8-24-08

8-24-08 Modesto BeeDairy owner to pay $27,500 fine for violating waste regulations...SUSAN HERENDEENhttp://www.modbee.com/local/story/404587.htmlInspectors first found waste water tinged with manure flowing into the public waterways from one of Willem Postma's dairies in 1999.They cited Postma again in 2002, twice in 2004 and four more times in 2006.In recent years, five cases involving Postma's dairies in Modesto and Oakdale have been filed in Stanislaus County Superior Court, with judges imposing fines and twice signing injunctions aimed at stopping the flow of toxic waste water into irrigation canals and drains that lead to local rivers.Given the history, it's hard to tell who won the latest case, which ended this month when Postma agreed to pay a $27,500 fine but admitted no wrongdoing stemming from three discharges that allegedly lasted for several days in winter 2006.But regulators said they will keep their eyes on Postma and his dairies."Our goal is to get the water quality problems resolved," said Ken Landau, assistant executive officer for the Central Valley California Water Quality Control Board. "Our goal is not to collect as much money as we can and put a dairy out of business."...In legal papers, Postma bitterly contested the allegations, saying overzealous regulators targeted him even after he worked with the water board to upgrade his facilities...And his attorneys referred to enforcement activity as "harassment," arguing that the government targeted Postma because inspectors think he has deep pockets.In a brief interview, Macko said the government has unrealistic goals for dairymen such as Postma. "They just run rough- shod over them," Macko said.Thousands of dollars in finesAccording to court records, inspectors have made repeated visits to two of Postma's dairies: Blue Star Heifer on Rice Road in Oakdale and Postma Dairy on Claus Road in Modesto. Postma racked up a series of fines:...Majority of dairies no problemLandau, who supervises water quality inspectors, said the vast majority of the Central Valley's 1,800 dairies never have faced enforcement action, while a handful of operators with chronic problems have been cited repeatedly, usually in winter when rains flood inadequate waste water lagoons....Most dairies store waste water in lagoons, then pump it out to irrigate crops that can thrive on the nitrogen-laden water, such as alfalfa, corn or cotton. Complex waste-water systems are not needed.Landau said dairies get into trouble when ponds and cropland are not big enough to handle a herd's waste. He said Postma's predicament is far from the norm.This is not a rocket science type of system. It's basically ponds and pumps and ag land," Landau said. "It's a management issue."Reid plans to sign Truckee River water plan...Reno Gazette-Journal, http://www.rgj.comhttp://www.modbee.com/state_wire/story/403960.htmlRENO, Nev. — U.S. Sen. Harry Reid says he will attend a September signing of a water-sharing agreement aimed at settling a century of disputes between Nevada and California.Reid called the Truckee River Operating Agreement one of the most important deals he's ever negotiated. The agreement is scheduled to be signed Sept. 6 in Sparks.The agreement provides storage for drought-year water supplies in Sierra reservoirs for years to come for the Reno and Sparks area.Officials say that storage will help meet demand in drought years when Truckee Meadows Water Authority is providing up to 119,000 acre-feet of water a year to customers.The plan already is in place and working under an interim agreement approved several years agoFresno BeeDelta deadlockA Peripheral Canal, new dams, court interventions and good old conservation. The quarter-century of debate has yielded no progress toward ending the impasse...Russell Clemings and Dennis Pollockhttp://www.fresnobee.com/263/v-printerfriendly/story/817658.htmlCalifornia voters rose up by a 3-to-2 margin in 1982 and torpedoed the most contentious water project in state history -- the Peripheral Canal. The 42-mile ditch would have linked the Sacramento River to pumps near Stockton that send water from the Sacramento-San Joaquin Delta to thirsty Southern California and the San Joaquin Valley. But rejection of Proposition 9 didn't settle anything. Instead, it locked state water politics, which revolve around the delta, into a chronic stalemate. More than a quarter-century later, advocates for cities, farms and wildlife routinely duke it out in courtrooms and legislative halls. Crops on the San Joaquin Valley's west side die for lack of water. Fishing boats wait out a ban on salmon. No one is winning. Today, some think only one thing may break the delta deadlock: an epic disaster...The quarter-century of debate over the delta's fate since the Peripheral Canal vote has yielded no discernible progress toward a solution. Farms and urban water users regularly face cuts in their supplies to protect rare fish from the effects of pumping. About 10,000 acres of crops in the Westlands Water District were abandoned this spring after planting. But the cuts haven't helped. Populations of salmon and delta smelt have crashed despite multiple court interventions. This year's California salmon season was closed even before it started. The Peripheral Canal succumbed to fears that it would cost a fortune and suck the delta dry. But since its rejection, pumping from the delta to the San Joaquin Valley and Southern California has risen more than one-third anyway. In 2004, just as the fish decline became apparent, pumping reached its highest level.The last effort to solve the delta's problems, called CalFed, took almost a decade and collapsed when Congress and the Legislature balked at writing blank checks for solutions designed to keep