fanatic who knew the
names of a lot of different railroad companies by heart. But he had never
seen this one.
It was called the "UC Gravy Train." The gold letters were painted on royal
blue. It didn't even have any graffiti on it. Hector was amazed.
Just then an old brakeman passed by, walking up the track through the paper
litter.
"Why's the train stopped?" the dull-witted boy asked.
"Son, it's derailed but that ain't half the story," the brakeman said. "This
is the longest train in the history of California gravy trains. It's got 47
locomotives.This train is actually goes all the way to Sacramento, stalling
car traffic all the way."
"Wow, this UC Gravy Train is one long train," the dull-witted boy said.
"You can say that again," the brakeman said.
"Wow, this UC Gravy Train is one long train," Hector said.
"Where is it derailed?" the dull-witted boy asked.
"Right here in Merced, wouldn't you know it?" the brakeman said. "Three
blocks from City Hall."
"Why here?" Hector asked.
"Human error," the brakeman said.
"What are all these offices doing on it?" the dull-witted boy asked.
"Well, that's your staff," the brakeman said.
"What's staff?"
"Well, your staff is what makes up most of your gravy train," the brakeman
explained. "You can't have a gravy train what without you have staff, see.
The two go together."
"Well, where's the gravy?" Hector asked.
"And where's the potatoes to put the gravy on?" the dull-witted boy said.
"This is pretty deep stuff for youngsters your age, mebbe it's out of your
depth," the brakeman said.
"Try us," the dull-witted boy replied. "We ask dumb questions."
"You too?" the brakeman asked. "OK, I'll give it a try. Where to begin?
"Well, you see, you got your taxpayer -- that's the ones that work for their
livings, like me. And your taxpayer pays his taxes to your government. Your
government is run by those crooks we elect every two or four years or six
years and, of course, their staff. You still with me?"
"You mean like Mr. UC Merced and Senor UC Merced, that Rusty guy from Los
Banos, who thought about selling his water to LA once, and them others?" the
dull-witted boy asked.
"Say, you're well informed for a youngster," the brakeman said. "You must
read the newspapers."
"Nope, I can't say as I do," the dull-witted boy said. "I got uncles."
"Well, anyways, as I was saying, "you can't have your gravy train without
your politicians making a pork barrel. It's your pork barrel that attracts
your gravy train. Those are the essential ingredients," the brakeman said.
"To repeat: politicians, pork barrel, gravy train."
"What's a pork barrel?" the dull-witted boy asked. "A pig in a bucket?"
"You pour the gravy in the pork barrel?" Hector, who was still only in the
second grade, asked.
"You boys have your dumb questions down real good," the old man said.
"You're pretty close there, boy, but -- on account of it's a government
thing -- it's not as simple as it sounds. But ..." he paused and scratched
his head, "actually it is as simple as that but they make it look as
complicated as they can because the taxpayers don't like to see their money
turned to gravy but your politicians are trying to get all the tax money
they can to build projects in their home districts they can put their names
on. For instance, since Senor UC Merced won the election, he's gonna want
his name on the football field at the new UC Merced, right up there with
Coca Cola and your state Holstein Breeders Association. But he can't get his
name up on it if it don't exist so he has to get his pork barrel going, see.
"Your pork barrel is kinda like home brew," the brakeman said. "Your uncles
make home brew?"
"Yep," the dull-witted boy said.
"It sort of smells, don't it? And it attracts flies?"
"Yep."
"Well, your political pork barrel ferments just like your home brew," the
old brakeman said. "But in the beginning, it's just an idea, an idea that
looks like it's going to make money for people who like to make money, see?
But what makes the greed turn sweet, taste fine and go down like velvet is
that it ain't gonna cost them nothing. The money is gonna come from somebody
else's taxes. That's your gravy. You got to have the pork barrel to get the
gravy, understand?"
The dull-witted boy and Hector found this more interesting than a book full
of fractions.
"Now, the way it works is this: once you get your pork barrel working in
your district and your politicians working in government, the next thing you
know you got a gravy train full of staff."
"Yeah, but what's staff?" the dull-witted boy asked. "I don't understand
staff."
"You staff just shows up," the old man said.
"Where from?" Hector asked.
"Nobody knows the answer to that," the brakeman said, scratching his head.
"It's just a fact of nature that when your get your pork barrel filling with
tax money, your staff shows up. It's like them mud holes out east of town.
When you got your pork barrel working, here came the scientific staff came
in on the gravy train and the next thing you know, them mud holes are being
called "vernal pools" and new little critters are being discovered every
day. Every year, when they fill up with water, here come them fairy shrimp
-- just like staff to a pork barrel, see?"
"I think so," the dull-witted boy said.
"Then, when the mud holes dry up, the fairy shrimp go away. Some say they go
into the mud and go to sleep in little seeds. Nature's a mysterious thing,
boys. Mebbe it's the same with staff. You can never tell. But when you got
your pork barrel and your tax dollar working together, they produce staff
and a gravy train. Fact of life."
"What's a pork barrel look like?" Little Hector asked. "I never seen one."
"Well, of course your essential pork barrel is an invisible Wish. It could
start working anywhere -- like in a donut shop or over a steak dinner or at
a service club lunch speech. But it starts as a wish, a dream, a fantasy.
"It's just like an invisible little seed in the beginning, see," the old
brakeman continued. " It starts out in somebody's mind like an itch. He
can't see it, it itches and he wants to get rid of it so he starts
broadcasting it here and there around town, telling his friends and bankers.
But it won't ever amount to anything unless it's fertilized."
"How do you make something invisible grow?" the dull-witted boy.
"That would be your application of large quantities of bullshit," the old
man said. "Your farmers will say horseshit's good for trees, old chicken
shit works for other crops but to get your pork barrel out of the conceptual
stage, liberal quantities of bullshit is the only form of fertilizer ever
known to work.
"But once you get germination and growth, your genuine political pork barrel
comes to life in many different forms," the old brakeman said, "oftentimes
in the form of roads, paid for by federal highway funds.
"In fact, in Washington, DC, where they make federal highway funds, they
have a cult of religious visionaries called The Lobbyists. These mystics
believe federal highway funds are the Mother of the Pork Barrel and the
Grandmother of the Gravy Train.
"Other times it's your dams. Lord, how the politicians love a dam,
particularly out here in the West. You have no idea how much bullshit
mystical lobbyists have been spread around trying to grow dam wishes. They
say there ain't no river around that couldn't be improved by putting a
tax-paid dam on it.
"Then you got your irrigation canals," he continued. "You have to have your
> canals so you can grow your cotton so the taxpayer can pay the cotton grower
the difference between the world price of cotton and what the American
cotton grower can get his congressmen to get the taxpayer to believe it
should be worth to a patriotic American cotton farmer to grow it.
"Now, this is too deep for you or me, boys," the old brakeman paused. "Some
call your water and your agricultural subsidies the highest, most mysterious
of all pork barrels. When you talk water and agricultural subsidies you're
talking about the highest mysteries of tribal cults. Nobody but members of
the tribe understand them or get any benefit from them. These subsidies
don't leave a trace except in the US Treasury and some local bank accounts.
"Take rice," he continued. "See, your genuine, patriotic American farmer
can't be expected to grow cotton or rice for what they'd pay a Chinese or an
Indian farmer to grow cotton in their countries, could they? That ain't
American. So we pay for the canal and for half the crop. Same for rice, only
rice takes more water. And then there's your ranchers. Everybody knows the
cowboys are true-blue red-blooded Americans. Just look at their hats. So
whenever they have a drought -- or staff says there might be a drought
coming -- your taxpayer pays your rancher something for the grass that
didn't grow.
"Like I said, those pork barrels surpass human understanding because they
involve tribal religious issues.
"But here in this congressional district, they dreamed up one helluva pork
barrel, mebbe the best pork barrel ever invented -- a public, tax paid
university campus and a nuclear research lab, so mebbe some day soon you
boys will be playing Nintendo on nuclear energy.
"See, it's better than a dam because it's new technology. A dam just
produces energy from water making a turbine spin and everybody knows how to
do it now. Nuclear energy is better because it's new technology."
"Why is new technology better?" asked the dull-witted boy.
"Because when you get new technology you get more staff and a longer gravy
train and that's what your politicians and your business leaders call Real
Good," the old brakeman said. "See, when nobody knows how to use a new
technology and it could be dangerous, your staff gets bigger and your gravy
train gets longer.
"Why?" Hector asked.
"In words you might understand, son, 'just because,'" the brakeman said.
"The other thing is project gets so big and expensive nobody can calculate
how much tax money is going to go into it. Then you have to hire on more and
more staff to contain costs.
"Then you got your locals standing around the pork barrel watching it boil,
bubble, sprout and grow," he continued. "Your locals come in two varieties.
"In a pork barrel like this, the people who support it are called Leadership
and the people who ask questions about it are usually called
Environmentalists. Your leadership is Real Good because they got Faith and
your environmentalists are called dog doo because they have Doubts."
"I don't get it and I gotta go to the bathroom," Hector said.
"Third willow on the right," the brakeman said, pointing to bushes plastered
with pieces of paper beside a fence.
Hector departed the conversation to answer the call of nature.
"That's a real smart little kid," the brakeman said. "Always glad to meet a
youngster interested in the railroad. It's getting so that young people
don't learn about railroads anymore."
The dull-witted boy agreed that Hector was an intelligent boy.
"Got a sense of history, that kid," said the brakeman. "You can't teach that
anymore. It's illegal these days, I think."
"Mister, do you know who are those people in that car up front staring out
the window at Little Hector taking a pee?"
The brakeman squinted at the car for a moment, then said, "That's just
another urban planner car. I think they said there were more than 300 urban
planner cars on this gravy train."
"What do urban planners do?" the dull-witted boy wanted to know.
"It's like I'm trying to tell you," the brakeman said. "They're just staff.
It don't matter what they do or if they do anything at all. What matters is
they are staff and they show up. Urban planner staff are the ones that stand
up in front of your elected officials and give your power point
presentations of boxes and arrows and especially of maps: subdivision maps,
annexation maps, specific plan maps, urban development plan maps, spheres of
influence maps and the like. Your power point presentation is one of the
strongest ingredients of your bullshit, see?
"You look at that thing and it looks just like a train, any old train," he
continued. "But, Bud, that train has mystical powers: a genuine gravy train
can stop most human thought for 50 miles either side of the track it sits
on."
"Why?" the dull-witted boy asked.
"Because people go mad when they get near it. See, son, they just gotta get
on it! This derailment was caused by the last lawyer in the state that
wasn't invited to the party. They say he was so upset he drove his car right
into this here gravy train in the hope somehow he'd get in on the deal. All
he achieved was a few hours of posthumous fame and get me a little
overtime," the brakeman said, chuckling.
Now the car he drove into was one, just one of a dozen cars packed with
lawyers on the UC Gravy Train. Those are special cars. They got "On
Retainer" written on their cars."
Little Hector returned from the willow bush.
"Better zip up, kid," the brakeman said, "you're exciting the secretaries."
Hector, a fastidious second grader, blushed, turned around and zipped up.
"See, boys, your real gravy train -- like this UC gravy train -- just goes
on and on," the old man continued. "Right now, even as they're sweeping off
the mortal remains of that unpopular lawyer, they're putting on 15 more
cars full of land speculators at the other end -- right next to the
plutonium cars full of nuclear weapons researchers -- your 'academic
component.'"
"What's that?" Hector asked.
"Well, this is a UC gravy train, so a university campus is involved," the
brakeman explained. "You have a university, you got to have your faculty and
you have to have something for them to do -- that's your academic component.
Don't get me wrong, it's just one part of it and not a very large part of
it, unless it blows up, of course.
"The biggest part is your development community that's going to build houses
around the nuclear research laboratory. Some people like to live near
plutonium, I'm told. Personally, I prefer sagebrush, roadrunners and coyotes
when I can get them. But that would be your water problem which, like I said
before is an issue of tribal religions too deep for you or me."
"But, what do staff do?" the dull-witted boy asked, trying to get the old
man focused on the original question, just once.
"Well, you see how all these cars are connected?"
"Yeah, just like on a regular passenger train."
"You got it," the old man beamed. "They've got people in there, the
conductors say, that do nothing but go back and forth talking to each other.
A little known fact about gravy trains is that no one ever gets off them
unless they get pushed because they're afraid that if they get off them,
they'll never be able to get back on. So, to keep their places, they have to
constantly talk to each other. The conductors say this is what staff calls
'staying on the same page.' There's only one thing that can get a staffer
upset -- he's got his salary, his benefits and his position on the car --
but if he's even once accused of not 'staying on the same page' with all the
other staffers, your staffer is gonna have a panic attack because he knows
what's next. That would be when they push him off the train."
"I don't understand what 'staying on the same page' means," Hector said.
"Well, the conductors tell me it means that everybody constantly has to be
talking to each other to make sure nobody gets any ideas of their own or
even looks out the window much."
"So what do they actually do?" the dull-witted boy asked, again.
"I tole you twice," the old man said. "They run back and forth between all
those thousands of cars agreeing with each other for fear if they don't,
somebody will push them off. When everyone is in full agreement -- they call
that 'consensus' -- somebody writes up a memo and makes a diagram with boxes
and arrows on it and they make a power point presentation out of it to put
on their computers and then they show it to each other."
"It sounds sort of stupid," Hector said.
"Hush, boy. There is one thing you cannot say about people on the UC Gravy
Train and you just said it. You can't say it because every one of them but
the secretaries has not only one but two or more degrees from universities,
and their studies were mostly subsidized by taxpayers.
"Now UC has its tribe of lobbyists too, just like the highway and the water
people and the farmers and ranchers," the old brakeman said. "They all dress
in simple robes of blue and gold. They look like monks. There are hundreds
of them, each with a begging bowl, swarming over your seats of government. I
ain't saying educational funding is any less mysterious than highway money
but the approach is different. There's a holiness about educational funds
that's lacking in highway deals. I actually feel sorry for the politicians
when they get in the clutches of the Holy Order of Higher Education
Lobbyists promising salvation and better school grades in their districts.
"But back to your highly educated staff," he said. "Every one of them
studied Gravytrainology and each and ever' one knows deep in his heart, mind
and marrow that anyone who isn't on that UC gravy train is dumb as a post --
like all the taxpayers that paid for their campuses and their professors.
Once again, it comes from learning in school how to stay on the same page by
talking to people like themselves and nobody else. They ain't like you and
me, just friendly strangers sitting by the side of the tracks talking 'till
the train clears. At your departments of gravytrainology in institutions of
higher learning, the first thing they teach you is who to talk to and who
not to talk to. That's the secret of professional success and the
fundamental premise of gravytrainology."
Just then a huge rumbling and crashing split the air like the biggest
thunderclap in the universe. Both the boys jumped a foot off the ground.
"No need for worry, boys," the old brakeman yelled, "That's the sound of a
gravy train starting up again."
"Where's it headed if the project is here?" the dull-witted boy screamed.
"Why aren't they getting off?"

