12-16-08

 12-16-08Merced Sun-StarWill Merced Irrigation District increase water prices?Board members unsure of what they will vote on today...JONAH OWEN LAMBhttp://www.mercedsunstar.com/167/v-print/story/596394.htmlCall it "voting in the dark."Merced Irrigation District's board of directors is set to vote on their 2009 budget this morning. But no one, including the five board members, knows exactly what their ballots will be cast for. That includes whether the district will sell water worth $3 million or raise fees to make up for a shortfall in revenue. "We don't really know what we are voting on," said board member Wil Hunter. Hunter and the other four board members may not know what exactly they are voting on today, but Dan Pope, MID's general manager, said that he does. On Monday, his staff was busy putting together several recommendations that will go before the board, including his main recommendation -- a $2 to $5 fee increase per acre-foot, among other things.(An acre-foot is around 326,000 gallons of water, or a year's supply for an average Valley family.) Everything in the process, so far, has been open and transparent, Pope said. "I would submit to you that we have adequate notice," he said. "We've had good public input."Others disagree. Diana Westmoreland-Pedrozo, the executive director of the Merced County Farm Bureau, said that while the board got the message that farmers don't want any water sales, she would like MID to run more transparently. "I would certainly like to see them be more public," she said. As for what they will vote on today, she has less of a clue. "I have no idea because all they've done is read the agenda."But Tim Pellissier, president of MID's board, said the budget is always up in the air. That makes getting specifics to the public sooner than the day of the vote almost impossible. "It's a work in progress." he said. "How can we tell the public what is going to be before us when we haven't adopted it?"Kenneth Robbins, MID's general counsel, maintained that the process has been open. "The budget has been fully vetted and sunshined," he said, pointing out that all public meeting laws have been followed. Besides, he said, everyone who has been at any of the recent meetings knows what the options are before the board about the revenue shortfall, as well as the rest of the budget.Even if there was no public notification of a fee increase, specifically, that would not be a breach of the public meetings laws, said Robbins.If a fee increase is proposed, and the board votes to adopt the proposition, it must put the item in the next agenda to be in accordance with the Brown Act, a statewide open-meetings law. Then they can start the countywide voting process needed to pass such an increase. "They can't vote on adopting the fee increase (today)," he said on Monday. On the other hand, if the proposal before the board is to vote for a water transfer, it can be passed today, said Robbins. But since none of the proposals has been made available to the public, no one knows what MID will vote on.Maybe sunshine will come at the meeting.Our View: Why a special projects fund?Now that Supervisor Crookham has spent her $270,000, the question needs an answer.http://www.mercedsunstar.com/181/v-print/story/596407.htmlThe Merced Theatre didn't get the quarter of a million dollars that Supervisor Kathleen Crookham wanted to give it. Instead, 13 good causes in Merced County will get a little extra.Crookham's saving habits are to be commended. Socking away $270,000 from her special projects fund over several years showed discipline.The county sets aside some money each year -- this year it was $100,000 each -- so that the supervisors can each spend on community projects and causes in their district. The full board must approve the spending.In May, Crookham announced that she had saved $270,000 and wanted to give $250,000 to the Merced Theatre Foundation that has been restoring the 1930s downtown theater.Crookham's expenditure, rightfully, raised questions among her fellow supervisors, who balked at spending that much on a project for the theater, which is owned by the city of Merced.The supervisors first rejected her request in June. She cut the gift to $150,000, and it was rejected again. After a $100,000 gift was turned down last month, Crookham last week presented a plan that split the money among the 13 projects. But no money went to the theater.This is how the money was dispensed: $60,000 for carpet at the main county library; $25,000 for the Mercy Medical Center Merced building fund; $25,000 to the county nonviolent drug offender treatment program; $20,000 to the American Legion hall; $20,000 to the fairgrounds; $20,000 to the Steven Stayner & Missing Children's Memorial Fund; $15,000 to the Merced Assembly Center; $15,000 to the Valley Crisis Center of Merced; $10,000 to the Castle Air Museum; $5,000 to the Boys and Girls Club; $5,000 to the Merced Multicultural Art Center; $5,000 to the Challenger Learning Center Inc.; and $1,000 to the Merced County Food Bank.All these are good causes, but the question has to be asked: Why is the county dispensing funds in this way? When the special projects fund was started in 1999, each board member got $10,000. That amount has steadily grown to this year's $100,000.Of the eight counties in the Valley, two others have such funds. In Tulare County, supervisors get $25,000 each a year in what they call "good works funds." Supervisors in San Joaquin County get $500,000 each per year.Madera County's chief administrative officer, Stell Manfredi, said Madera used to have a similar fund but did away with it decades ago."Funding priorities should be set on a countywide basis where everyone's needs are competing on the same level," Manfredi said. "When you take the decisions out of that realm, it allows individual board members to set criteria for how money should be spent. That criteria might be valid, or it might not be."Supervisor Mike Nelson opposed the funding because of the tight budget and recent economic downturn.But even if the budget prospects were rosy, why should the supervisors be dispensing money in this manner? This is $500,000 in tax money, an enormous amount by any measure. The board needs to do some serious thinking about whether this is the best way tax money should be spent. Modesto BeeFeds advise water cutbacks to save delta fish...December 15, 2008 06:41:41 PMhttp://www.modbee.com/state_wire/v-print/story/534466.htmlThe Bush administration told state and federal officials Monday to slash the amount of water sent to irrigate crops and fill city taps in order to save a California native fish from extinction.The U.S. Fish and Wildlife Service's new plan to protect the delta smelt - a tiny, silvery fish listed as a federally threatened species - recommends long-term cuts to water pumped through the Sacramento-San Joaquin Delta.But in a worst case scenario, the plan calls for a 33-percent reduction in state and federal water supplies for farms, industry and urban areas, state Department of Water Resources Director Lester Snow said."Everything that is happening is chipping away at the certainty and viability of the two water projects," Snow said. "This will have significant impacts for people in agricultural areas who are trying to do their crop planting and will probably become a problem for people in urban areas as well."Monday's recommendations are the result of a lawsuit by Earthjustice and the Natural Resources Defense Council, who claimed the federal government needed to rewrite its plans to balance the lives of the