everyone happy. Now, the Delta Vision task force is working on a new effort to repair the broken delta. Its biggest problem could be that every conceivable solution has its avid supporters, but also its bitter critics. New dams, aggressive water conservation and farmland retirement are all on the table. So, again, is the Peripheral Canal.Prime habitat for fish... No approach perfect... Some urge conservation... Others want new damsAmong water users, talk about the delta often turns to increasing the water supply, or at least increasing the reliability of existing supplies. Often, that means new dams...It's not the first time observers of California's water wars have sensed change. Breakthroughs are forever just around the corner. CalFed was the great hope of the previous decade. Delta Vision is the great hope for this decade. Will the second succeed where the first and its predecessors failed? What will it take for the warring sides to reach consensus, rescue the delta's ecology, save its beleaguered levees and stabilize supplies for water users? "That's the great unanswered question," Nelson said. "Is California up to addressing what is clearly the greatest water management challenge of the last half-century in the absence of a disaster? Or is it going to take a catastrophe?" Sacramento BeeEndangered but ugly: A PR dilemma...Candy Chand http://www.sacbee.com/110/v-print/story/1179180.htmlSacramento may not be much for polar bear sightings, but in areas such as Natomas and Cordova Hills, developers and environmentalists are battling it out over endangered species anyway.What's the struggle, you ask? For starters, how'd you like to be in a public relations campaign to save threatened species (especially when they are creatures hardly anybody thinks are cute) while going up against big bucks and shiny-new subdivisions?With more growth proposed in areas of sensitive habitat, environmentalists find themselves in just that dilemma.During the project approval process, you'll typically find two PR campaigns in action – one with a distinctive set of difficulties.PR problem 1: Developers bearing giftsThis includes political contributions (builders tend to be generous to decision-makers) and construction proposals consisting of nifty retail stores and tons of housing (because that's just what we need in this market).And in the environmentalists' campaign? A whole lot less money and some rather hard-to-love creatures that need protecting.PR problem 2: Habitat misinformationMy son-in-law, Shawn, insists some wetland habitat smells. "Have you ever taken a whiff?" he asked."Uh, no.""Well, some of it reeks."But Carol Witham, vernal pool expert for the Sacramento chapter of the California Native Plant Society, explains that non-degraded vernal pools don't smell (sorry, Shawn), nor are they breeding grounds for mosquitoes (another misconception). Instead, healthy vernal pools are complex ecosystems that create a thriving habitat for native plants, animal species and blankets of wildflowers.Take the 2,000 acres at Cordova Hills near Rancho Cordova that are proposed for, you guessed it, more development.Cordova Hills has some of the richest vernal pools known to Sacramento County. Some of the creatures in this habitat include the endangered fairy shrimp and the near-threatened spadefoot toad. Toads? Shrimp? (And not even the kind of shrimp you can put in your salad.) Starting to see the tough sell? Thought so.PR problem 3: Not enough cuddly creaturesWhich is what compelled me to ask: "Is that it? Don't you have anything on that list even slightly warm and fuzzy? You know, something people can wrap their arms around and actually want to protect?"Frustrated, but patient, Carol explained that all species are worthy of safeguards just by the intrinsic nature of their existence. To see any of these creatures become extinct due to mankind's carelessness would be a grave injustice, she said.And if you think there are PR problems over Cordova Hills, try battling for habitat in Natomas, which is home to the endangered tiger salamander and giant garter snake. It's hard enough for the environmental community to compete with developer money, fancy shopping centers and subdivisions with 2 zillion "unique" model homes, but try doing it while lobbying for a giant garter snake. Not only is it a snake, but apparently, it's a giant one.Now, I'm only guessing here, but I bet if I took even the most casual survey, nine out of 10 people could not care less that the giant garter snake is facing extinction. For that matter, I suspect, some of them might actually like to help the process along.But despite the lack of cuddly qualities, why is this species worth saving? It warrants protection because (and pay attention here) when it's gone, it's gone forever. For those of you shouting, "Yippee," remember what snakes eat for dinner and be prepared to greet the rodents invading your home if it disappears.Whether it's the giant garter snake, salmon or the threatened Swainson's hawk, heed the warning: If they don't have enough clean water, food supply, fresh air and open space to survive, then, eventually, neither will we.The head of Friends of the Swainson's Hawk, Judith Lamare, is convinced that what eliminates endangered species will eventually destroy humans."Such creatures" she cautions, "are the proverbial canaries in the coal mine."PR problem 4: Government delistingEven if you're a creature that people can actually get behind, such as our majestic American symbol, the bald eagle, you might find yourself removed from the federal threatened species list. On a positive note, this means you're beginning to thrive. But on the flip side, it also means developers might get a free pass with your habitat.Less than a year