"Kid, you're not as bright as you look," the brakeman bellowed. "I tole you:
nobody gets off unless they get pushed off. In a pork barrel project like
this UC Merced, the last place a staffer wants to end up is in the barrel,
on the ground, at the project. You want to be ON the gravy train, not on the
bottom of the pork barrel."
"Why?" Hector asked.
"Because then that staffer ain't going to be talking to other staffers. He's
gonna have to talk to the public, the people who live here where they're
gonna build this radioactive pork barrel with a college attached to it. Now
the staffers don't know the public don't know much about the project. The
reason they don't know that is because that ain't their department. That's
your public relations department, also known as the Mothers of the Power
Point Presentation.
"Like I say, the staffer only really knows one thing: he's got to stay on
the same page with all the other staffers. But they think the public knows
all about the project. And since the public can't be on the same page with
all the staffers because the staffers ain't dumb enough to share the page
with the public, they figure the public is mad."
"Why don't they share the page with the public?" asked the dull-witted boy.
"You don't get to see the page until you get on the gravy train," the old
man explained.
"Well, how do you get to see it?" Hector asked.
"That would be your 'emerging community leader' deal, which is a multi-step
deal. Your first step would be to start parading around your town calling
yourself an emerging leader. That's a wannabe leader. Then you borrow some
computer time from your boss and look up 'emerging leader' on the Internet
and get connected with the People Who Can Help You, that's a non-profit
foundation that gets its money from people who build huge factories and want
to save what they call signature landscapes and quaint rural people. The
step after that is buying a lot of clothes that make you look like you
really don't come from your town -- Ceres, Livingston, Red Top, Fowler,
Goshen, Orosi, Buttonwillow, Arbuckle, Gridley, Williams, Lamont,
Strathmore, Clements, Milton, Hilmar, Denair, El Nido -- places like that.
Then you gotta quit sounding like you come from places like that. When
you're really almost ready for the Interview, you gotta quit thinking like
you came from places like that. Finally, if you're lucky, you get a call
which would lead you to the Interview. So then you would go up to Modesto to
meet the Rich Ladies, aka The People Who Can Help You. If the Rich Ladies
decide you really, really don't look or think like your neighbors anymore,
they'll give you a peek at one little corner of the page -- something so old
it's been released to the public -- and ask you if you can get on it. Now,
there's three ways you can make it. You can talk your way in, you can write
your way in, but the best way is to make some charts, graphs -- they love
numbers -- put a bunch of boxes and arrows around them, and maybe you'll
make it."
"Make what?" the dull-witted boy said.
"Make it on the UC Gravy Train, stupid," Little Hector said.
"OK," the dull-witted boy said, "but what's all this paper littering the
tracks and everything?"
"That's different from your page," the brakeman said. "This is your flack.
There's cars and cars up there full of writers that do nothing but write
flack. Then they got other staff people to print it. When they print it they
chuck out the door into the world. It's part of the reason people go mad for
50 miles around a gravy train.
"See this one here," the brakeman said, picking up one of the sheets of
paper. "'Chancellor Tests First UC Merced Building.'
"Hmmm," he read on. It seems that 25 of the state's finest civil engineers
designed a 'non-chemicalized, totally self-contained personal sanitary
depository of wood in a style sensitive to prevalent local aesthetic design
standards, including a moon-shaped window.' Then they hired a construction
company out of Orange County to build it. Prominent university, local, state
and federal officials did a tour and the chancellor was given the honor of
being the first person to test it."
"What is it?" Hector wanted to know.
"Boys, this is good flack," the old brakeman said. "The essence of good
flack is that it leaves you with important questions, like 'what is it?'
Real Good Flack -- and the UC Gravy Train has the finest flack staff tax
money can buy -- is kinda like the old-time Chinese Buddhists. What they say
all points to what they haven't said. Real deep and mystical.
"Now in the case of this latest flack release now littering the entire
Central Valley, what you got is the announcement of the completion of an
outhouse on a cow pasture. It has to be an outhouse because they don't have
any sewer lines. It can't be a chemical outhouse because the
environmentalists would get after them for pollution. Now the chancellor of
these cow pastures which the pork barrel, the gravy train and the staff are
going to transform into a university, and the high officials apparently went
out to this outhouse. Then, if I am translating the flack accurately, the
chancellor went in the outhouse and used it. It doesn't mention if other
high officials also used it. However, it does say that when she emerged from
the outhouse, there was a 'warm round of applause.' Good flack always has a
happy ending."