fish against the operation of California's massive plumbing system, and a federal judge agreed.Snow said his agency hopes to negotiate some of the recommendations with the federal government to protect the fish using measures that would have less drastic repercussions for the economy and residents.A spokeswoman for the Bureau of Reclamation said she could not immediately comment on whether it would accept the new scientific review.Fresno BeeState water supply may drop 50%Officials worried about delta smelt breeding activity...Matt Weiser, The Sacramento Beehttp://www.fresnobee.com/local/v-print/story/1077591.htmlSome Californians could see their water supply cut as much as 50% under new federal rules to protect threatened fish in the Sacramento-San Joaquin Delta. The rules, released Monday by the U.S. Fish and Wildlife Service, govern water pumping operations by the California Department of Water Resources and U.S. Bureau of Reclamation. The agencies operate massive water diversion systems near Tracy that export delta water for farm and urban purposes, from Silicon Valley to San Diego. Two-thirds of Californians get at least some of their water from the delta. It also irrigates nearly 3 million acres of farmland. But these water diversions have pushed the delta smelt, a fingerling fish native to the estuary, to the edge of extinction. The new rules, called a biological opinion, were prepared under a federal court order that found existing regulations inadequate. DWR estimated Monday that, in average weather years, the cuts could range from 20% to 30%.But in roughly one out of five years -- typically a wet fall followed by a severe dry year -- the cutbacks could reach 50%. "This will have significant impacts in the agricultural community and it probably will start having an impact on economic development in urban areas because the water supply is becoming less certain," DWR Director Lester Snow said. Conservation groups said they were pleased habitat concerns had triumphed over California water politics. "By and large, the service appears to have issued a pretty good, scientifically supported plan that protects the delta smelt while also being very conscious of the water supply impacts," said Doug Obegi, attorney at the Natural Resources Defense Council, a plaintiff in the 2006 lawsuit that prompted the new rules. The rules stretch more than 400 pages and govern the complex interaction of California's many canals, pumps and dams. In short, they permanently change these operations to create better habitat. In some cases, the rules require increased reservoir releases to cause more water to move freely through the delta to the sea. In others, delta pumping must be cut to avoid altering smelt habitat and breeding within the estuary. "The amount of water 'lost' by this biological opinion can easily be made up by simple conservation measures," said Mike Sherwood, an attorney at Earthjustice, the legal firm that argued on behalf of environmental groups. Water officials are particularly concerned about new controls on water operations in fall months to protect early smelt breeding activity. Snow warned these fall regulations not only deepen the water cutbacks, but could limit the ability to provide adequate cold water releases from dams for salmon spawning in the subsequent year. He said the ultimate solution is a habitat conservation plan, now being drafted, to cover several Delta species. This would supersede Monday's rules, but will take two years to complete. "We don't view this as a permanent purgatory. It's a temporary purgatory," said Laura King-Moon, assistant general manager of the State Water Contractors. Meantime, Snow said mandatory statewide conservation measures could be imposed if next year is dry.Sacramento BeeSome in California could see water supply cut in half...Matt Weiserhttp://www.sacbee.com/1268/story/1476390.htmlSee Fresno Bee article State water supply may drop 50%  Officials worried about delta smelt breeding activity...Matt Weiser, The Sacramento Bee Popular CommentIf the problem is that great, then why, oh why are developers allowed to continue to build homes for folks that we allegedly don't have water for? If we don't have enough water for existing residents, then we sure shouldn't be allowing new homes to be built. Since the home building continues, we can only conclude that the talk of a water shortage is a hoax. -- hpbromineTracking Delta Smelt Concentrationshttp://www.sacbee.com/1268/story/1476390-a1476411-t46.htmlPolitics determined endangered species decisions, investigators conclude...MICHAEL DOYLEhttp://www.sacbee.com/702/v-print/story/1476048.htmlWASHINGTON -- Politics corroded Bush administration decisions on protecting endangered species in regions nationwide, federal investigators have concluded in a sweeping new report.Former Interior Department official Julie MacDonald frequently bullied career scientists to reduce species protections, the Interior Department investigators found. "The results of this investigation paint a picture of something akin to a secret society residing within the Interior Department that was colluding to undermine the protection of endangered wildlife and covering for one another's misdeeds," Rep. Nick Rahall, D-W.Va., said late Monday afternoon. Rahall chairs the House Natural Resources Committee, which has been highly critical of the Bush administration's handling of the Endangered Species Act. Particularly in Western states, the environmental law will be one of the biggest issues confronting President-elect Barack Obama's interior secretary.The Bush administration took office promising to relieve farmers, loggers and developers of some of the regulatory burdens imposed by the Endangered Species Act. MacDonald, a civil engineer who was appointed to serve as deputy assistant secretary for fish, wildlife and parks, played an especially active role."MacDonald caused an incredible waste of time and money," one Fish and Wildlife Service official told investigators.The 141-page investigation released Monday elaborates on inquiries conducted earlier by the Interior Department's Office of Inspector General. The earlier probes into MacDonald's work spurred the Interior Department to reconsider some of its decisions concerning species.The new investigation offers additional details and interviews, fleshing out how politics potentially played a role on 20 different endangered species decisions. The decisions in question ranged from the Northern Spotted Owl to the Northern Mexican garter snake."One Fish and Wildlife Service employee told us that MacDonald's influence was so prevalent that 'it became a verb for us - getting MacDonalded,' " the investigators reported.MacDonald could not be located for comment late Monday. She has largely stayed out of public view since leaving the Interior Department in May 2007."MacDonald's zeal to foster her agenda caused significant harm to the integrity of the Endangered Species Act decision-making process," investigators concluded. "Moreover, her actions resulted in the untold waste of hundreds of thousands of taxpayer dollars in unnecessary litigation." Stockton RecordRules protecting smelt cut water supplies to be sent to the Bay Area and LA (4:15 p.m.)