ago, local resident Janis Eckard presented to the Sacramento County Board of Supervisors incredible photos of bald eagles foraging at Rancho Murieta lakes. However, her presentation was quickly dismissed by developers because the species had recently been delisted. Just when the elusive creatures decided to pose for a photo op, it was too late.Seriously. The testimony went something like this: Move along, people. There's nothing to see here. Your pretty bird doesn't count anymore. But better luck next time finding giant snakes.PR number 5: False confidenceJust to show you how well developer campaigns are working, I bet some of you think the feds already protect our wetlands and threatened species, so there's no reason to get involved. The truth is, in many cases, the U.S. government simply requires builders to create new habitats before they receive permits to destroy existing ones.That clever strategy is called "mitigation," and it translates this way: Developers can receive "take permits" from the U.S. Fish and Wildlife Service to destroy endangered species, and the U.S. Army Corps of Engineers can allow developers to fill wetlands, if they agree to re-create new habitat somewhere else.However, when a complex ecosystem took thousands of years to fully manifest and the man-made one may never become viable, what do we really have? You know the answer: lots of shopping malls, more unsold housing projects and 90 percent fewer vernal pools in California. Brilliant.And how do they "re-create" those vernal pools, you ask? In essence, developers dig a hole and transplant soil containing some endangered specimens from the original site.Then, they pray for rain.But here's where it gets really interesting: Since most of us won't be around in, say, a thousand years, we'll never really know if their attempt at "re-creating nature" was entirely successful. In the meantime, after a brief monitoring duration, the developers are legally off the hook. (Ya gotta love a thousand-year loophole).Glen Holstein, a botanist for the Sacramento chapter of the California Native Plant Society, explains it this way: "Most conservationists know the only way to save vernal pools is to preserve them right where they are."God isn't making any more of them," he says, "and neither are we."The bottom line is, despite the well-funded opposition, environmentalists need caring citizens to examine the consequences of lost habitat and preserve the beauty and benefits of creation for future generations. If you won't do it for endangered species, then do it for your children and grandchildren – because they're the ones who really matter.I doubt you need a glitzy PR campaign to convince you of that.Sierra climate change puts range's species on the run...Tom Knudsonhttp://www.sacbee.com/101/v-print/story/1181298.html"Our field records will be perhaps the most valuable of all our results. You can't tell in advance which observations will prove valuable. Do record them all!" - Joseph Grinnell, UC Berkeley, Museum of Vertebrate Zoology, 1908YOSEMITE NATIONAL PARK – High above a silver-blue mountain lake, a gray-bearded man tromped up a rocky slope and peered at a small metal trap. It was empty.He kept moving, scrambling across huge granite boulders and found another trap. This time, success: "We got something," he said.Jim Patton, a retired professor of zoology at UC Berkeley, had his quarry: the tiny ash-gray alpine chipmunk, a Sierra Nevada native that is now one of the leading sentinels – and apparent victims – of climate change in the United States.One century ago, alpine chipmunks owned the upper half of Yosemite. They skittered under logs and darted across rocks from the rugged Sierra crest down to the conifer forests at 7,800 feet. Today, they are missing in action below 9,800 feet."It's lost half its geographic range," Patton said. "Climate is the culprit. I don't think there is any iota of reason not to think that."...For years, climate change was a story told largely via melting snow and ice. Now, species and ecosystems are feeling the heat, too. Butterflies are expanding their ranges northward. Migratory birds are arriving earlier in the spring. And here in the Sierra and in other mountain ranges around the world, species not considered migratory at all – from stately conifers to diminutive chipmunks – are on the move, creeping upslope toward cooler, more hospitable abodes.Along with that movement comes stress and danger. Ultimately, national parks such as Yosemite could lose significant portions of their mammal species as habitats unravel due to climate warming from the buildup of greenhouse gases, according to a 2003 paper published by the National Academy of Sciences...About the size of your cell phone, the alpine chipmunk may not be a well-known symbol of climate change. It's hard to compete, after all, with a 600-pound polar bear stranded on melting slabs of sea ice. But the drama unfolding here along the roof-beam of the Sierra is just as poignant and populated by a cast of unsung creatures – from ground squirrels to wood rats – that are at risk, as well.It is a story that might have remained untold if not for the pioneering work of Joseph Grinnell, the founding director of UC Berkeley's Museum of Vertebrate Zoology who directed the first in-depth survey of Yosemite's wildlife almost a century ago.An eye for detailSeeking specimens for his new museum, Grinnell set out across the park with a team of assistants for one of his expeditions in the summer of 1915. They trapped ground squirrels, shot songbirds and even bagged a wolverine. But unlike other collectors, they took elaborate notes on everything – whether they captured it or not. Grinnell was the note taker in chief...Patton leads the charge...Chipmunks point