The three of them stood beside the tracks and watched endless cars full of
offices lurch slowly past them.
"Where'd you say it was going again?" the dull-witted boy asked.
"Where it goes, nobody knows, kid," the brakeman said. "It just keeps going
until the money runs out."
As if to confirm the wisdom of the ancient brakeman, a window opened in the
office car inching through the intersection and a young man, kicking and
screaming, his hands desperately grasping at the window casing, was being
slowly ejected from the opening by a crowd of men and women insistently
pushing and pushing until, finally, he fell to the gravel bed of the
railroad tracks below.
The young man, scratched and bleeding, immediately leapt to his feet and
began pounding his fists against the slowly moving office car, imploring his
former office mates to let him back in.
"For God' sake, it was just a simple observation," he cried. "You can't be
serious! Let me back in immediately. I have a masters degree from UCLA. I
didn't write it down. I didn't do any analysis on it. IT WAS JUST A SLIP OF
THE TONGUE."
His former office mates closed the window and drew the curtains.
As his office inched away, he hobbled along beside it, pounding it, crying
out in despair until it was clear he could expect no pity from those within.
He was off the UC Gravy Train.
The kindly old brakeman led him away from the train, fearing he might throw
himself under its wheels, something similarly ejected staff had done before,
causing a time-consuming mess for railroad employees when they did. The old
man brushed off the fellow's khakis and pressed blue oxford shirt and picked
up his briefcase for him, saying, "There, there, the world ain't come to an
end. There's more than one gravy train come along these tracks. Just you
wait. Life ain't over," and soothing things in this vein.
But the young man was hysterical.
"I am a certified traffic consultant," he stated wildly. "Certified, I say.
I have advanced academic degrees and certification. I am a professional."
"I can see that myself," the old brakeman said. "You look every inch the
professional traffic consultant. If I saw you in a crowded Starbucks, I'd
say: 'By Golly, that man is a professional, certified traffic consultant.'"
"That's right, I am," said the gravy-train reject. "I want that clearly
understood."
"It is perfectly clear," the brakeman said. "No arguments here, right boys?"
The dull-witted boy and Hector shook their heads.
"Well, why did they do this foul, unjust thing to you?" the brakeman asked.
"It was just a casual, totally unquantified observation based on anecdotal
information," the consultant said.
"About what?" Hector asked.
"All I said, and absolutely all I said -- and just to my secretary, that
bitch Irene -- who blurted it to my supervisor because ... well, I won't go
into the social habits of the people in that office. Beasts, absolute
beasts. But all I said was that since the UC Gravy Train had derailed, it
was blocking every intersection in Merced and streets in every city from
here to Sacramento. Judging from the line of cars of people trying to get
to work this morning at this one intersection, I said I would have to call
the LOS -- that's the Level of Service for you lay persons -- unacceptable
this morning. Then I said something about Merced City not having been able
to afford to have more than one overpass on one of its two sets of railroad
tracks in town, and no underpasses. Then I wondered -- out loud, in front of
Irene, what a fool I was --if this might pose a problem we could look into.
"It was meant as a kind of joke, don't you see?" he whined. "It wasn't
serious! I mean who cares about traffic congestion in Merced or anywhere
else along the route of the gravy train. Certainly not UC. We're building
roads around Merced. I personally have -- had -- total control of the
planning for six feet of that beltway. Did I say that I have a masters
degree and am a certified traffic planning consultant?"
"Yes, yes, you mentioned that several times," the old brakeman said gently.
"Please go on."
"Every certified traffic consultant on the UC Gravy Train at the moment is
totally focused on the traffic congestion for Phase 1 of its project --
that's the part that won't impact anything except the golfers who lost their
municipal course. Forget the rest! Forget the other phases, the new town,
the nuclear lab and all the development around it. That's what I said:
Forget it! Forget it! Forget it!
"But they wouldn't and they pushed me out and that Irene was right in there
with the rest of them, laughing as she did it. The last one we pushed out
was at night when the train was doing about 40 miles an hour. He screamed
when he landed. I think he died or something."
Suddenly, the rejected consultant sobbed, grabbed his briefcase and dashed
up the tracks to begin his fruitless pounding on the sides of his former
office car on the UC Gravy Train.
"Boys, that's the saddest part of the gravy-train business you're looking
at," the old man said. "You might wonder how come I know so much about what
goes on inside those offices. It's from dusting off young fellows like that
one, the rejects you find wandering along the tracks, mumbling to
themselves, crazy as loons. Sometimes you can see their camp fires at night
in the old jungles where the fruit tramps used to gather. They all got a
tale to tell about their part of the project and they all tell the same
tale: once you're off the UC Gravy Train, they never let you back on it."
The old man paused and scratched his head, trying to remember something.
"Oh yeah, I should tell you this. I hate to mention it -- it ain't sad, it's
just mean -- but if them little backpacks of yours contain any paint cans,
don't do it on this train. Personally, I have enjoyed the peoples' art ever
since it started, but if you're artists, consider another canvas. They got a
private crew of graffiti dicks, all former Texas Rangers, that have zero
tolerance for taggers. I mean zero and I seen the bodies to prove it.
They'll track a tagger all the way to Utah and do him in and age is no
consideration. Younger the better, is their motto. Each one of them has a
special authorization letter from very high officials to enforce this
no-tolerance policy. UC definitely don't like anybody defacing its Gravy
Train."
Little Hector said, "I never."
"Me neither," said the dull-witted boy.
"Good," the old brakeman said.
"Tell us about some of the other cars," the dull-witted boy said.
"That's a tall order, boy, and we'd be here for months if I told you about
all the cars on the UC Gravy Train.
"There's your Governor's car and your Legislature cars. There's specially
made out of bullet-proof, foot-thick black glass. Nobody can see in. Nobody
can see out. They're blocked at each end and nobody can get in or out
either.
"But the fanciest cars are for the high UC officials," he continued. "The
paint on those cars is so clean and shiny it blinds the eyes. Hundreds of
little businessmen, all dressed in blue suits with gold ties are constantly
washing and polishing the UC officials' cars. You can't see inside those
cars because they have thick, brocade curtains of blue and gold. The
businessmen who clean the cars say the thread in these curtains is made of
pure gold. Every once in awhile one of the high officials opens the window
to give an official address. Official UC addresses are done by the official
dangling his or her backside out the window and permitting the businessmen
and prominent local officials to kiss it.
"Down the line you might see more than a hundred cars with fly-specked
little windows. That would be your secretarial pool cars. You'll see women
answering telephones behind the little windows. They all say the same thing
to whoever is calling. The message is: 'whoever you're calling is out of the
office.' That's an essential component of a gravy train and staff."
"Why?" Hector wanted to know.
"Well, your key difference between staff and ordinary people is that staff
has secretaries to tell anyone trying to call that staff is out of the
office. Otherwise you wouldn't be staff. Get it?"
"No," Hector said.
"Well, you're young yet," the old brakeman said. "You see those plumes of
smoke up ahead, looks like burning rice fields?"
"Yeah," the dull-witted boy said.
"That's your public records cars. See, to get back to the beginning, your
pork barrel, because it's a public project using tax money, has to comply
with all local, state and federal regulations. That means about half the
staff on the gravy train are constantly writing reports on the development
of the pork barrel so the public will know what's going on. Get it?"
"OK."
"But since your leadership don't want the public to know anything about the
pork barrel except flack, as soon as those staff reports are written and
read by leadership, they run them over to the incinerators in your public
records cars before the environmentalists get hold of them. Get it?"
The dull-witted boy bit a finger nail and said nothing.
"I know it takes awhile," the old brakeman said.
"But all the public records don't get burned up because copies of them go to
place like the natural resource agency cars. Now these cars look kinda like
old-time Pullman cars, a little worse for wear. The blue and gold paint is
chipped and you can see the old Pullman green underneath it. That's because
there's more money in pork barrels than there are in resource agencies. And
there's only a handful of people in each car. But you can't see these people
because the windows are blocked by signs. Each sign is just one big letter.
Put all the letters together and they spell, 'Sue us, please!'
"Then you got your punishment cars," he continued. "There done in an Old
West motif, real graphic and meant to show the public what can happen if
anybody asks any dumb questions and does anything that displeased any
powerful person on the gravy train.
"You got a few emaciated journalists prowling around open cages begging food
from passers-by. Then they've got a former congressman tacked up to a cross
with real nails. Then they've got the skin of a baby black bear tacked up
for some reason, right over the hide of the guy who shot it, making a
charming Western tableau. Then they've got their wanted posters -- mainly
pictures of vernal pools. They've got see-through padded cells for
consulting biologists who went nuts trying to prove they could build the
project without threatening endangered species.
"Then you have your road-kill panels," he continued grimly. "Oh, yes. Car
after car fitted out with tall, white walls on which they tack up dead
squirrels, skunks, coyotes, mice, dogs, cats and whoever else they can
scrape off the roads. If you look at this project from a raptor's point of
view, it looks like Sherman's march to the sea, burning crops all the way or
maybe what the Spanish did in Peru when they burned all the amaranth.
"Next to the flack cars, you find your newspaper cars," the old brakeman
explained. "The newspaper cars are connected to the flack cars by fax
machines. In the beginning of the gravy train you could still see through
the windows into the newspaper cars but that hasn't been true for a year
because fax flack has filled the newspaper cars entirely. Sometimes, if the
train is stalled and you're near a newspaper car you can still see movement
inside. Sometimes the paper seems to move about and you can imagine there
are editors within but you never see them anymore and they sure as hell
can't see you. Every once in awhile some editor gets so burned out, his
frying mind sets fire to the fax flack and one more local newspaper
uncouples from the line.
"Next to the newspaper cars, you have your dog-and-pony cars. They're set up
like theater stages, complete with adoring audiences of reporters and local
leaders hanging on every bark and whinny. One stopped near where I was
working on the track for several hours. It drew a crowd because people are
naturally curious when they see dogs and ponies dressed up like college
professors.
"So, we're all standing there watching the dogs bark, the ponies whinny, the
local leaders acting like they understand every word and asking important
questions about growth and prosperity and the reporters scribbling away in
their notebooks. But, boys, none of us out here on the track could speak
either dog or pony so we couldn't make head nor tails out of it.
"My personal favorite car on the UC Gravy Train is a special glassed-in car
full of naked lawyers who were too stupid and corrupt to be of any use on
the project. They don't feed them anything so every couple of days or so
they hold a trial, convict one of their mates and eat him. It's something to
see."
"Then, of course, you got your boosters -- confetti and pompom girls. A lot
of those cars are filled with school kids and your ethnic minority groups.
No gravy train can do without your smiling children and your smiling,
grateful minority people -- just glad to be here in the US improving
themselves through education. They tend to work on your politicians' hearts
and minds. Who ain't gonna vote for more tax money for a university in their
region after your school children and your minority leaders have come to
them begging for the chance to be Real Successful Americans like that
traffic consultant and telling you that if you don't vote for that campus
and the nuclear research lab in your backyard you're just condemning those
people to ignorance and privation.
"Then you got your school teachers and your school administrators cars," he
continued. "These look like floats at the homecoming parade. They are alters
made of wire and blue and gold paper napkins. It ain't Christian exactly
because they're worshiping a Golden Bobcat, a creature that does not occur
in nature but which they highly exalt anyway. They kneel all around it and
pray 24/7.
"The UC Gravy Train goes on and on," the old brakeman said. "You got your
developer cars and your land speculator cars. The only way you can tell the
difference is your developer cars have little slit windows about an inch
thick that double as rifle ports. Land speculators don't have any windows at
all.
"Boys, you see that boxcar coming up?"
"Yep," the dull-witted boy said.
"Well that's my car and I'd better hop it or I won't get any lunch. See you
later."
With that the spry old brakeman disappeared in the open door of the boxcar.
The boys were hoping to see the cannibal-lawyers cage but gave up after a
couple of hours and went home.

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Extinction no solution to water pollution -- Felix Smith

Submitted: Jul 04, 2007

When one looks seriously at the probable extinction of the Delta Smelt, the only thread in the history is the one most denied in the San Joaquin Valley: the systematic, long-range, politically rigged destruction of Public Trust law and natural resources by agribusiness lords and by the aggressions of water agencies led by Wetlands Water District. The entire violation of public trust exploded in Merced County in 1983 at Kesterson National Wildlife Refuge, where it was discovered that agricultural drainage piped from the south San Joaquin Valley with its highly concentrated amounts of Selenium, sickened, deformed and killed living beings -- people, livestock, and aquatic and avian species. Through more than 20 years of government propaganda denying it, coverups, harassment of government staff, ranchers, farmers, environmentalists and journalists that have told and continue to tell the truth, the destruction has continued to unfold.

Badlands is honored to publish these remarks sent to us by former US Fish & Wildlife Service biologist, Felix Smith, before a House Natural Resources Committee hearing on July 2 in Vallejo on the Delta. Smith has never stopped doing his duty as a federal wildlife biologist by speaking the uncomfortable, officially denied truth, since at Kesterson he held the first deformed bird in his hands. The best account in book form of what Smith and others went through to reveal this painful truth, describe its origins and predict its consequences, is available in Tom Harris' Death in the Marsh. Other books include Reisner's Cadillac Desert and The King of California: J.G. Boswell and the Making of a Secret American Empire, by Mark Arax and Rick Wartzman. The best reporter and commentator on the subject is Lloyd Carter.

The worst newspaper coverage of the Kesterson disaster was by the Merced Sun-Star, on top of the story but, judging by its archives from the time, running away from it as fast as it could.

Badlands editorial staff
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House Natural Resources Subcommittee on Water and Power,

Hearing on

“Extinction is Not Sustainable Water Policy: the Bay-Delta Crisis

and

Implications for California Water Management”,

July 2, 2007 at Vallejo, California.