...Dana Nichols.http://www.recordnet.com/apps/pbcs.dll/article?AID=/20081215/A_NEWS/81215018/-1/A_NEWSLong-awaited rules to protect Delta smelt were released today, permanently slashing water supplies from the Bay Area to San Diego by anywhere from 20 to 50 percent, officials saidThe state and federal pumps near Tracy send water to 25 million Californians. However, increasing exports in recent years have coincided with crashing fish populations in the Delta.A federal judge last year threw out the old rules and put in place temporary pumping restrictions to protect smelt. Today’s 410-page document from the U.S. Fish and Wildlife Service complies with Judge Oliver Wanger’s order to rewrite the permanent rules.Stockton does not rely on Delta water, nor does most of San Joaquin County except for the city of Tracy and farmers in the county’s southern reaches.Lester Snow, director of the state Department of Water Resources, said the new rules fail to take a comprehensive approach in helping fish, and “looks only to the water projects rather than having a complete view of all causes for Delta fish decline.”Dante Nomellini, a water attorney for central Delta farmers, said today’s document confirms what’s been known for decades.“We believe it’s been clear since at least 1978 that the (pumps) have been severely damaging fish and wildlife, and yet they continued to increase exports,” he said. “That’s absolutely clear.”The Metropolitan Water District, which serves much of Southern California with water from the Delta and other sources, issued a statement this afternoon saying that the “regulatory noose” around the state’s most important water system is tightening.Water users have repeatedly called for an overhaul in how the Delta is managed, including construction of a peripheral canal.Delta water use restriction permanenthttp://www.recordnet.com/apps/pbcs.dll/article?AID=/20081216/A_NEWS/812160314/-1/A_NEWSNew rules to protect a fish the length of a finger will permanently slash Delta water deliveries to two-thirds of California, with reductions of 20 percent to 30 percent most years, state officials said Monday.Water exports from giant pumps near Tracy already had been cut by a federal judge, but only temporarily. The new rule, released Monday, makes the cuts permanent.The U.S. Fish and Wildlife Service found in a 410-page review that the pumps are jeopardizing Delta smelt, something environmentalists and Delta advocates say is old news."We believe it's been clear since at least 1978 that the (pumps) have been severely damaging fish and wildlife, and yet they continued to increase exports," said Stockton water attorney Dante Nomellini, who represents central Delta farmers.A federal judge last year threw out rules that said the pumps weren't a threat and put in place temporary restrictions to protect smelt. He ordered that new rules be written by Monday.Those rules will continue some of the same restrictions ordered by Judge Oliver Wanger, such as improving flows on the Old and Middle rivers, which run backward and carry fish to their demise when the pumps are churning.The new rules include additional protections during the fall months, which could impact water deliveries even more - up to 33 percent in a worst-case scenario, state officials said.The wide range of possibilities will make planning difficult for farmers and cities depending on Delta water, the state said. While Stockton does not receive water from the south Delta pumps - nor does most of San Joaquin County - the city of Tracy and farmers in the county's southern reaches do."Everything that's happening is chipping away at the certainty and reliability of the two water projects," said Lester Snow, director of the state Department of Water Resources.The Metropolitan Water District, which serves much of Southern California with water from the Delta and other sources, issued a statement saying a "regulatory noose" was tightening around the state's most important water supply system.Water users have called for an overhaul in how the Delta is managed, including construction of a peripheral canal so that water could be shipped around, rather than through, the fragile estuary. They took Monday's announcement as an opportunity to push once more for such a change."There is a lack of a comprehensive approach on this," Snow said. "We all know there's many stressors on the ecosystem. ... Exports are part of that group of stressors, but it's not the only issue."Stockton environmentalist Bill Jennings said the new rules are a step toward correcting years of mismanagement of the Delta by the state and federal governments. To this point, judges have been the Delta's only protectors, he said, noting that Monday's new rules came about only as a result of a judge's order."If the Delta's going to be saved, it's going to be the courts that do it," Jennings said.U.S. Fish & Wildlife Service...Sacrametno Fish & Wildlife OfficeDelta Update...December 15, 2008Biological Opinion IssuedService Delivers Delta Smelt (OCAP) Biological Opinion to Bureau of Reclamation.http://www.fws.gov/sacramento/delta_update.htmComplete biological opinion (PDF 8.3 MB) http://www.fws.gov/sacramento/es/documents/SWP-CVP_OPs_BO_12-15_final_OCR.pdfOfficial signed version (non-OCR)http://www.fws.gov/sacramento/es/documents/SWP-CVP_OPs_BO_12-15_final_signed.pdfFor easier downloading, here is the opinion divided into three sections:Background (5.5 MB)Cover Letter, Consultation History, Table of Contents, Project Description, Analytic Frameworks, Status of the Species http://www.fws.gov/sacramento/es/documents/SWP-CVP_OPs_BO_12-15_pp_intro-202.pdfDeterminations (2 MB)Effects of the Proposed Action, Reasonable and Prudent Alternative, Incidental Take, Conservation Recommendations, Closing Statement http://www.fws.gov/sacramento/es/documents/SWP-CVP_OPs_BO_12-15_pp_202-297.pdfLiterature Cited, Attachments (1.1 MB) http://www.fws.gov/sacramento/es/documents/SWP-CVP_OPs_BO_12-15_final_Lit_and_Append.pdfHousing starts fall more than expected (6:20 a.m.)http://www.recordnet.com/apps/pbcs.dll/article?AID=/20081216/A_NEWS/81216001/-1/A_NEWSWASHINGTON (AP) — Struggling homebuilders cut back even more than expected last month, sending the construction of new homes plummeting in November by the largest amount in almost a quarter-century. New home starts fell to a seasonally adjusted annual rate of 625,000 from a downwardly revised level of 771,000 in October, the Commerce Department said today. That is a drop of 18.9 percent, the steepest since March 1984. The total is far below the 740,000 pace that Wall Street economists expected. Applications for building permits, considered a good sign of future activity, fell by 15.6 percent to 616,000, from an upwardly revised figure of 730,000 in October. Economists expected an annual rate of 700,000 permits, according to a survey by Thomson Reuters. The housing starts and permit figures are at all-time lows, breaking records that were set last month. Separately, the Labor Department said the consumer price index fell by 1.7 percent last month, the largest drop in records going back 61 years. The drop was driven by a steep fall in energy costs. The huge decreases reflect the severe recession gripping the country and raise the pressure for the Federal Reserve to act decisively to guard against a debilitating bout of deflation. The Fed wraps up a two-day meeting today. Economists expect the central bank to cut the federal funds rate, already at a low 1 percent, by another half-point in an effort to keep the recession from worsening. Builders, meanwhile, continue to be discouraged by the prospects of a housing turnaround. The new homes report comes a day after other dour housing news Monday, as the National Association of Home Builders/Wells Fargo housing market index held at a record-low level of nine in December for the second straight month. Index readings higher than 50 indicate positive