the wayThe golden-mantled ground squirrel is moving higher in Yosemite, too. But few things are shifting upward there quite as rapidly as the alpine chipmunk.As Grinnell's team fanned out across Tuolumne Meadows in 1915, the petite chipmunk with a striped face and button brown eyes seemed to be everywhere..."They're not there now," Patton said. "We looked for them extensively."Over nine decades, the chipmunk has given up 2,000 feet of ground in Yosemite – an average of roughly 20 feet a year. Maybe it's the warming temperatures that it does not like.Or perhaps it is the landscape changes that follow climate change – such as the creep of conifers up the mountain – that are pushing it higher onto the talus slopes. Alpine chipmunks prefer open areas, not shadowy forests...Whatever the reason, time seems to be running out. If the chipmunk continues its pace of upslope retreat, it will start running out of real estate in 35 to 40 years. That in turn could trigger other changes that might cascade through the mountain ecosystem and perhaps even splash into human society."We don't know whether.… if an alpine chipmunk is lost from the High Sierra, it will have any incredibly detrimental effect to human welfare, but it's possible that it could," Patton said. "The big concern is that these changes are happening so fast that we don't have a chance to understand both why they are happening and what the potential effects might be until it's too late."Flood warning system unveiled by California water agency...Matt Weiserhttp://www.sacbee.com/101/v-print/story/1181032.htmlAmid a two-year drought, some people might be yearning for a heavy rain.And when high water strikes again, California will be ready with a new color-coded alert system.Borrowing a bit from federal security agencies, the state Department of Water Resources recently unveiled a "flood conditions" warning system to inform the public of the state's level of mobilization to combat flooding.When there are no significant concerns, like today during a typically hot and dry August, the alert level is Floodcon 1 – no significant events. From there it steps up to Floodcon 5, which means land is likely going underwater in multiple locations and multiple emergency teams are deployed...The system is modeled after the U.S. Department of Homeland Security's color-coded national security warning system, said Mann. Color codes illustrate the gravity of the threat, ranging from green (take a nap) to red (run and hide.)...Mann said Floodcon is designed only to indicate DWR's state of response.The day's Floodcon color is maintained and described on the Internet at www.water.ca.gov/floodmgmt/. ...The Web site does not provide links to specific flooding problems or weather events related to the color status.It also does not apply unique Floodcon ratings to different areas. The reader might reside in an area immune to flooding, but see that the state's color code says Floodcon status is grave, because it only describes DWR's response level."Most people will already understand that during times of heavy rain, the risks of flooding are greater," said Jonas Minton former deputy director of flood management at DWR. "What is missing is better information for residents on the flood risk for their areas."Minton, a committee member of Citizens for Flood Safety, which supported a property tax increase for levee improvements in Sacramento last year, said the color ratings also could lure the public into a false sense of security...Stuart Leavenworth: All of a sudden, new dams don't look quite so attractive...Stuart Leavenworthhttp://www.sacbee.com/110/v-print/story/1179131.htmlThe Sierra snowpack is dismal. Lake Oroville is at one-third of its capacity.Over on the Colorado River, Lake Mead has dropped to its lowest level in four decades. The D-word – drought – is on everyone's lips.Given these circumstances, you might think that Southern California would be leading the fight for new reservoirs. It's not. While Central Valley farmers and Gov. Arnold Schwarzenegger are all clamoring for state-funded surface storage (that's water community jargon for dams and reservoirs), Southern California has examined the price tag of these projects and said, "Thanks, but no thanks."Largely unnoticed by the state's media, the Southland's reservations about reservoirs are rocking the debate over water investments. In the 1960s, powerful farm industries in the Central Valley teamed up with Southern California to create Lake Oroville and other pieces of the State Water Project. History has shown that, when these groups cooperate, California can make water to flow uphill toward money.But several converging trends are souring Southern California's support for new dams, including those pushed by the governor. Construction costs are skyrocketing, along with prices of energy needed to move water south. Water stored in Northern California has to be shipped through the Sacramento-San Joaquin Delta, an increasingly undependable transit point for exports.Add these up, and surface storage becomes a risky, expensive option, according to a draft report released this month by the Los Angeles County Economic Development Corp."From a Southern California perspective, dams in the northern part of the state have to be considered unreliable," said the report, aptly entitled "Where will we get the water?"Prepared for Southern California business leaders, the LAEDC report is significant on several fronts. For one, this is not the work of a think tank with an anti-dam agenda. LAEDC is a group with wide respect in economic development circles. In addition, it has taken a unique, comprehensive look at the Southland's current water options, and the likely costs of those options over 30 years.According