To Chairwoman-Representative Napolitano and other members of this subcommittee.

My name is Felix E. Smith. I appreciate the opportunity to provide these comments. Please include these comments into the record of this hearing.

I held the first deformed migratory bird, an American coot hatchling, found at Kesterson NWR in 1983. At that time I was a U.S. Fish and Wildlife Service biologist recently assigned to look into the emerging issues involving agricultural drainage and wastewater. That experience impacted my life. Some of my concerns regarding Selenium contamination of the lands and waters and associated resources, uses and values are described in my article, “The Kesterson Effect: Reasonable Use of Water and the Public Trust”, published in the San Joaquin Agricultural Law Review, Volume 6, Number 1 - 1996. I submit this article for the hearing record by this reference.

Water is the environment in which fish and other aquatic resources must carry on all their life processes. Such resources, associated uses and values are inextricably tied to the physical, chemical and biological aspects of that aquatic environment. Healthy and diverse aquatic populations are indicative of good water quality conditions (flow, temperature, oxygen and chemical parameters). Good water quality allows for near optimum use of water as an M & I supply, an irrigation supply and as an environment for fish and other aquatic life. For healthy and sustainable fish populations to exist (also wildlife populations), the total aquatic environment (the water, the bed, the riparian vegetation and associated insect life, the food web) all interact and therefore must be suitable for aquatic life at the individual, population and community levels.

The Federal Clean Water Act, as amended, and the Public Trust embrace affirmatively and positively that the people are to be protected against all unwise and unreasonable uses of Federal and State waters. Uses of water can be considered unreasonable because they pollute; because they offend our sense of aesthetics or natural beauty; because they interfere with the right of the public to enjoy a natural resource of state or national significance; because they threaten in a harmful way to upset the ecological balance of nature, or because to allow this unreasonable use confers a valuable privilege which is inconsistent with protecting the public trust.

Agencies like the Federal Environmental Protection Agency (EPA) and California’s EPA were established to protect the public interest and quality of the Nation’s lands and waters. Such agencies are not to squander clean air, allow the pollution of our rivers, streams and groundwater, allow the pollution or other degradation of our land leaving a degraded legacy for our grandchildren or allow the pollution of the body’s of our children, our fish and wildlife resources or our food supply. These same agencies should not look like shills for corporate farms or massive water districts (Boswells Farms, Westland Water District).

Any effort at maintaining sustainable water quality, agriculture and wetland ecosystems (fish and wildlife resources) must involve an understanding of the interaction between the soil and the flow of water over, through, and under the soil well beyond the point of application. Preserving soil fertility is critical to sustaining its productivity. Preserving and maintaining water quality is critical to the productivity of water as an ecosystem and as a commodity for domestic and industrial uses. Unlike soil, which can be built up over time, water can’t be built or enhanced. A river can be lost to a farmer; to a species of fish or to fish resources; lost as a place to recreate or as a water supply. It can be diverted, polluted, misused or over appropriated. Aldo Leopold’s Round River makes the principles of ecology clear and vivid, suggesting that nature is a “Round River”, like a stream flowing into itself, going round and round in an unceasing circuit, going through all the soils, the flora and fauna of the earth while supporting many resources, beneficial uses and values. Destroying one part can destroy it all and all its benefits to society.

A use of the lands and waters of a watershed that so degrades the sustainability of a downstream ecosystem or a component of that ecosystem to make it unsuitable for sustaining viable agriculture, wildlife, fish and other aquatic life, or which makes fish unsuitable for human consumption, or which is a hazard to other fish and wildlife, or which degrades ecological, aesthetic, recreational uses, small craft navigation, and scenic values, is inconsistent with public trust protection, the reasonable use of water is therefore a nuisance. When chemicals enter the bodies of children, or enter the domestic or wildlife food supply to toxic levels without our consent, it is a trespass.

Here is an example brought to you in part by the Federal Bureau of Reclamation and the Central Valley Project.

It was known for a long time that the soils of the Westside of the San Joaquin Valley were derived from parent material formed in an old seabed. The California Department of Water Resources Bulletin No. 89, Lower San Joaquin Valley Water Quality Investigation – 1960, discusses concerns about the chemicals and various salts in the soils and drainage from the area. The soils and parent material extend throughout the Westside, south to the end of the Valley. The sodium ion was a major concern along with a variety of sulfates, boron and numerous trace elements. Even at that time drainage was believed to be a serious and emerging problem. Drainage from the Panoche area was highly concentrated from a quality standpoint and “unusable for beneficial purposes” (see pg. 95 of DWR –Bull. No 89). At that time the San Joaquin River was already seriously polluted from agricultural drainage and wastewater.

The observation “that the drainage was highly concentrated from a quality standpoint and unusable for beneficial purposes”, sparked little attention. With the application of vast quantities of Bureau of Reclamation water to the highly saline / seleniferious soils, the need for drainage works quickly become apparent. Surface waters and the San Joaquin River showed additional evidence of pollution.

By 1982 some people, including a few Grassland duck club owners, believed that something was wrong in the northern Grasslands. They had noticed sick and dead birds in 1981 and 82. In 1983 the first deformed young of migratory birds were found on Kesterson NWR by researchers from the U. S. Fish and Wildlife Service. Kesterson Reservoir (NWR) was the then terminus of the San Luis Drain. People were disturbed by the pictures of dead and grossly deformed waterfowl and shorebirds obtained from Kesterson Evaporation Ponds that were appearing on the nightly television news at dinnertime. Selenium (Se) in the agricultural drainage accumulated via the food chain to high levels in their tissues resulted in dead adults, dead and deformed young. Several species of fish had elevated Se levels in their tissues.

In September 1984, California’s State Board, in its Agricultural Water Management Guidelines for Water Purveyors, stated, “Failure to take appropriate measures to minimize excess application, excess incidental losses, or degradation of water quality constitutes unreasonable use of water” (Emphasis added).

The State Board followed with its Order WQ 85-1(February 1985). The State Board found that agricultural drainage and wastewater reaching Kesterson Reservoir “is creating and threatening to create conditions of pollution and nuisance” (Emphases added). The Order then warned “If the Bureau closes Kesterson Reservoir and continues to supply irrigation water to Westlands Water District without implementing an adequate disposal option, continued irrigation in the affected area of Westlands Water District could constitute an unreasonable use of water” (Emphasis added).

From 1986 to today (2007), Selenium contamination is sufficient to cause deformities and threaten reproduction of key species within the area of the greater Grasslands, in the San Joaquin River to the Bay-Delta estuary. Deformed migratory birds have been found in every year field investigations were conducted for such evidence. Selenium concentration was also high in eggs that were sampled, which in turn could have lead to deformities. Fish resources continue to show high levels of Se because of a Se -contaminated food chain. Selenium has been found in what is usually called edible tissues and in reproductive organs of birds and fish.

Human health advisories have been issued against consuming Se contaminated edible tissues of fish (bluegill and largemouth bass) and of migratory birds (ducks and coots). Women of childbearing age and children are cautioned against eating such tissues. State Board reports indicate that in the Bay-Delta, surf scoter, greater and lesser scaup and particularly white sturgeon appear to be the most at risk to Se toxicity because they feed on filter feeders (i.e. bivalves). Concentrations Se found in 62 white sturgeon muscle samples and 42 liver samples far exceed tissue thresholds for reproductive effects. Recent findings add the Sacramento splittail to the list of species exhibiting elevated Se levels.

The USGS report (Report) ”Forecasting Selenium Discharges to the San Francisco Bay-Delta Estuary; Ecological Effects of a Proposed San Luis Drain Extension” by Drs. Samuel N. Luoma and Theresa S. Presser –2000), indicates that the reservoir of Se on the Westside of San Joaquin Valley is sufficient to provide loading at an annual rate of about 42,500 pounds of Se to the Bay-Delta disposal point for 63 to 304 years at the lower range of its projection. This is with the influx of Se from the Coast Range curtailed.

Selenium bioaccumulation is a major water quality problem. The combination of California’s climate, hydrology, Se loading, Se reactivity, and Se bioavailability poses a significant threat to the aquatic ecosystem of the Lower San Joaquin River and Bay-Delta. Selenium contamination is damaging beneficial uses, degrading food sources of humans and wildlife, aesthetic, recreation and ecological values. Risks to fish and bird reproduction could lead to extinction via contamination of the invertebrate food supply. Filter feeders are great concentrators of Se. Aquatic insects were the primary food item of shore birds. The Report concludes that bivalves appear to be the most sensitive indicator of Se contamination in the Bay-Delta. In the Bay-Delta and the lower San Joaquin River tidal action will increase the resident time of Se, exposing all aquatic organisms and increasing the ability of food organisms to accumulate greater amounts of Se and pass it up the food chain to predators.

Studies indicate that the highest concentrations of Se (12 to 23 ppb) were measured in green sunfish (lepomis cyanellus) from the San Luis Drain where seleniferous drainage is most concentrated. The second highest concentrations of Se (7.6 to 17 ppb) were measured in green sunfish (lepomis cyanellus) and 14 to 18 ppb Se in bluegills (Lepomis macrochirus) taken from North Mud Slough. The high levels (body burden) of Se could be related to the Se sequestered in the sediments and benthic organisms that is mobilized by the detritus–based food chain. (USGS, Biological Resources Division “Effects of an Agricultural Drainwater Bypass on Fishes Inhibiting the Grassland Water District and the Lower San Joaquin River, California” by Saiki, Michael J., Barbara A. Martin, Steven E. Schwarzbach, and Thomas W. May. In North American Journal of Fisheries Management, Vol. 21:624-635, 2001.

One can conclude that water borne Se is the single most predictor of pollution, that it can and continues to have an adverse affect on the aquatic ecosystem, associated fish and wildlife resources, uses and values (Saiki, et al-2001)

The bottom line is that saline / seleniferious soils of the Westside of the San Joaquin Valley contain a reservoir of Se, other trace elements and a variety of salts, that with irrigation, will continue to leach from the soils to the shallow groundwater for years and years to come. This Se leachate / drainage will continue to degrade down slope lands, surface and groundwater, fish and wildlife habitats and other beneficial uses of the receiving waters including the San Joaquin River and Delta.

Today we have the longest Selenium hazardous waste site know to man, extending from at least the Mendota pool and the Grasslands (near Los Banos), downstream via the San Joaquin River to the Delta, Suisun Bay and adjacent marshes. This involves 130 miles of San Joaquin River, miles of waterways in the Delta and 1,000s upon 1,000s of acres of San Joaquin Valley lands and aquatic ecosystems.

With the above information one could allege that the continued irrigation of saline / seleniferious soils of the Westside of the San Joaquin Valley and Se contaminated discharges to the San Joaquin River constitute a waste and unreasonable use of the State’s water, and a nuisance.

This Committee or a court should review the drainage issue and associated impacts to determine if such a use of water is both beneficial and reasonable within the context of continuing shortage of water, the broadened meaning of beneficial use of Section 8 of the Reclamation Act of 1902 and the contemporary equal priority setting of CVPIA, Section 3406 (a) (3) and the Clean Water Act, as amended.