sentiment about the market. But the index has drifted below 50 since May 2006 and has been below 20 since April. “It is going to be a very cold winter indeed for homebuilders,” Joshua Shapiro, chief U.S. economist for forecasting firm MFR Inc., wrote in a note to clients Monday. Builders began new single-family homes at an annual rate of 441,000 last month, the department said, 16.9 percent below October’s figure of 531,000. That is the steepest drop in single-family home starts since January 1991. Tighter lending standards, rising defaults and fear about the housing market’s future have sidelined buyers, an absence felt acutely by homebuilders such as D.R. Horton Inc., Pulte Homes Inc. and Centex Corp.San Francisco ChronicleU.S. issues rules to protect Delta smelt...Peter Fimritehttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/16/MNDD14OIOF.DTL&type=printableScarce irrigation and drinking water in California could be reduced under a set of rules enacted Monday by the U.S. Fish and Wildlife Service to protect a rare fish uniquely adapted to the Sacramento-San Joaquin River Delta.The new protections of the threatened delta smelt appear in a 400-page report, the culmination of long negotiations, lawsuits and hearings over three years involving environmentalists, fishing advocates, state and federal water brokers and their contractors. The rules are among the most comprehensive ever put together under endangered species laws to protect a single species of fish, according to experts.The crux of the issue is the contention by environmentalists that the huge Tracy-area pumps used by the State Water Project and federal Central Valley Project to bring delta water to 25 million Californians and irrigate 750,000 acres of cropland also suck up and kill smelt. Biologists believe the federal ruling will prevent the extinction of the species. "We're very pleased," said Tina Swanson, a fish biologist and senior scientist at the Bay Institute, a nonprofit research organization dedicated to protecting San Francisco Bay and delta ecosystem health. "The biological opinion includes curtailments in water exports from the delta during times of the year when delta smelt are spawning and the young larvae and juveniles are present. The requirements are there to reduce the number of delta smelt sucked into the pumps and killed."The health of the delta smelt, a 2- to 3-inch long silver-colored fish,is, according to biologists, a sign of the overall health of the ecosystem, including other fish species such as striped bass, longfin smelt, threadfin shad and Chinook salmon. At stake is not only a rare species of fish uniquely adapted to the delta's shifting currents and brackish water but also the drinking and irrigation water for millions of Californians from the Bay Area, throughout the San Joaquin Valley and in Southern California.Vast amounts of waterThe federal and state water distribution systems tap the vast network of channels, islands and marshes known as the California Delta. Vast quantities of water are pumped every year to farmers and communities using the pumping and piping systems of the two agencies. In 2007, U.S. District Judge Oliver Wanger ordered cuts in the amount of water pumped out of the delta in an effort to protect the fish. The ruling caused a 25 to 30 percent reduction in water exports by the State Water Project in 2008, or a loss of 730,000 acre feet of water. An acre foot is enough water to cover an acre in a foot of water. Overall, the two agencies cut water production about 18 percent since Wanger's ruling. The new rules will maintain that same average annual reduction, but Department of Water Resources officials said the lack of water will be more noticeable during dry years because of a mandate that more fresh water be sent downriver each autumn. Swanson and other experts on smelt have long pushed for provisions mandating increased freshwater flows down the river because, she said, studies have shown that delta smelt populations increase when there is more water.Lester Snow, the water resources director, said state water exports could be reduced as much as 50 percent of pre-2007 levels during dry years under the new provisions. The combined total of federal and state water exports would decline about 33 percent during dry years, he said. Water rationingThat would almost certainly mean mandatory water rationing and other measures to reduce water use in many areas throughout California, a scenario that is looking more likely every year drought conditions persist in California. "Obviously a 50 percent impact is a significant impact," Snow said. "There are a lot of stressors (on the fish). Water exports are not the only stressor."The water fight started in 2005 when environmentalists sued the U.S. Fish and Wildlife Service after the agency issued a biological opinion saying that the federal and state water projects would not jeopardize the delta smelt. Wanger's 2007 ruling was in reality an order for the government to establish new rules to protect the fish. The rules are known as a biological opinion, a bureaucratic way of describing the official conclusion about the impact of the jointly operated water projects on fish species. Such biological opinions are required under the Endangered Species Act. The Association of California Water Agencies, a lobbying group that represents more than 400 agencies that deliver 90 percent of the state's water, has been warning that such restrictions would cause cropland to go fallow. Representatives say cities in the Tri-Valley, Santa Clara County, Los Angeles and elsewhere would have to start mandatory rationing programs in order to deal with the cuts in water.Effect on SalmonSnow suggested that the regulations might also reduce the amount of water available for salmon, a contention Swanson said was bogus. A separate biological opinion for salmon is scheduled to be released in March."It is not a choice between protecting delta smelt or salmon," Swanson said. "You need to protect both. It is the responsibility of the state and federal water projects to maintain adequate flows to protect all of these fish."Swanson acknowledged, though, that the new guidelines will probably mean less water for people and crops."We have been saying for years that too much water has been exported and that has contributed to the decline of the fish," Swanson said. "As a consequence they are now listed as an endangered species. These biological opinions we hope will bring back balance. It's probably going to mean there is less water available for export."The delta smelt are unique to the delta's vast network of channels, islands and marshes. The species adapted over the eons to the brackish water, varying currents from converging rivers and flooding that has historically inundated the valley. Smelt live for about a year, spawn and their larvae then drift down to Suisun Bay, where they grow and repeat the cycle. Studies this decade have documented a precipitous drop in the number and range of the smelt, historically the most common fish in the delta. Many believe they are on the verge of extinction. The decision on the smelt is the latest in a string of rulings ordering state and federal regulators to fix a water system. In July, Judge Wanger affirmed that water diversions in the Delta have jeopardized the existence of California's beleaguered salmon. That decision came amid a statewide fisheries crisis. The number of salmon in the ocean plummeted this past year, prompting a ban of fishing all along the California and Oregon coasts. Are we in danger of running