to the report, conservation would be the least costly alternative, at $210 per acre-foot of treated water. Capturing storm water would cost about $350 but wouldn't help during a drought; groundwater storage would cost $580; and recycling about $1,000. Ocean desalination would cost more than $1,000 per acre-foot, depending on energy prices.By contrast, surface storage – including proposals such as the Sites Reservoir in Northern California and the Temperance Flat dam near Fresno – would cost $760 to $1,400 per acre-foot. Most of these expenses would come from shipping the water through or around the Delta, "a legally and environmentally tortuous path," the report states.Does this mean that Los Angeles is done financing water projects in Northern California? Don't bet on it. If California were to approve a new peripheral canal, Southern California would likely provide funding, and new storage projects would then become more viable.But for now, diversification is the name of the game in a region where 22 million people are dangerously dependent on water imports."The region needs to undertake an urgent program to secure sufficient, reliable water supplies," the Southern California report states. "The solution will have to incorporate a portfolio of water strategies, since no single strategy will provide a 'silver bullet.' "Key Sierra timber case pits California against Bush administration...Michael Doylehttp://www.sacbee.com/378/v-print/story/1180945.htmlWASHINGTON – A stalled Sierra Nevada salvage-logging venture is sparking the Supreme Court's next major environmental showdown.What began as a 238-acre Sequoia National Forest timber sale has drawn in big players on all sides. The fight, pitting California officials against the Bush administration, will determine how easy it will be to challenge future forest decisions nationwide."It's … whether or not the public has a right to be involved," Jim Bensman, an Illinois-based environmentalist who's involved in the case, said Friday. "The No. 1 priority for the Bush administration, aside from logging, has been to reduce public accountability."Attorneys are preparing for their Oct. 8 oral arguments. The case sounds acutely technical, as many key environmental disputes often do. The proposed timber sale itself, which got the ball rolling five years ago, has long since been canceled.But there's a reason that farmers, home builders, law professors and others are still weighing in: The winner could hold the key to the courthouse door."The United States seeks … to shield from judicial review certain rules that bar the public from participation in federal management decisions affecting national forests," California Attorney General Jerry Brown complained in a legal filing.One key question is standing, which means who gets to sue.Another is ripeness, which means when suits can proceed. The answers to both will have consequences for public land well beyond the Sierra Nevada...The sequoia monument project that investigators reviewed involved roughly 200 trees. The proposed Burnt Ridge salvage project that incited the Supreme Court case, on the other hand, would have involved 1.6 million board-feet.Despite the size difference, the two projects raised related legal issues. The same rules that the Forest Service followed in removing hazardous trees from the Giant Sequoia National Monument have been challenged in the Supreme Court case known as Summers v. Earth Island Institute.Summers is Priscilla Summers, a district ranger within the Sequoia National Forest. The Earth Island Institute was joined in the lawsuit by other environmental groups including Heartwood, for which Bensman serves as forest watch coordinator.The environmentalists are challenging Forest Service rules enacted in 2003 that excluded small timber sales, of fewer than 250 acres, from public notice and environmental review requirements. In September 2003, the Forest Service approved the 238-acre Burnt Ridge timber sale and exempted it from the review rules that govern larger timber sales.Environmentalists claimed that Bensman's ability to enjoy national forests would be hurt if he couldn't appeal Forest Service logging decisions. A trial judge agreed, even though Bensman said he'd never been to the Sequoia forest."Bensman's preclusion from participation in the appeals process may yield diminished recreational enjoyment of the national forests," the San Francisco-based 9th U.S. Circuit Court of Appeals subsequently said.The Forest Service settled the Burnt Ridge issue out of court. The Bush administration says this means that the legal challenge should be dropped as moot.The administration further wants courts to confine themselves to "site-specific" complaints rather than striking down entire agency rules. This reasoning would cut the number of successful lawsuits, as it would limit the ability of remote individuals such as Bensman to claim they'd been harmed."Because environmental injuries and hardships become imminent only to the extent an environment-disturbing project is proposed … factual challenges to rules based on theories of environmental damage are seldom justifiable," the California Forestry Association and other groups declared.The Bush administration further argues that the federal judge erred in using the Burnt Ridge case to block Forest Service rules nationwide.Stockton RcordA toxic peek beneath S.J. CountyAnalysis of state's detailed database reveals 250 investigations into potential hot spots...Alex Breitlerhttp://www.recordnet.com/apps/pbcs.dll/article?AID=/20080824/A_NEWS/808240322Oil drums leaking. Pesticides seeping. Heavy metals draining into our waterways.Per capita, San Joaquin County has seen more state investigations of potential toxic hot spots than most of