To me this irrigation use of water, associated drainage, Selenium and other impacts is just as inconsistent with reasonable use and public trust protection as is the filling of tidelands (Mark v. Whitney 6 Cal, 3d 251 -1971); as is allowing mining waste and debris that impacted water quality and impede navigation (Woodruff v North Bloomfield Gravel Mining Co. (Fed Rpt. Vol. 12 – 1884) and People v Gold Run Ditch and Mining Co. (4 Pac Rpt at 1152 – 1884); as is a ranch or farm which allows animal wastes and other filth to contaminate the waters of a stream which impacts the water supply and beneficial uses of downstream users (People ex rel Ricks Water Co. v Elk River Mill and Lumber Co. (40 Pac Rpt 486 –1895); as is the deposition of mill wastes and other debris which destroys aquatic life and a fishery ( People v Truckee Lumber Co.(16 Cal 397, 48 Pac 347 - 1897) , and as is the diversion of water which destroys numerous uses and values protected by the public trust reaffirmed or clarified in Audubon (National Audubon Society v Department of Water and Power, City of Los Angeles (33 Cal 3d 419, 658 P 2d 709, 189 Cal Rpt.346; cert denied 464 U.S. 977 – 1983).

The point made by the Elk River Court that if the conformation of the defendant’s land is such that he cannot carry on a dairy without putting such filth directly into the water, then he must find some other use for the land (emphases added). This rational thinking of over 110 years ago is particularly relevant to today’s Se, salt, drainage and wastewater issues associated with the irrigation of selected lands in the San Joaquin Valley. Following the thinking of the Elk River Court, if the Westside farmers cannot carry on their operations without polluting the local ground and surface waters, then they must find some other use for the land. And there is no taking issue for a use that is deemed unreasonable and a nuisance (Audubon).

Some Suggested Actions

Control of agricultural pollution also might be achieved by instituting best management practices, land retirement, and by economic incentives (substantial fines, forfeiture of all or a portion of appropriated water rights or contract allotments). Land retirement is an important option. Removing Federal irrigation water from being use on the Se source lands. Taking the land out of production that is the source of the majority of the salt and selenium problems should have quick and positive results and many public benefits. This can be attained by direct purchase of land or the irrigation rights, leasing land, purchasing the irrigation water allotment to such lands while prohibiting the use of groundwater on those lands.

Retiring lands containing significant levels of selenium or other toxic materials would have just a one time cost. A long term lease might also work, for there would be little if any maintenance costs. Land not needed for conservation purposes such as restoring native grasslands and related fauna of the San Joaquin Valley, could be sold, with title restrictions, for selected compatible uses such as dry land farming, grazing, etc. Within the Westlands Water District problem soils have been estimated at 100,000 to 275,000 acres (USBR, April 1991).

At a cost of $1,000.00 per acre it would cost $100,000,000.00 to retire 100,000 acres or $275,000,000.00 for the 275,000 acres. Lands acquired should be purchased with today's realities in mind. This includes limited or poor ground water, extensive selenium and sodium sulfate problems. Any value added to the price of land should not be based on speculation, the availability of Federally subsidized water, or on the potential construction of a Federal drainage facilities. A reality is that problem soils without water are just about worthless.

For each acre of irrigated land retired, there would be commensurate saving of about 2.0 to 3.5 acre feet of water per acre (depending on crop) or about 200,000 to 350,000 acre feet for each 100,000 acres taken out of irrigation. This water is firm yield water imported from northern California. For each irrigated acre taken out of production there would be a reduction of 20 to 60 pound of pesticides (active ingredients) plus 80 to 250 pounds of carrier materials, (oils, etc.) not applied to the soils. There would be a reduction of the amount of drainage and wastewater generated of about .6 to .8 acre feet per acre of land retired or 60,000 to 80,000 acre-feet for each 100,000 acres retired. There would be a saving in electrical energy by not having to pump water from the Delta. There should be benefits to fish resources and associated fisheries as up to 600,000 to 900,000 acre-feet would not have to be pumped from the Delta.

The water savings could be used to restore or otherwise benefit fish resources and fisheries throughout the waters of the Bay-Delta watershed. Any remaining water could be sold for municipal uses.

Economic incentives may be effective because of the existence and potential threat of law suits using the public trust doctrine, waste and unreasonable use, and the State's enforcement powers. A finding of a waste and unreasonable use of water by a court or the State Board or a finding based on the public trust could bind all entities discharging selenium, boron and sodium sulfate laden drainage and wastewater in to state waters.

Based on the State Board's 1984 (Agricultural Water Management Guidelines for Water Purveyors) and 1985 State Board Order WQ 85-1 definition of what constitutes an unreasonable use of water, the effects from irrigating saline, seleniferious soils are such that this use must be considered a waste and unreasonable use of water and the resultant drainage and wastewater a nuisance. This violates Article X, Section 2, of the State Constitution. The premise of the Federal Clean Water Act, as amended, is violated. The impacts violate Section 8 of the 1902 Reclamation Act, which requires compliance with State laws. Section 8 also says; Provided, That the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure and the limit of the right.

Thank you.

Felix E. Smith

4720 Talus Way

Carmichael, CA 95608

MillerHearofJuly22007

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Hun fires CARB chairman, appoints another

Submitted: Jul 03, 2007

Gov. Arnold Schwarzenegger probably didn't fire California Air Resources Board Chairman Robert F. Sawyer because Valley citizens spent the last several months looking for win-win, public-private solutions to air pollution in the Valley while the regional board voted to extend the deadline for air cleanup 11 more years. The governor probably didn't fire Sawyer because local anti-pollution activists had followed the advice of Merced County supervisors who say the public should come to them as politely as developer lobbyists, or Merced City Councilman Rick Osorio, who says anti-WalMart Distribution Center activists should not come to council meetings and wag fingers in the faces of council members, but should -- as Councilman Carl Pollard recommends -- go out into the community and raise consciousness. In other words, go anywhere but where the decisions are made.

The governor probably fired Sawyer, whose board approved the Valley regional air board decision, because the public went to both regional and state air board hearings and protested this outrage against public health and protested the blatant lies told by the regional board executive director. He may also have listened to state Sen. Dean Florez, D-Shafter on the subject of Valley air pollution and the witless corruption of the regional air board. The governor may also have been influenced by a large number of honest expressions of disgust with the regional air board in letters to the editor in Valley newspapers, as well as editorials including a blunt one in the San Francisco Chronicle.

Nope. The chances are better that the governor responded to old-fashioned political pressure from the public, which faces intimidating slurs like "asthma terrorists" and "socialists" from public officials when they testify.

Developers and their bought local legislatures in the San Joaquin Valley have mounted a massive campaign, including much subtle propaganda, to convince the Valley public that professionally facilitated "value-free" consensus groups spouting a brand of niceness that would make the Buddha puke, will find a plan to create a slurbocracy and gain all the federal highway funds developers and public officials desire, while simultaneously cleaning up the air quality in the worst pollution region in the nation.

These are the same business and political leaders that have caused a financial hemorrhage in mortgage defaults that currently leads the nation on a per capita basis as the speculative housing boom continues to bust.

Locally, the boom was more accentuated due to the presence of our anchor tenant, UC Merced, which came to the Valley to give us all college educations. One of the curious sociological facts that emerge among a population below the national and state norms for college degrees is the touchingly sweet belief that UC tells the truth.

UC does not tell the truth and it hasn't, possibly since it began work on the Atomic Bomb. UC Merced has a memorandum of understanding with UC/Bechtel/Lawrence Livermore National Laboratory, which now appears to be in the final running as a site for a biodanger-level 3 and 4 biowarfare laboratory near Tracy that will study the most infectious diseases on earth, including those for which there are no cures yet available. The UC flak on this biowarfare facility is that it will be primarily devoted to animal diseases and might replace Plum Island NY Animal Disease Laboratory, which also engages in expert propaganda about its defensive intent.

These labs aren't secure and cannot be made secure.

Three infectious germs, Bb (Lyme Disease), West Nile virus, and duck enteritis virus -- all foreign germs -- have infiltrated the American landscape. All three emerged from the same geographic locus. All three occurred in the vicinity of a high-hazard, high-containment foreign germ laboratory with demonstrably faulty facilities and pitiable biological safety practices -- flaws that cause proven germ outbreaks in the past, and infections amongs its employees. The public is asked to accept that none of these three outbreaks is connected to Plum Island.
That's what one calls blind faith...
Lab 257, Michael Christopher Carroll, p. 38.

UC flak is already busy guiding our blind faith in public-private, win-win partnerships between lethal animal pathogens and agricultural industries. Among the blindly faithful, according to UC's "agricultural division’s government and external relations director, Steve Nation," is the California Farm Bureau, the California Cattlemen’s Association, a woolgrowers association and Foster Farms.

On July 3, the Hun appointed Mary Nichols to become the new chairperson of the California Air Resources Board to appease the clamor of the same environmental groups that worked so hard to replace Rep. RichPAC Pombo, Buffalo Slayer-Tracy, with Rep. Jerry "HiTech" McWarpork.

Presumably, the Hun and Assembly Speaker Fabian Nunez can once again sit on a Capitol balcony puffing cigars in peace like two Boston lawyers.

However, the northern San Joaquin Valley public is not made restful by the Hun's most political choice. We remember Nichols as secretary of the state Resources Agency in the Gov. Gray Davis administration, where she played the role of top conductor in the orchestration to steamroll any and all state and federal environmental law and regulation that stood in the way of the UC Merced permitting process. Whatever Nichols might have done elsewhere on behalf of state natural resources, here in the former Condit Country she corrupted the law and her agency's duties.

From Nichols, we look for smooth flak on Valley air pollution and no action. Nor do we look for any help from her regarding the Livermore Lab's program to accelerate bomb testing eight-fold, vastly increasing the amount of radioactive waste, where the biowarfare lab is proposed.

Badlands editorial staff
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6-29-07
Fresno Bee
State air board chief is let go...E.J. Schultz, Bee Capitol Bureau
http://www.fresnobee.com/263/story/72738.html

Gov. Schwarzenegger on Thursday fired the chairman of the California Air Resources Board, days after the governor criticized the board for agreeing to delay a clean-air deadline for the San Joaquin Valley. Robert Sawyer, a Democrat and former university professor, was forced out after an 18-month reign in a signal that the governor isn't happy with the board's direction. Environmentalists came to his defense, saying he was a scapegoat. "We think that the board as a whole and its staff need to be more aggressive," said Bill Magavern, senior representative for Sierra Club California. "Sawyer wasn't the problem." Michael Marsh, chief executive officer of Western United Dairymen, also termed Sawyer's dismissal "disappointing."..."From our industry's perspective, we've long advocated a science-based approach to air regulation," Marsh said. "It's just disappointing that a scientist with that kind of prestige, who reviewed issues and used a science-based approach, won't be on the board any more. If you're going to have a meaningful reduction in smog and ozone, you have to follow the science. You can't just make stuff up."