out of water? California's population is growing by 600,000 people a year, but much of the state receives as much annual rainfall as Morocco. The pressures on California's water resources are only increasing. (Courtesy of KQED)...Quest Videohttp://www.sfgate.com/cgi-bin/object/article?f=/c/a/2008/12/16/MNDD14OIOF.DTL&o=1&type=printableObama's pick for energy sec no friend of Yucca Mt....APhttp://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/12/15/state/n170456S49.DTL&type=printableSenate Majority Leader Harry Reid praised President-elect Barack Obama's nominee for U.S. energy secretary on Monday, saying Steven Chu is an ally in the fight against Yucca Mountain who can help lead the country to a more energy-independent future.Chu, a Nobel-prize winning physicist, is the director of the Lawrence Berkeley National Laboratory and a leading advocate of reducing greenhouse gases by developing new energy sources.He has raised concerns in the past that while the proposed nuclear repository at Yucca Mountain northwest of Las Vegas is planned to be built to standards ensuring safety for 10,000 years, the metal casings holding the waste could fail within 5,000 years."Steven Chu is an extremely accomplished scientist and strong choice to lead America into a more energy-independent future," Reid, D-Nev., said in a statement Monday from Washington D.C."He has shown that he can work beyond the confines of a national lab to tackle real-world issues and his expertise will greatly benefit our country," he said."Dr. Chu also knows, like most Nevadans, that Yucca Mountain is not a viable solution for dumping and dealing with nuclear waste."Rep. Shelley Berkley, D-Nev., echoed Reid's sentiment."After eight years of battling the Bush administration, Nevada leaders look forward to working with a president who is on our side when it comes to stopping Yucca Mountain," she said."No longer will we have a policy that ignores science and safety and that puts the wishes of the nuclear industry over protecting America's families and communities," Berkley said."Dr. Chu’s recognition of Yucca Mountain’s dangers will make him an ideal partner to work with President-elect Obama to stop nuclear waste from being dumped outside Las Vegas for the next one million years."Chu said in an interview posted on the Web site of the UC-Berkeley's NewsCenter on Sept. 30, 2005 that Yucca Mountain would be filled up with waste from all existing civilian and military nuclear operations as soon as it opened its doors."So we need three or four Yucca Mountains. Well, we don't have three or four Yucca Mountains," Chu said at the time."The other thing is that storing the fuel at Yucca Mountain is supposed to be safe for 10,000 years. But the current best estimates — and these are really estimates, the Lab's in fact — is that the metal casings (containing the waste) will probably fail on a scale of 5,000 years, plus or minus 2," he said."That's still a long time, and then after that the idea was that the very dense rock, very far away from the water table will contain it, so that by the time it finally leaks down to the water table and gets out the radioactivity will have mostly decayed," Chu said in the interview.In a report to Congress last month, the Bush administration said there are no technology constraints to a major expansion of the proposed nuclear waste site in Nevada, calling for possibly tripling the amount of highly radioactive used reactor fuel that could be stored there in manmade underground caverns.The Energy Department specifically asked that the current capacity limit of 77,000 tons of waste — imposed by Congress in 1987 — be removed to accommodate all of the waste expected to be generated at commercial power plants, many of which are likely to operate for another four decades or more.Reid told The Associated Press in an interview earlier this month that he would block Senate confirmation of any nominee for energy secretary who supports building a nuclear waste dump at Yucca Mountain.He said on Monday that in addition to nuclear waste, he has been impressed by Chu's command and understanding of serious energy and global warming problems facing the world. He said that is why he invited him to the National Clean Energy Summit in Las Vegas this past summer."I am confident that Dr. Chu will transform the Department of Energy into a smart and progressive weapon against our addiction to oil, making our economy vastly more energy efficient and bringing about a safer future," Reid said. "I look forward to confirming Dr. Chu as quickly as possible."Condors, Fire, Energy and Extinction...Peter Fimrite...Village Greenhttp://www.sfgate.com/cgi-bin/blogs/sfgate/detail?blogid=50&entry_id=33242There seems to be more action these days in the area of wildlife management, forest health, alternative energy and global warming. Or maybe people are just talking more. Could it be that, along with a new president, a new attitude is emerging? Or is it just that the environmental community is standing up after eight years of, well, sitting down?The news is both good and bad.On the good front, California condors got an apparent reprieve from lead poisoning this week when environmentalists and the state settled a lawsuit over the use of lead ammunition by hunters.The California Department of Fish and Game and the California Fish and Game Commission agreed to extend limits on the use of bullets containing lead to all depredation hunting throughout the condor's range. Studies have shown that the lead shot in carcasses left by hunters is often ingested by the giant vulture, causing reproductive problems and sometimes killing the endangered bird. A new report by the United States Forest Service on the status of California's forests is a mixed bag. The agency's Forest Inventory and Analysis Report states, among other things, that the state is surprisingly heavily forested, with 19 million acres of the state's 100 million acres of forest under public management. Some 13 million acres are privately held, and much of that land is used for logging. The inventory, which is released every five years, states that most housing growth over the past decade has been on the edge of forested lands and open space. Insects, diseases, air pollution and fire are also taking a toll, with an average of more than 200,000 acres of forested land burning between 2001 and 2005.State Senator Patricia Wiggins, D-Santa Rosa, was hoping for good things when she introduced legislation this week designed to encourage more production of solar power. Senate Bill 7 would compensate residential electric utility customers who participate in the state's solar program, known as the California Solar Initiative, for all the power they generate from solar panels. Besides subsidies for installing photovoltaic panels, residents are now compensated only for the amount of energy they use.And Friends of the Earth announced this week that they are mobilizing for a fight against the resurgence of nuclear power, a source of energy for which many, including President-Elect Barack Obama, have expressed at least some support. The first order of business, say activists for the organization, is to stop President Bush from opening up Nevada's proposed Yucca Mountain radioactive waste dump.Meanwhile, global warming is believed to have claimed its first victim in Australia. Biologists and biodiversity experts claim that a white possum native to the Daintree forest in Australia has not been spotted there since 2005. The lemuroid possum, native to mountain forests north of Queensland, may have died