its neighboring counties - more, in fact, than the statewide average.While some of these cases are decades old and were resolved long ago, more than two dozen sites still are being cleaned up - and it can take many years.Such are the findings of a Record analysis of a state database detailing 250 such investigations in the county and nearly 9,000 statewide. The database is available to anyone who wonders what dangers might hide in the soil or groundwater of his or her neighborhood.San Joaquin County is home to three or four federal Superfund sites. These are the worst of the worst, notorious stay-away zones that are well-known in most communities.Not as well-known is the sheer quantity of smaller-scale investigations launched by the state Department of Toxic Substances Control, the agency charged with coordinating cleanup of sites that aren't deemed dangerous enough for federal enforcement.Investigations have been launched practically anywhere you look in the county, from rural farmland in the Delta to the heart of downtown Stockton. Even the new ballpark and arena sit on land that has a history of petroleum and heavy metal contamination, thanks to a former shipyard, fuel station and the railroad...A good number of the state's investigations on record were routine inspections, such as when schools are proposed for construction on farmland where pesticides were once used. In most of these cases, inspectors found nothing hazardous.Some of the other investigations on record are just plain old. They were referred to other agencies a decade or longer ago, with the ultimate outcome unclear.Still other cases are listed as needing further evaluation years after they were first documented.Shortcomings notwithstanding, the database can teach us about toxic trends in our own communities, as well as generate some broad regional comparisons...Likely factors for our higher number of investigations are the military defense facilities in Lathrop and Tracy, as well as Lawrence Livermore National Laboratory lands, the former Navy facilities at Rough and Ready Island and major petroleum transmission lines through the area, said Laurie Cotulla, assistant director of the county's Environmental Health Department...Digging up the dirtFor more specific information including documents, or to search for hot spots in other counties, check out the state Department of Toxic Substances Control database at www.envirostor.dtsc.ca.gov/ public. San Francisco ChronicleGroups seek endangered status for wolverines...Susan Gallagher, Associated Presshttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/24/MNAD12CT3T.DTL&hw=endangered+species&sn=001&sc=1000Montana is hanging on as the only state besides Alaska that allows trapping of wolverines, an elusive mountain dweller rejected for protection under the federal Endangered Species Act.Opponents of trapping were encouraged when Montana wildlife commissioners recently reduced this winter's trapping quota to a total of five wolverines for the entire state, down from 10 last season. And in a way, trappers were encouraged, as well. They regret the reduction, but have long braced for an end to the wolverine season and are relieved to still have one...Defenders of Wildlife, a leader in the effort to obtain Endangered Species Act protection for wolverines, says removing five from the landscape is better than removing 10, but the population is too small and sensitive for any trapping. The reduced quota does not dilute the push to give wolverines federal protection, the group said...Defenders of Wildlife is among nine groups that gave notice of intent to sue the federal government if wolverines do not have Endangered Species Act protection by mid-September."The value of this animal alive is far greater than the value of this animal to a trapper," said David Gaillard of the Defenders staff in Bozeman.The U.S. Fish and Wildlife Service said earlier this year that an analysis of threats to wolverines did not support protecting them. Even if wolverines disappeared from the lower 48 states, they would survive because they are connected to larger populations in Canada, the service said. Supporters of federal protection say that wolverines in Montana and neighboring states are genetically separate from those in Canada, an assertion the service disputes...State commissioners meeting in June set a tentative quota of nine wolverines for the coming trapping season, but when it was time for final action this month, they substituted the limit of five on the advice of the Fish, Wildlife and Parks staff. Commission Chairman Steve Doherty, citing concern about the strength of the population, has called for a moratorium on wolverine trapping and voted against the revised quota.The staff recommendation emerged after "continuing conversation and number crunching and consideration of the research," said Mike Thompson, regional wildlife manager for Fish, Wildlife and Parks in Missoula."There was more thinking, more deliberation, more input from members of the public, more best adaptation of the current science to absolutely minimize the risk to the wolverine population," he said...The future of wolverine trapping in the state "depends in part on whether the public feels comfortable with it and whether the wolverine can survive the continuing human development that fragments its ranges," said Thompson, who wrote in a recent newspaper piece that wolverines, like grizzly bears, are "emblematic of the wild in Montana."From a single feather comes a tale of wild life and death...Tom Stienstra...Outdoorshttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/24/SPFR12G8D3.DTL&hw=wetlands&sn=002&sc=581A wildlife mystery that started with the find of a single feather led to clues that tells a story of