7-3-07
Fresno Bee
ARB official quits in air rift...E.J. Schultz
http://www.fresnobee.com/263/story/75973.html

The executive director of the California Air Resources Board quit Monday -- and on her way out the door accused Gov. Schwarzenegger's top aides of blocking efforts to clean the air and fight global warming. "I believe the governor cares deeply about air quality, but no one in his inner circle does," Catherine Witherspoon said in an interview with The Bee. Witherspoon's departure comes less than a week after Schwarzenegger fired air board Chairman Robert Sawyer.... Witherspoon said that was a "cover-up." In reality, she said, Schwarzenegger's aides were worried that Sawyer was moving too aggressively on rules to implement the state's new global warming law, known as AB 32. "The real reason for firing him was climate-change policy," she said. Sawyer "sought to adopt more early-action measures than the Governor's Office wanted."

7-2-07
Contra Costa Times
Thousands of cancer-stricken nuclear workers' claims languish...AP
http://www.contracostatimes.com/search/ci_6277685

A government program designed to compensate cancer-stricken nuclear workers has paid only 38 percent of the thousands of claims is has received since 2001...vast majority of the 148,181 claims filed by the terminally or seriously ill have languished or been denied since the government started the federal Energy Employees Occupational Illness Compensation Program Act, The Contra Costa Times reported. The program was created to provide money, medical expenses and lost wages to Cold War-era workers exposed to radioactive or toxic materials while on the job...the government initially thought it would cover more than 3,000 workers at a cost of $13 million a year for a decade. To date, $2.8 billion has been paid to claimants, and millions more have been spent on administrative costs. Former Sandia/California National Laboratories employee Gerry Giovacchini applied for compensation in 2002 after learning he had tumors in his neck, arm, eyes and spinal column. Five years later he is still waiting to see if he'll be paid. For 14 years at Lawrence Livermore National Laboratory Tom Chatmon oversaw the transport of plutonium, uranium and other radioactive materials. He developed multiple myeloma, a cancer linked to radiation exposure. His claim was denied in November. "At the time, I didn't know anything about plutonium or uranium," said Chatmon. "We were told we weren't dealing with anything dangerous." Seventy-three percent of compensation decisions for former employees of Lawrence Livermore Lab have been denials. At Lawrence Berkeley Lab, its 76 percent denials. Giovacchini and other have also dealt with the labs' inability to locate key medical and other records so that they can prove their cases.

6-29-07
UC Merced cancer research gets a boost...Victor A. Patton
http://www.mercedsunstar.com/local/story/13739491p-14323632c.html

Researchers at UC Merced say two recently awarded seed grants will help jump-start the campus' much-anticipated cancer research program. The grants, which total $90,000, were awarded last week to UC Merced by the UC Cancer Research Coordinating Committee and will fund the research for one year, according to Maria Pallavicini, dean of UC Merced's School of Natural Sciences. Pallavicini was the recipient of a $40,000 grant, which will be used to study how stem cells change in the formation of cancerous tumors. Pallavicini and Manilay's research will be conducted in labs on UC Merced's campus and could shed light on how stem cells are altered in cancer. UC Merced Professor Jennifer Manilay received a $50,000 grant to study the role of hormone and receptor pairs in the development of T-cells. The grants are the first UC Merced has received to fund cancer research... The grants are the first UC Merced has received to fund cancer research. UC Merced Chancellor Steve Kang said in May that a business plan and economic impact study for the new medical school will likely be submitted to University of California's Office of the President sometime this summer...a price tag of $200 million and could be completed by 2013.

1-24-07
Tracy Press
Supes vote to back bio-lab…John Upton
http://tracypress.com/content/view/7317/2/

Acting on the advice of its agricultural committee, the San Joaquin County Board of Supervisors voted 4-1 on Tuesday to support an anti-biological terrorism laboratory that could be built southwest of Tracy to research incurable fatal diseases that affect both animals and people. Superintendent Steven Gutierrez voted against his colleagues, saying it was too early to determine whether the research activities would help safeguard and support the general public. “What research activity” Gutierrez said. “You don’t know what they’re going to do.” The Department of Homeland Security and Lawrence Livermore have not yet announced what types of diseases will be studied at the bio-lab, how the pathogens will be shipped in and out of the bio-lab, or whether accidents will be publicly reported. The Tracy City Council is expected to vote on whether it supports the bio-lab proposal at its meeting Feb. 6. Lawrence Livermore is managed by the University of California. The university’s agricultural division’s government and external relations director, Steve Nation, said after the meeting that the agricultural industry strongly supports the proposed bio-lab. He said the California Farm Bureau, the California Cattlemen’s Association, a woolgrowers association and Foster Farms support the bio-lab …

7-3-07
Capitol Notes
Former, And Future, Air Board Chair
http://www.kqed.org/weblog/capitalnotes/2007/07/former-and-future-air-board-chair.jsp

Governor Arnold Schwarzenegger, seeking to end the controversy over his administration's interaction with the California Air Resources Board, today named a new leader of the agency... the same person who led the agency under former Governor Jerry Brown. At a news conference this afternoon, the governor announced that he has appointed Mary Nichols to be the chairperson of the ARB, replacing Robert Sawyer, whom Schwarzenegger fired last week.
Nichols has a long tenure in and out of state and federal government, last serving as secretary for Resources under former Governor Gray Davis. Environmental groups quickly praised the selection of Nichols. And it seems likely that she will quell some of the enviro groups' anger that surfaced this week about the alleged relationship between the governor's inner circle and ARB officials. In particular, the last few days have brought to light allegations that the governor's top advisers have attempted to micromanage, and slow down, the ARB as it makes its initial decisions on reducing greenhouse gases under AB 32...

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People with passion and people who babble about it

Submitted: Jul 03, 2007
Mr. Carter will give us the BIG picture on the Merced River - where it comes from and where it goes - as well as the importance of the river to our communities. Lloyd Carter is very knowledgeable about water issues and will also be speaking at the later in the day...Lloyd Carter continues his exploration of water and river issues in the San Joaquin Valley context. 1.5 hour talk at Heartland Festival/River Fair, Riverdance Farm, 2007.

At the public meeting of the East Merced Resources Conservation District on June 20, held at the Golden Bi-Product Tire Recycling Co. offices, Glenn Anderson, a district director, made an interesting comment about a speaker at the recent Heartland Festival/River Fair, held at the farm of another director, Merced County Planning Commissioner Cindy Lashbrook. The EMRCD was the main sponsor of the River Fair.

Anderson described Lloyd Carter, the best natural resources journalist the San Joaquin Valley has ever had, as "not positive or forward-looking." Anderson, not really attending the speech but overhearing it while waiting for a ride to another part of the farm, said Carter sounded like he was on a "rant."

Lashbrook noted that Carter's talk was the best attended of the day, and that a little controversy is OK. The term she used was a "pepper of controversy." Perhaps a small slice of jalapeno in a salad of old green jeans in what she meant. One is never sure.

These are the sort of people who use the word "passion" like the T shirt they bought at their last workshop on "organics and global warming."

Lloyd Carter's passion for the truth about agribusiness, subsidized water, the death of the San Joaquin River, the wildlife tragedy of the Kesterson Wildlife Refuge and in Boswell's Tulare Lake, selenium and other heavy metals, crooked Valley politicians, state and federal water policy and US Fish and Wildlife Service whistleblowers was stronger than his desire for a steady job in the newspaper business. And so he does something else now for a living instead of the journalism at which he excelled magnificently, and we only get to read him rarely in opinion pieces and letters to the editor, mostly in the Fresno Bee.

Researching an article on another topic that Carter knows a lot about, we found this following piece written by him in 1999 for a national audience. Readers will learn and enjoy this fine writer on the beat he has paid dearly to cover because, unlike the T-shirt passion set, Lloyd Carter speaks the truth to the most powerful people in our Valley -- with real passion.

Badlands editorial staff
----------------

The destruction of the American West -- starring big agribusiness and the government that supports it
By L. G. Carter
Penthouse Magazine, January 1999
Reprinted without permission
http://www.chebucto.ns.ca/~rakerman/articles/ph-Destruct_USA_West.html

Way out West the big farmers fly Lear jets, have private airstrips on gargantuan factory farms, control politicians in both major parties, and harvest barrelfuls of taxpayer subsidy money. They also dry up rivers, pollute aquifers, and conscript an army of Third World families to bring in the crops at below-povertyline wages. Grotesque deformities in ducks and geese, poisoned national wildlife refuges, massive fish kills, and pesticide-sprayed fields littered with thousands of dead birds are common, and unpunished, depredations in California's agricultural heartland, despite numerous state and federal wildlife-protection laws.

Meanwhile, the small farmers, whom Thomas Jefferson called the backbone of democracy, continue to disappear from the American landscape at a rate of more than 100,000 a year as a result of governmental and banking policies and the greed of food processors and exporters.

By 1989 only 1.9 percent of Americans lived on farms (compared to 90 percent in 1900), and the 1989 figure is misleading at that because the U.S. Department of Agriculture lists as a "farm" anyplace selling as little as $1,000 worth of agricultural products.

The capital of America's Agropolis is California's San Joaquin Valley, a cornucopia of more than 200 crops that generates $14 billion a year in gross farm income. And the uncrowned king of Agropolis is J. G. Boswell II, a reclusive, unassuming man who calls himself a simple cowboy. In fact he grows more cotton than any other individual in the world. No one knows how rich he is, but his power is vividly illustrated by some of his "accomplishments" during the past half century:

Along with a handful of other big growers, he got the U.S. Army Corps of Engineers (funded, of course, by the American taxpayer) to build four "flood control" dams on rivers flowing out of the Sierra Nevada so Boswell et al. could safely farm the bottom of what was once the biggest body of water west of the Mississippi River, the legendary Tulare Lake. Boswell now controls rights to public water that could well be worth nearly $1 billion. His property in California alone is estimated at 250,000 acres.
When big-rainfall winters reflood the old Tulare Lake Basin, Boswell collects millions of dollars in federal subsidies for not growing crops on the bottom of a natural lake bed.
Boswell persuaded the U.S. Supreme Court to let the richest grower with the most land in a California water district--namely, himself--control district water policy, creating what Justice William 0. Douglas called a "corporate kingdom undreamed of by those who wrote our Constitution."
Boswell got his lawyers to set up a trust for his employees in 1989 to evade federal acreage limitations for cheap federal irrigation supplies in the Westlands Water District, reaping an extra $2 million a year in water subsidies, according to a General Accounting Office study.
In 1982 Boswell was instrumental in blocking a "peripheral canal" to shunt fresh northern California water around the San Francisco Bay/Sacramento-San Joaquin Delta region in order to retain possible future access to north-coast California rivers.
As the U.S. Justice Department looks the other way, his 3,000-acre Tulare Basin evaporation ponds for toxic farm drainage water are triggering deformities in migratory ducks and shore birds supposedly protected by federal law.
Boswell has so far not taken any responsibility for a massive fish and wildlife kill on a 25 mile stretch of canal in h is cotton kingdom that in the late summer of 1997 destroyed 100 million fish and thousands of birds.
This sad spectacle is what is known as agribusiness.