off as a result of record high temperatures that year, according to the expertsContra Costa TimesNew era of limits for Delta water users...Mike Taugherhttp://www.contracostatimes.com/localnews/ci_11240314Federal regulators on Monday slammed the brakes on years of record and near-record water pumping from the Delta with restrictions to prevent the tiny Delta smelt from going extinct.The new measures required in a U.S. Fish and Wildlife Service permit will restore more natural rhythms and flows to the Delta at a cost that state water officials estimated would amount to about one-fifth of the annual water supply in most years. In dry years and in the worst cases, some agencies could see their Delta supply cut in half.The two sets of pumps in question deliver water to millions of acres of farmland and about 25 million Californians, and water officials predicted a severe economic cost."The water supply is becoming less certain," said state Department of Water Resources Director Lester Snow.Snow warned that the water flow restrictions could become worse in the coming months with more protections for other declining fish species, including longfin smelt and several runs of salmon and steelhead.The document issued Monday, called a biological opinion, was ordered last year by U.S. District Judge Oliver Wanger after he ruled in favor of environmentalists and invalidated the previous permit that he said was allowing water managers to drive fish into extinction. Its more than 300 pages blame the state's giant pumps for sucking up fish and killing them and for dramatically altering the Delta's ecosystem in ways that have made it more hospitable to harmful invasive species, including clams, algae and plants. The biologists' prescription strictly limits the number of fish that can be killed at the pumps and also limits water managers' ability to run the pumps so hard they reverse the flow of two channels.Those limits are similar to interim measures Wanger ordered last year. State water officials said that ruling cut water supplies by about 730,000 acre-feet, or enough for about 1.5 million families.The permit also will require water managers to release water to flush the Delta of saltwater in the fall of wet years. That could significantly deplete water supplies in about one in five years.Environmentalists were pleased."It's certainly a forceful step in the right direction," said Bill Jennnings, director of the California Sportfishing Protection Alliance.Water agency representatives across the state were displeased. They said the new conditions were unnecessarily draconian and were unlikely to revive the fish."The thing that's really disturbing about it is in a drought you're hoping it will end. With these regulations, we're never going to get back to normal," said Laura King Moon, assistant general manager of the State Water Contractors.Moon said it was "definitely a possibility" that her organization would sue to overturn the permit.In the Bay Area, the Zone 7 Water Agency that serves Dublin, Livermore and Pleasanton appeared to be the most likely affected because it takes 80 percent of its water from the State Water Project.But Zone 7 spokeswoman Boni Brewer said the agency does not expect mandatory rationing next year because of groundwater stored for use in a drought.At the Contra Costa Water District, assistant general manager Greg Gartrell said the permit probably would not affect the district's water supply, which is part of the federal water project but has its own pumps. San Joaquin Valley farms could take a big hit."We cannot sustain the kind of devastating impacts we had this year, and that seems to be the prescription they want to write for us," said Jason Peltier, deputy general manager of the Westlands Water District. The lawsuit that led to the new permit was brought by the Natural Resources Defense Council and the Bay Institute.Mercury NewsNew rules will cut delta water pumping by up to 33 percent...Paul Rogershttp://www.mercurynews.com/news/ci_11240248?nclick_check=1Federal biologists on Monday issued new rules that will reduce the amount of water pumped to cities and farms from San Francisco Bay's delta by as much as one-third in some years — part of a court-ordered effort to save a two-inch, silvery fish from extinction.The long-awaited "biological opinion" from the U.S. Fish and Wildlife Service could have a significant impact on Silicon Valley, which receives roughly half of its drinking water from the delta and the other half from local underground aquifers."It feels like a double whammy. We've had two dry years and we've had reduced imported water from the delta," said Susan Siravo, a spokeswoman for the Santa Clara Valley Water District.Including the current storms, San Jose's rainfall totals 46 percent of normal for this time of year. Based on how wet the winter is, the Santa Clara Valley Water District will decide by March whether to order mandatory rationing for Silicon Valley residents for the first time since 1991.Cutting delta deliveries clearly worsens Silicon Valley's plight, although the area is not as vulnerable as places like the East Bay because of its large underground supplies. The delta decision was not unexpected.U.S. District Judge Oliver Wanger, a Republican based in Fresno, ordered it last year after environmentalists won a lawsuit contending that the Bush administration violated the Endangered Species Act by increasing pumping from the delta in ways that harmed the delta smelt. The tiny smelt can be ground up in the massive state and federal pumps near Tracy that deliver water to 25 million Californians and that irrigate millions of acres of Central Valley farmland.Environmentalists called Monday's news overdue."The delta smelt is a bellwether for the health of the delta," said Doug Obegi, an attorney with the Natural Resources Defense Council in San Francisco. "What has happened to the smelt is indicative of what has happened to salmon and other species. We have increased pumping from the delta over the past decade and seen dramatic reductions in their numbers."Others called the order a travesty. "California's primary water supply has just taken another big hit," said Laura King Moon, assistant general manager of the State Water Contractors, an association of 27 farm and city water districts. More than 300 pages long, Monday's rule sets a complex formula under which the state and federal government must release water from reservoirs, change pumping practices and take other measures to protect the delta smelt.In normal years, those measures will result in a 17 percent reduction in pumping, the same reduction that occurred in 2008 under interim measures from Judge Wanger. In "worst case" years that are dry with other conditions such as high turbidity that threaten the smelt, the cuts could be as high as 33 percent.California's problem is simple. Three-quarters of the rain and snow falls in the north. But three-quarters of the people live in the south. Since the 1930s, the state has built one of the largest systems of dams, aqueducts, pumps and canals in the world to move water from north to south.The linchpin is the delta, a vast network of sloughs and marshes where the state's two largest rivers — the Sacramento and the San Joaquin — meet before flowing to San Francisco Bay.On Monday, Gov. Arnold Schwarzenegger's top water official, Lester Snow, said California needs to fix the delta by building new off-stream reservoirs and finding new ways to move water, which could include a so-called "Peripheral Canal" around the delta, a plan shot down by state