life, death and reality in nature.The episode took place this past week in the foothill grasslands, about 100 yards above a stream. This is where field scout Amy Hedtke was on a hike when she found a single feather. What struck her was the size and color: It was about 12 inches long and chestnut colored.That sounds like the tail feather of a red-tailed hawk. But tail feathers from red-tailed hawks do not simply fall out of the sky for hikers to find. There had to be more to the story. So she started looking for it.This is part of the magic of the great outdoors. The discoveries of tracks, feathers, droppings and carcasses can provide insights into nature. Often your discoveries can tell a story. The evidence can be right in front of you if you take the time to see it.If you take the approach of a wildlife detective, it's like parting the drawn shades of nature and peering into a secret world.After finding the hawk tail feather, Hedtke then explored the area. She quickly found a small pile of feathers. She analyzed them, and to her surprise, amid the small heap of brown and white tufts and quills, she found more feathers that were about a foot long and the same color as the single feather she had first come across...A single feather? A pile of feathers? A few large broken egg shells? What could it mean?Wildlife detectiveThe evidence points to a wildlife life-and-death showdown. It starts with this premise: Birds and wildlife spend most of their time doing two things, eating and trying to keep from being eaten.The location of the nest and the size of the eggs were the first clue. The location, in grasslands near water, and the eggs, well more than double the size of a chicken egg, match that of a goose nest, and probably a pair of Canada geese......the hawk launched out of the tree, its sharp talons out front for the kill. The other goose, the female, shrieked a warning, and the male lifted off and joined its mate, well ahead of the hawk. Geese can fly 45 mph, and with a head start, they quickly disappeared to safety.Hunter and the huntedThe hawk, meanwhile, landed on the nest, settling for the eggs for a meal. It broke one open and quickly ate the embryo, and then went for a second.It was so immersed in the task that it never saw the bobcat...From a nearby thicket, the bobcat (or perhaps fox), which had been staking out the nest, seized the moment...That's what the evidence says. Maybe this episode did not occur quite like this, but it's likely fairly close...This type of episode provides a glimpse of the harshness of nature...They all have one thing in mind: survival. And the one common factor is this: They're hungry...Sale of Colorado gas leases pleases few...Judith Kohler, Associated Presshttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/24/MNAD12CT7J.DTLThe $114 million sale of federal energy leases on the Roan Plateau is the highest-grossing for onshore parcels in the lower 48 states. The fact that both foes and advocates of development say it wasn't enough underscores the controversy surrounding the western Colorado landmark.The debates among environmentalists, elected officials and industry representatives over last week's auction also echo those raging nationally on where and how to drill to meet the country's energy demands.The Bureau of Land Management auctioned off 31 parcels covering 54,631 acres of the Roan Plateau, cherished for its rich oil and natural gas deposits as well as wildlife and pristine backcountry. The area 180 miles west of Denver is home to some of the country's largest mule deer and elk herds and genetically pure native cutthroat trout dating to the last ice age."Today is a sad day for Colorado," Gov. Bill Ritter said after the auction Thursday. "It's a missed opportunity, one we don't get back, one that falls squarely on the shoulders of the Bush administration."Ritter, a Democrat, accused the administration of trying to rush the sale through before Bush leaves office. His proposal, rejected by the BLM, would have phased in leasing over several years in hopes of raising more money as the value of the gas increased with growing demand...Industry groups, which had predicted a $1 billion haul for the state, and some Republican officials were also disappointed by the result. Instead of the Bush administration, they blame "anti-energy politicians" and uncertainty created by roughly 15,000 formal protests of the leases and a lawsuit by environmental groups trying to block the sale.The BLM won't issue the leases until the protests are decided. Companies also must get their drilling applications approved before they can start work...Mercury NewsLawmakers aim to cut global warming by limiting sprawlREGIONAL PLANS, HIGHER DENSITY SOUGHT TO TRIM GREENHOUSE GAS...Paul Rogershttp://www.mercurynews.com/localnewsheadlines/ci_10290641?nclick_check=1For 30 years, as California's growing population led to sprawling suburbs, traffic jams and fewer farms, attempts to craft statewide laws to stop it have failed again and again. City councils worried about losing local control. Property rights advocates bristled. And the ranch house with a back yard - the centerpiece of Sunset magazine and the Brady Bunch lifestyle - proved a powerful symbol. But now, in what many observers are calling the most significant environmental bill of this year's state legislative session, builders and environmentalists have found common ground on a compromise they hope will limit global warming by changing where homes are built. The bill would make California the first state in the nation to attempt to reduce global warming emissions by drawing up regional plans to reduce miles driven by passenger vehicles, then directing most transportation funding only to so-called "smart growth" projects.If