Boswell has plenty of company in irrigation country out West, where growers have industrialized the fields and gained control of entire rivers. These corporate farmers usually don't live down on the farm. In California they often live in mansions in the city. One zip code in an exclusive neighborhood in Fresno--the nation's farm capital--receives more farm-subsidy checks than anywhere else. Fresno was the top farm-subsidy city in America between 1985 and 1995, with area residents receiving 22,419 checks totaling $103.4 million in taxpayer farm subsidies.

According to the U.S. Department of Agriculture, just six percent of our farms--the so-called megafarms--produce 59 percent of the crops in America. Eighty percent of the beef slaughter in America is controlled by just four meatpacking conglomerates, which more than doubled their market share in the past 18 years.

Boswell's domain is the Tulare Lake Basin, comprising parts of Kern, Kings, and Tulare counties in central California. His water rights are a real gusher, all granted from the public: They are equivalent to the needs of a city of three million people and are worth nearly $1 billion, more than twice the value of the land, according to a 1989 article in Forbes magazine, thus placing Boswell in the billionaire club. He also has extensive cotton lands in Arizona, pioneered the cotton industry in Australia, and has long been involved in urban development and real estate in Southern California and Arizona.

Boswell, who helped launch the political careers of three governors--Edmund G. "Pat" Brown, Ronald Reagan, and Pete Wilson--is legendary for his behind-the-scenes ability to avoid legal problems or get water laws either interpreted liberally or simply rewritten.

In 1969, when heavy rains hit California and the old Tulare Lake bed began to fill up, Boswell, as the largest landowner in the Tulare Lake Basin Water Storage District, shunted floodwater away from a planned district overflow area because he wanted to plant that area to cotton. Instead the water flowed into the lake, flooding his land and that of other nearby landowners, including the Salyer brothers, the second-largest growers in the lake basin. The Salyer Corporation sued the Tulare Lake Basin Water Storage District over an existing California water-code section that allowed one vote for every acre--in other words, giving the largest landowner the most votes and control of district policy and elections. Boswell simply used his acreage-based votes to direct the water-district board to flood out his neighbors' fields and keep the planned floodwater storage basin dry.

The Salyer suit finally worked its way up to the U.S. Supreme Court, and in 1973 a young Nixon High Court appointee named William Rehnquist, fresh from a law firm in Phoenix, wrote the majority decision, which in effect ruled for the Boswell corporation, arguing that even though water districts were political subdivisions of the state of California, the one-man, one-vote rule should not apply because the largest landholders had the most at stake during flood situations. Constitutional-law textbooks now refer to this decision as an "anomaly" in the American franchise system based upon the hallowed democratic tradition that corporations do not get to vote--and one person, no matter how rich, gets only one vote.

Justice Douglas castigated the Rehnquist ruling in a strongly worded dissent: "It is indeed grotesque to think of corporations voting within the framework of political representation of people," he wrote. "One corporation can outvote 77 individuals in this district."

Boswell, who has escaped major media attention for decades despite his enormous wealth and influence in agriculture, is famous for reaping government windfalls while decrying government support programs. When the rivers of the Southern Sierra flooded the Tulare Lake Basin, as they had done from time immemorial, Boswell collected more than $10 million in federal flood-relief money because his canals and water-delivery systems and cotton fields--located on the lake bed--had been flooded out or damaged. In addition, according to the Washington Post, Boswell got $3.7 million worth of grain from the controversial payment-in-kind program "for idling land that was under floodwater and could not have been planted."

In 1982 Congress, prodded by Western-state lawmakers, "reformed" the 1902 Reclamation Law, which President Theodore Roosevelt had pushed through Congress to put "family farmers" onto the Western deserts. The 1982 bill (1) eliminated the residency requirement, which had never been enforced (so the big growers can continue living in their mansions in town) and (2) raised the acreage limitation for receiving cheap federally subsidized water from 160 acres (which was routinely circumvented) to 960 acres. Even 960 acres wasn't enough for Big Ag. The loopholes in the 1982 "reform" law were large enough to drive John Deere tractors through, and Boswell and the other big Western growers promptly found ways to evade the 960-acre limitation, primarily through leasing arrangements and complex trusts.

In 1989 the U.S. General Accounting Office said Boswell had set up a trust for 326 salaried employees to evade the 960-acre cheap-water cap on his 23,238 acres in the Westlands. Those acres continued to be farmed as one unit by Boswell, who has managed to reap $2 million a year in water subsidies alone from the trust arrangement.

Boswell doesn't have to worry about wildlife laws either. Routine botulism outbreaks in the Tulare Basin, which can kill tens of thousands of migratory birds at a time, are usually attributable to agricultural and irrigation activities, yet enforcement actions are rarely undertaken by the California Department of Fish and Game or the U.S. Fish and Wildlife Service.

In September 1997 an estimated 100 million fish and 2,300 federally protected birds died in an unexplained disaster along a 25-mile canal on the Boswell holdings. Local game wardens said they could not remember a bigger wildlife die-off in the valley. Crime investigators from the federal and state wildlife agencies were quoted in local newspapers as saying they would uncover the source of the deaths (one potential cause was pesticides) and prosecute those responsible. Nearly a year later no action had been taken.

Boswell has now retired to Ketchum, Idaho, and his son James runs the cotton empire from his home in suburban Los Angeles, although it is believed the elder Boswell still holds the reins.

While Boswell has escaped media scrutiny, he and his cohorts face an ominous threat, which, fittingly enough, they brought upon themselves. Irrigated agriculture on millions of acres of unsuitable soils in the American West is destroying aquifers, salting up land, and poisoning wildlife that once filled the rivers and wetlands west of the Mississippi.

A trace element called selenium, leached from the soil by flood irrigation and dissolved in drainage water flowing from the big irrigation projects, is moving into downstream food chains and causing deformities in migratory birds at--of all places--national wildlife refuges throughout the West. And selenium isn't the only problem. Depending on the soils being drained, the drainwater can also contain dangerous levels of dissolved boron, molybdenum, mercury, arsenic, lead, vanadium, pesticides, herbicides, fungicides, sulfates, and even uranium.

Drainage water from irrigated agriculture is created because searing summertime temperatures in California and Western desert lands bring salts, trace elements, and heavy metals to the surface on ancient-seabed shale soils. This witch's brew of chemicals slowly rises into the root zone of crops, threatening productivity. Irrigation waters imported from other areas carry more salts. Flood irrigation in areas with subterranean clay layers further exacerbates the problem of shallow salty groundwater. Agricultural scientists have known for decades that the only way to keep crop production up is to lower the water table below the root zone by pumping the toxic wastewaters out of the ground and sending them somewhere else.

"Since the 1930s an army of government scientists has provided a plethora of disturbing hard facts about selenium," says Joe Skorupa, a U.S. Fish and Wildlife Service biologist who investigated the bird deformities at Boswell's pond. "Unlike other major pollution problems, however, such as acid rain, oil spills, or smog, the government has not only failed to move an inch toward protecting the American public and a wide diversity of public-trust resources, but, incomprehensibly, actually continues to completely exempt agricultural pollution from the Clean Water Act. In the San Joaquin Valley alone, every year of inaction adds the equivalent of about 13,000 Exxon Valdez spills of selenium-tainted wastewater to the legacy of runaway pollution that our children and grandchildren one day will despise today's spineless federal government for."

Skorupa, a fierce critic of the Department of the Interior's alleged selenium policy, adds, "The truly tragic public-policy aspect of all this is that most of the selenium pollution is as economically senseless as it is environmentally senseless, and those facts have been documented in excruciating detail by the federal government's own General Accounting Office. What may amount to America's biggest dirty little secret has been impervious to rational policymaking for more than 60 years, and counting."

The West's selenium trouble, like many problems in irrigated agriculture, is magnified in the western San Joaquin Valley, where Boswell and other growers in the Westlands have successfully evaded any serious federal efforts at a cleanup or prosecution under wildlife laws.

For more than a decade, attorneys from the U.S. Justice Department, under pressure from elected officials who are under pressure from their agribusiness patrons, have simply refused to enforce the Migratory Bird Treaty Act, a tough bird-protection law with penalties that include both prison time and stiff fines. The treaty has been invoked only once, in 1985, against the federal government itself, to close down farm-drainwater evaporation ponds at the Kesterson National Wildlife Refuge in central California, scene of the first confirmed bird deformities from selenium, discovered in 1983.

Boswell and the other big growers have also managed to avoid paying for the mess their drainage water created. In 1995 the Interior Department's Inspector General's Office also reported that Westlands Water District growers (Boswell has 23,000 acres in the Westlands) had managed to evade the $110 million tab for the Kesterson cleanup and related drainage studies. The $110 million bill was accumulating interest at the rate of $7 million a year, with the taxpayers picking up the tab.

But the Kesterson cleanup tab pales in comparison to the boondoggle desalinization plant in Yuma, Arizona, where Reclamation Bureau engineers have tried without success for decades to pull the farm-pollution toxins and salts from the Colorado River, which is tainted by agricultural return flow. Another Interior Inspector General's report, issued in 1993, said $660 million had been spent on the Yuma desalting plant with no success, and the bureau planned to spend another $1.5 billion by the year 2010, with no guarantee of any success.

The Environmental Protection Agency has been impotent to stop the farm-drainage pollution of rivers and wetlands because farm runoff was exempted from the Clean Water Act in 1977, including the highly toxic end-of-the-pipe subsurface drainage loaded with selenium as well as surface runoff. Indeed, as the Stockton (California) Record reported on June 19, 1998, the E.P.A.--siding with agribusiness--now wants to set standards for selenium and other trace elements and heavy metals in California that officials of the Fish and Wildlife Service and the National Marine Fisheries Service contend will not protect many species of fish in the San Francisco Bay-Delta region.

Interior Secretary Bruce Babbitt, and his four immediate predecessors--Manuel Lujan, Donald Hodel, William Clark, and James Watt--have tried to cover up the Western drainage problem (Watt), to exercise benign neglect (Clark and Hodel), to claim ignorance (Lujan), or just to leave it for the next guy (Babbitt), because the only economically viable solution seems to be to retire the badlands being irrigated. And that solution is political suicide in farm country.

Only Hodel, who, ironically, is an oilman, tried to do the right thing in 1985 when he ordered Kesterson closed because his attorneys told him that Reclamation Bureau officials might be breaking criminal laws operating the Kesterson ponds. But even Hodel quickly experienced an agribusiness backlash and soon fell silent, allowing Kesterson to stay open another 18 months.

No wildlife refuge receiving toxic farm-drainage water in the West has been closed to the inflow of poisons since the Kesterson debacle 15 years ago, although selenium levels high enough to cause deformities have been confirmed at numerous wildlife refuges in several Western states and at a number of evaporation facilities operated by either local water districts (like Boswell's) or private corporations.

Interior Secretary Lujan, in an August 1991 visit to Yosemite National Park, claimed he was unaware of the bird killings and deformities, which by then had been documented for eight years and were confirmed in several states. Lujan said he did not know why aides would not keep him informed.