voters in 1982.Environmentalists, however, said that the decision will help restore a balance that considers the health of fisheries — along with helping corporate agribusiness to grow water-intensive crops like cotton and alfalfa in arid areas. Obegi noted that a 2005 study by Snow's department, the State Department of Water Resources, found that more conservation, including drip irrigation and low-flush toilets, along with using reclaimed wastewater and more underground storage, could provide the same amount of water as is drawn every year from the delta."This is heralding in a new era of water management. Change is difficult. But it is necessary," Obegi said.UC Davis will use lasers, sounds to scare birds...Woodland Daily Democrathttp://www.mercurynews.com/news/ci_11244966WOODLAND — 16--A program to discourage egrets and herons from nesting in the UC Davis campus's Shields Oak Grove will continue next year with a bit more flash. When the first black-crowned night-herons arrive in March, they will be greeted with disturbing but harmless distress calls and laser lights, said Ellen Zagory, director of horticulture for the UC Davis Arboretum and a member of the arboretum oak and wildlife management team. The annoyances will persist, at dusk and dawn, as long as the big birds continue landing in the oak trees. Based on the annual pattern seen in the eight years since the first nests were built, the team expects to have to shoo away two overlapping waves of birds — night-herons, snowy egrets and great egrets followed by a large and prolonged wave of cattle egrets. The Shields Oak Grove was established at the arboretum's west end in 1963. The big, wading birds began using the trees as a rookery — a place to nest and raise offspring — in 2000. Since then, their nests have become more numerous and spread over a larger area of the grove. In 2006, there were 631 nests; in 2008, there were 866 nests. In addition to the rookery, the Shields Grove has also become a roost for non-nesting birds during the breeding season. While the rookery numbers have steadily risen, the roost numbers fluctuate widely, for unknown reasons. In 2007, there were 800 birds simply roosting in the grove; in 2008, there were only a handful. What began as an interesting wildlife spectacle has become a serious threat to the oak trees' health, largely because of the toxic qualities of the birds' excrement, or guano, Zagory has said. "Ammonia is toxic and causes defoliation. Guano is opaque, so it blocks photosynthesis and causes defoliation. Salts stunt the growth of roots and shoots, and cause margin burn on the leaves and defoliation," Zagory summed up the problem last spring. Complete defoliation of a branch over several years kills the branch. Dead branches can lead to weak and dying trees — not an option for the oak grove, which is a resource for scholars and conservationists, as well as recreational visitors. It contains the largest collection of mature oaks in the southwestern United States — 304 trees representing 87 types of oak species, varieties and hybrids, some of which are rare and endangered. It is a partner in the national oak collection of the prestigious North American Plant Collections Consortium. In past years, in hopes of a sustainable balance for both trees and birds, the arboretum oak and wildlife management team has tested a variety of nesting deterrents: structural pruning of trees; removing some redundant and crowding trees; removing the remnants of previous years' nests; and tying shiny Mylar streamers and balloons to the treetops. The rookery kept growing, although last year's trial with a hand-held laser light was very effective in moving birds away from a selected grove of trees, said Andy Engilis, curator of the UC Davis Museum of Wildlife and Fish Biology, and the wild-bird expert on the team. "No single method alone has been shown to be effective in deterring colonial-nesting birds, so we need to throw a suite of tactics at them," said Engilis. "This year, we will use laser lights in combination with bird distress calls broadcast from loudspeakers, human presence and even, possibly, small noisemaking fireworks." If any birds are resolute enough to lay eggs, the entire deterrent program will stop, in order to prevent any chick deaths, Engilis said. "The keys to success will be diversity of methods, timing, persistence and organization," he concluded. "The university is committed to finding a solution that works for both birds and trees. We are hopeful that this season we have the right formula." Los Angeles TimesU.S. tightens the tap on water from Northern CaliforniaNew restrictions are intended to protect the delta smelt and the Sacramento-San Joaquin River Delta....Bettina Boxallhttp://www.latimes.com/news/local/la-me-water16-2008dec16,0,17361,print.storyFederal wildlife officials on Monday released new restrictions on pumping water from Northern California, further tightening the spigot on flows to Southern California cities and San Joaquin Valley farms.The curbs, intended to keep the tiny delta smelt from extinction and stem the ecological collapse of California's water crossroads, could in some years cut state water deliveries by half."The water supply is becoming less certain," state water resources Director Lester Snow said.The cutbacks will vary depending on conditions in the Sacramento-San Joaquin River Delta, the smelt's only home and a major source of water for the majority of Californians.In a typical year, the smelt protections will slash California State Water Project deliveries 20% to 30% -- essentially maintaining the level of cuts ordered this year by a federal judge. Under the worst conditions, that figure could climb to 50%.The limits come on the heels of two dry years, growing concern over diminished supplies from the Colorado River and a biological meltdown in the delta east of San Francisco."We're going to keep doing this until we do a long-term fix in the delta," said Snow, complaining that the federal action placed too much of the blame for the smelt's problems on the huge delta pumps that send water south.Chemical contamination, invasive species, power plant operations and climate are all hurting the delta, he said. Federal scientists say pumping has altered the hydrology and salinity of the delta and as a result, its suitability as a wildlife habitat. The pumps are so powerful that they reverse delta water flows, carrying fish to the pumps. The smelt has become the emblem of the delta's environmental troubles. But it is just one of several delta fish species in trouble. Recreational and commercial fishing for chinook salmon, which migrate through the delta to the Sacramento River, was banned this year because the fall-run population was so low.The new restrictions are contained in a biological opinion issued by the U.S. Fish and Wildlife Service. The 410-page document deals with the operation of the federal Central Valley Project and the State Water Project, California's two biggest water systems.Ruling in one of a host of lawsuits that have been filed by environmental groups, U.S. District Judge Oliver Wanger last year threw out an earlier opinion prepared by the service that concluded the projects wouldn't jeopardize the smelt's continued existence.Wanger called that finding "arbitrary, capricious and contrary to law," ordered the agency to prepare a new one and imposed a set of interim pumping curbs that reduced the amount of water exported from the delta this year by enough water to supply more than 1 million households.The new opinion, released by fish and