it becomes law, the measure could affect everything from San Jose's proposed Coyote Valley development to future construction in eastern Contra Costa County, Watsonville and Napa. "We know people are going to drive. We want them in their cars for less time," said state Sen. Darrell Steinberg, D-Sacramento, who authored the bill, SB 375. Steinberg, elected Thursday as the new state Senate leader, wants cities and counties to develop new housing close to rail lines, bus stops and bike lanes, and housing that's clustered near existing development, rather than built out in the countryside, necessitating long commutes. You can't do that without regional planning, he argues. "I believe in local control. I come from a city council," he said. "But traffic congestion doesn't all of a sudden go from bad to good when you cross any particular city or county border, and air quality and climate challenges don't respect artificial boundaries."The measure is expected to face key floor votes in the Assembly and Senate early next week...But it has sparked controversy. In June, state Sen. Tom McClintock, R-Thousand Oaks, lambasted a version as all but un-American."Most people don't want to live in dense urban cores. Most people want a little elbow room - they want a yard for their children to play in," McClintock said. "They want a little grass, a little garden, a little breathing room they can call their own. And who the hell are you to tell people they can't?" At the core of the debate is how to reduce global warming...But now, as the state Air Resources Board faces a Dec. 31 deadline for writing the rules to reach the targets, a troublesome fact has emerged. Passenger vehicles are the largest source of greenhouse emissions in California, accounting for 30 percent. State lawmakers already require auto companies to build more plug-in hybrids and clean technology cars. And they have approved a new "low-carbon fuels standard," to reduce emissions.But California's population - now 38 million - is projected to grow to 46 million by 2030, the equivalent of adding eight new San Franciscos. More people mean more cars. And more cars mean more miles driven. And that growth threatens to wipe out all the other global warming reduction plans. But getting Californians to drive less is politically explosive...Now it has the support of the California Building Industry Association, the Silicon Valley Leadership Group, the League of California Cities, and nearly every environmental group in the state. Specifically, the measure requires the state Air Resources Board to set targets to reduce greenhouse emissions from cars and trucks for each region of the state by 2010. Then each of the state's 17 metropolitan planning associations would adopt a plan to meet those goals. Cities and counties still could approve any development they wanted. But only developments that qualified as "smart growth" in the regional plans - those located near transit or clustered - would be eligible for the $15 billion or so a year in transportation money the state doles out. Last week, 10 groups opposing the bill, including the California Chamber of Commerce and the California Manufacturing and Technology Association, released a letter saying the measure could lead to lawsuits over new bureaucracy. The California Building Industry Association endorsed the bill, however, after Steinberg agreed to allow builders of smart growth projects waivers from having to offset greenhouse gases...Environmentalists say the bill won't mean the death of the ranch house...San Diego Union-TribuneShrimp to delay school's opening Endangered species at Vista Del Mar site...Chris Moran http://www.signonsandiego.com/news/metro/20080824-9999-1m24shrimp.htmlOTAY MESA – The discovery of endangered fairy shrimp on a vacant lot in Otay Mesa will delay the opening of a school for at least a year, San Ysidro School District officials say. Before Vista Del Mar Elementary School is built on a 19-acre vacant lot in the community of Ocean View Hills, San Ysidro school officials must either redesign the school to avoid damage to vernal pools where the shrimp live or buy land elsewhere to conserve the tiny crustaceans' habitat. Construction on Vista Del Mar had been scheduled to begin last month so it could open next summer. But coming up with a fairy shrimp protection plan that passes federal muster is expected to take 18 months, said Karl Christensen, the San Ysidro district's assistant superintendent of business services... “What our position has been is that these are really just road ruts,” Silva said.Nonetheless, the Endangered Species Act calls for protection of the creatures, which have made their homes on the mesa in a series of shallow depressions called vernal pools. A biologist with the company that surveyed the site explained that the fairy shrimp's loss can reverberate up the food chain. Also, part of the point of the act is to preserve species for their own sake... Cost increases depend in part on the length of the delay. Even with an 18-month delay, officials are hoping to open the school just a year later than planned by speeding up the construction schedule. But San Diego Unified School District officials also expected a quicker turnaround when fairy shrimp stalled the construction of Salk Elementary School in Mira Mesa. Originally scheduled to open two years ago, Salk now has a projected opening date of 2010. The delay has been even longer to place a new military cemetery at Miramar Marine Corps Air Station. The federal government initially expected to open what it calls an expansion of Fort Rosecrans National Cemetery in 2004. But the environmental review stretched to four years, complicated in part by the discovery of fairy shrimp at the site...