Environmentalists say the continued bird deformities and government paralysis or inability to halt the aquatic and avian food-chain poisoning demonstrates the still-potent clout of California agribusiness, which produced some $24.5 billion worth of food and fiber in 1996, but today represents less than three percent of the trillion-dollar annual California economy, which is nowadays primarily fueled by computers and electronics, defense, banking, and tourism.

Marc Reisner explained the Alice in Wonderland quality of California agribusiness this way in a 1993 revised version of his book Cadillac Desert: "Enough water for greater Los Angeles was still being used, in 1986, to raise irrigated pasture for livestock. A roughly equal amount--enough for 20 million people at home, at play, and at work--was used that year to raise alfalfa, also for horses, sheep, and (mainly) cows.... In 1985, however, the pasture crop was worth about $100 million, while Southern California's economy was worth $300 billion, but irrigated pasture used more water than Los Angeles and San Diego combined. When you added cotton (a price-supported crop worth about $900 million that year) to alfalfa and pasture, you had a livestock industry and a cotton industry consuming much more water than everyone in urban California--and producing [only] as much wealth in a year as the urban economy rings up in three or four days."

Not only are huge tonnages of California's river water required to grow cotton and food for dairy and beef cows raised in the central California desert, a 1997 Pacific Gas & Electric Company report on the 450-mile-long Central Valley (Sacramento and San Joaquin valleys combined) estimated that agricultural groundwater overdraft (extracting more than can be replenished annually) totals 15 percent of the entire state's annual net groundwater use. At current agricultural extraction rates, the San Joaquin Valley's groundwater supply will disappear in the next few decades.

To make matters worse, the Central Valley now has 1,600 dairies, the vast majority in the San Joaquin Valley, and the 850,000 cows on those dairies create as much natural waste as a city of 21 million people. There are only three state regulators to oversee disposal of this mountain of manure and river of cow urine, which is either kept in leaky lagoons that pollute the aquifer with nitrates or dumped into the San Joaquin River, which runs down the center of the valley The San Joaquin River is often called the most-abused river in the U.S., and in 1997 was named one of the nation's ten most-endangered rivers by American Rivers, a Washington-based advocacy group.

A May 1998 U.S. Geological Survey Report on San Joaquin Valley groundwater supplies, serving more than 2.5 million valley residents, said San Joaquin groundwater is among the poorest in quality in the U.S. The report said 25 percent of valley wells had nitrate levels--probably from fertilizers--that violated national drinking-water standards, and more than half the wells tested positive for pesticides, many of which don't have drinking-water standards.

While ripping off the liquid gold of California's rivers has been an agribusiness specialty for decades, scientists say current methods of disposing of farm drainage may be the final environmental insult that ruins not only aquifers and rivers, and destroys wildlife, but also ruins the very farms that are creating the toxic effluent.

A February 1998 federal-state study of the drainage problem in the western San Joaquin Valley noted 869,000 acres would have a shallow-groundwater problem by the year 2000, and more than 410,000 acres would have salinity and boron problems "sufficiently high to limit agriculture."

To combat the salty-groundwater problem, California growers in the past four decades have installed 33,000 miles of subsurface drainpipes to collect these shallow saline groundwaters and pump them somewhere else--to the nearest river, a public or private evaporation pond, or a low-lying national wildlife wetlands refuge. This "solution" has been bad for the receiving waters and fish and wildlife in every case.

Although estimates of present and future "problem water" are hard to nail down in an atmosphere of nonregulation, U.S. Geological Survey scientist Theresa Presser, who has been studying the selenium problem in California for nearly two decades, estimates that 150 billion gallons of toxic farm subsurface drainage water is generated annually in the Golden State. While the farm wastewater from the San Joaquin Valley flows north into the San Joaquin River or festers in evaporation ponds, the drainage from the Coachella and Imperial valleys at the southern end of the state enters the polluted Salton Sea. Huge fish and bird die-offs are a regular occurrence there, and biologists say the Salton could become utterly lifeless in the near future as the continued influx of salts and toxins in the drainage overwhelms all aquatic species.

While birds were dying by the thousands at Kesterson, Boswell had the audacity in the summer of 1984 to send California Water Commission members on a tour of his 3,165-acre evaporation pond complex and have his drainage district manager, Steve Hall, claim that selenium had not been found in the Tulare Basin soils or evaporation ponds. This, of course, could not have been true, as the bird deformities at the Boswell ponds (first tested and confirmed in 1987) turned out to be far worse than at Kesterson. Hall could only have meant there hadn't been any selenium tests yet of Boswell's drainage. In the manner of other Boswell employees who have moved on to bigger and better things in Water World, Hall is now executive director of the Association of California Water Agencies, where he continues to espouse western San Joaquin Valley agriculture's views on water issues.

Throughout 1984 the Kesterson problem continued to worsen. By early 1985 neighboring cattle ranchers Jim and Karen Claus had won a State Water Resources Control Board cleanup order for Kesterson. A CBS "60 Minutes" segment aired on March 10, 1985, showing the ugly ducklings at Kesterson and embarrassed Reclamation officials fumbling to explain the debacle.

Interior Secretary Hodel had enough when advisers told him local Bureau of Reclamation officials might be violating the criminal provisions of the Migratory Treaty Act by keeping Kesterson open. On the Ides of March 1985 he announced that he was closing Kesterson. The announcement sent shock waves through irrigated agriculture that are still felt to this day.

By 1986 the Kesterson ponds had been dried out and Interior scientists looking around the West were discovering selenium contamination in Boswell's local water-district drainwater evaporation ponds in the Tulare Basin, at the Salton Sea National Wildlife Refuge in Southern California, at the Stillwater National Wildlife Refuge in Nevada (in combination with mercury), and at dozens of other national wildlife refuges around the West. While federal officials began the process of endless studies, no action was taken to halt the selenium poisoning of the wildlife-refuge system, which continues to this day.

A national blue-ribbon 26-member panel of wildlife experts issued a scathing report in August 1991, charging directors of the nation's premier wildlife research center, the U.S. Fish and Wildlife Service's Patuxent Laboratory in Laurel, Maryland, with harassing field-level biologists and attempting to downplay the threat of the growing selenium pollution problem. The report, obviously referring to federal biologist Harry Ohlendorf (who'd discovered the deformities at Kesterson), pesticide researchers Chuck Henny and Larry Blus, and Joe Skorupa (who had investigated the bird deformities at the Boswell ponds), said government scientists "had paid a personal price for upholding good science in the face of heavy political, bureaucratic, and social pressures." Felix Smith, the federal biologist who first blew the whistle at the Kesterson refuge, was named in news reports as being hounded into early retirement for trying to protect migratory birds.

In a 1994 Audubon magazine article reporter Ted Williams discussed harassment of field-level federal biologists and quoted Felix Smith as saying that the day Fish and Wildlife Service officials agreed to take drainage at Kesterson "was the day we made a bargain with the devil."

When Kesterson erupted in the news in the summer of 1984, President Reagan's old California friend Bill Clark had just taken over as secretary of the Interior; he promised that a solution to the drainage disposal problem was near, adopting the time-honored political tactic of ordering a lengthy state-federal study. His ploy worked. A $50-million state-federal study commenced in 1985 with much fanfare, and ended in 1990 with a whimper. It was full of good recommendations, including one for retiring hundreds of thousands of acres of bad land. It was also promptly shelved.

The Reclamation Bureau has finally launched a modest program to retire the first 12,000 acres of high-selenium soils in the Westlands. At that pace it will take 200 years to retire all the bad land just in the 600,000-acre Westlands. No one even talks about the millions of acres of high-selenium farmland all around the West that should be taken out of production.

Congress passed another reclamation reform bill in 1992 to put more federal irrigation water back into California's depleted rivers and the San Francisco Bay-Delta to help revive the moribund salmon runs, but Westland growers, backed by valley politicians, have been working ceaselessly to rescind or weaken that law.

Fish and Wildlife's Skorupa complained in the Audubon article that he took a solid case for criminal acts at the Boswell killing ponds to Justice Department attorneys just before the 1992 election but that the federal prosecutors got cold feet and weak spines.

"We were told we had an excellent case," Skorupa told Audubon's Williams, "that they had every confidence that it was winnable, but that until we went and got someone at least at the secretarial level in Interior to give a clear policy directive, the Justice Department would not pursue it."

Skorupa says that about half of 161 federal irrigation-project drainage sites in the West studied between 1986 and 1993 have selenium levels high enough to trigger embryotoxicity, which can include deformities. What is more depressing is that federal irrigation projects make up only about a quarter of all irrigated agriculture in the Western United States. The other 75 percent of the irrigated land in the West has not even been looked at for selenium poisoning.

Eleven years after the first confirmed selenium-caused bird deformities at the Boswell ponds, the Department of Justice, with Janet Reno presently at the helm, still has taken no action against Boswell, and any possible prosecutions for the bird deaths Skorupa painstakingly documented beginning in 1987 are falling prey to the statute of limitations. An angry Skorupa can only shake his head.

Although the government has had serious warnings about selenium problems in the West for more than 50 years, the Department of the Interior was still claiming in 1997 that selenium had been an "unforeseen consequence of irrigation drainage. That '97 report from the National Irrigation Water Quality Program also claimed that "because complete investigation of every irrigated area in the Western United States is impractical, managers need to be able to predict where selenium contamination is likely."

But it's not impractical at all, insists Theresa Presser, who was one of the first to document the widespread selenium contamination in the western San Joaquin Valley. According to Presser, selenium contamination is also likely not only where soils have selenium ejected from ancient volcanoes during the Cretaceous age, but also where ancient seabed soils have been uplifted by geologic activity over eons, such as California's Coast Range. In other words, human irrigation and export of the resulting drainage water into evaporation ponds or wetlands is doing in a few years what nature took millions of years to do.

It's clear that no one in the Clinton administration is going to make the hard decisions about getting the toxic soils in the West out of production. In late May 1998 the E.P.A. held a conference in Washington, D.C., that was attended almost entirely by big selenium polluters--oil companies, mining companies, major agribusiness, coal-burning utilities. They all argued against any E.P.A. review of the current standards for selenium in rivers, lakes, and marshes, which scientists say is at least twice as high as it should be and which may lead to the extinction of at least 20 species of fish and wildlife.

Boswell and the other agribusiness lords are determined not to become extinct themselves. Last March a consortium of state and federal agencies that dances to the tune of agribusiness announced a new plan to build a peripheral canal around the Delta and import yet more northern California river water to the selenium fields of the western San Joaquin Valley.

In July the Western Water Policy Review Commission, created by Congress in 1992, issued its report, three years behind schedule. The report identified agricultural wastewater as the single largest source of pollution in the West, recommended phasing out federal water subsidies, and specifically suggested that subsurface drainage water, which triggers the bird deformities, be brought under the Clean Water Act and regulated because it is an end-of-the-pipe type of pollution.

The response of the growers was typical. "The sooner this report gets put on a shelf and starts gathering dust the better," said Jason Peltier, manager of the Central Valley Project Water Association.

Dinosaurs swing big tails going down.

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