wildlife's Sacramento office, reversed the agency's stance, essentially continuing the temporary curbs and adopting additional ones to improve smelt habitat and keep the fish away from the pumps."This is a major new reduction in water deliveries that will impact families, businesses and farmers throughout California," said Laura King Moon, assistant general manager of the State Water Contractors. The state project, which will be the most affected, provides about a third of the Southland's urban water. The rest comes from the eastern Sierra, the Colorado River, local groundwater reserves and reclaimed supplies.An ongoing drought in the Colorado basin has cut deliveries of surplus water that Southern California has long depended on. And a statewide drought has depleted reservoirs the length and breadth of California. If this is another dry winter, managers for the Southland's biggest water agency say they will have to cut deliveries to local districts.Agriculture interests have called for new reservoirs, water districts are urging homeowners to conserve water and environmentalists say it's time to recognize the limits of California's water supply."We need to make a fundamental change in how we see and use water," said Doug Obegi, an attorney with the Natural Resources Defense Council, one of the groups that filed the smelt lawsuit. "There are a ton more opportunities in water conservation, improved groundwater management, water recycling and design that captures storm water."Las Lomas development may be 'finally dead'Judge refuses to reopen Los Angeles' environmental review of the massive project. The city had ordered the Planning Department to stop processing the application...Jennifer Oldhamhttp://www.latimes.com/news/science/environment/la-me-laslomas16-2008dec16,0,5931846,print.storyA Los Angeles County Superior Court judge has declined to order the city to reopen its environmental review of a controversial 5,553-home development proposed for steep hillsides near where the 5 and the 14 freeways intersect. Judge David P. Yaffe ruled Friday that state law doesn't require the City Council to finish preparing environmental studies before considering the proposal by developer Dan Palmer to build a mixed-use community known as Las Lomas. The council voted 10 to 5 in March to instruct the Planning Department to stop processing the application to build the project, which would have included more than 2 million square feet of commercial space.Palmer sued the city last summer, contending that the decision violated state law and the developer's constitutional right to due process. The complaint asked the court to order the city to finish complex environmental studies and to award it $100 million in damages. Council members feared that the development -- under which Palmer proposed that Los Angeles annex the 555-acre parcel so he could access the city's water supply -- would tax already overburdened services and further snarl traffic.Yaffe's ruling led City Councilman Greig Smith, who headed an effort to dismiss the city's review of the project, to declare that "after six years of fighting this ill-conceived project, it appears to be finally dead."Attorneys for Palmer and Las Lomas Land Co. said they are considering an appeal. Bush rewrites the rulesLast-minute changes being pushed through by the administration, such as altering H-2A visa rules, are creating disasters that Barack Obama will have to reverse beginning Jan. 20...Editorialhttp://www.latimes.com/news/opinion/editorials/la-ed-visas16-2008dec16,0,6397477,print.storyThe anticipation is almost unbearable. For some, it seems as if Dec. 25 will never come. Others can hardly wait for Sunday and the start of eight days of miraculous light and celebration. And for those whose gifts arrive with camels and kings, the lapse between now and Jan. 6 feels like an eternity. To the season of yearning we now add Jan. 20. That's when President Bush will finally set down his pen.Not content to leave office as the most unpopular president in recent history, Bush is cementing his legacy of hardheaded autocracy by pushing through a record number of last-minute and particularly noxious changes in federal regulations. Bypassing congressional debate and often receiving public comments through government websites, the administration has in recent months issued dozens of "midnight regulations" that in some cases could take years to reverse. This isn't just leaving a stamp on the country, it's more like inking a tattoo.Although other presidents have crafted rules the next administration might not, none has been so aggressive or destructive as Bush. His administration has attacked environmental safeguards, reproductive rights and public safety. It has acted to permit uranium mining near the Grand Canyon, curtail women's access to birth control, allow visitors to carry loaded guns in national parks -- which are among the safest public places in the country -- and open millions of acres of unspoiled land to mining.Last week, the Department of Labor weakenedthe nation's already flawed agricultural guest worker program. The new H-2A visa rules, which take effect in January, revise the way wages are calculated and will lower them substantially. In California, farmworker advocates say, the current $9.72 hourly wage would drop by 18%. The new rules also reduce requirements for growers to prove they have made a good-faith effort to recruit U.S. workers and limit how much they have to reimburse workers for their trips home. This is precisely what opponents of immigration reform feared: policies that disadvantage citizens and encourage the easy exploitation of migrantsFurthermore, the changes won't even narrow the labor gap. In California, only about 1% of the state's 450,000 farmworkers are recruited through the H-2A visa program, and growers say the rule changes won't help them; they'll continue to push for the Agricultural Job Opportunities, Benefits and Security Act, a bipartisan effort that would free migrant workers to move among employers and eventually allow them to gain legal status and become U.S. citizens.Once Barack Obama is sworn in, he'll have the power to clean up these regulatory disasters. That alone makes Jan. 20 feel like Christmas, Hanukkah and Three Kings Day rolled into one. The San Bernardino SunFresno judge tapping into state's looming water crisis...Ralph E. Shaffer and R. William Robinson. Ralph E. Shaffer is professor emeritus of history at Cal Poly Pomona. R. William Robinson is a director of the Upper San Gabriel Valley Municipal Water Districthttp://www.sbsun.com/pointofview/ci_11240176Rain and snowfall may have been a little light in the last few years in California but the drought that may hit the state this week won't be due to a lack of precipitation. It will be a court-ordered drought emanating from a judge's chamber in Fresno where Judge Oliver Wanger is about to rule on a multitude of issues involving water projects and endangered species.Evidence before the court includes the usual suspects in aAn important litigation milestone will occur this week when judge Wanger rules on the state's request for a permit to regulate the flows of the State Water Project which have been reduced up to 30 percent recently. Regardless of the judge's decision on the new permit, we predict an immediate challenge by the same interests that initiated the legal action that curtailed the pumps some 21 months ago. In essence Judge Wanger has become water master to the state of California forever. The catch-22 nature of the clash between the water issues and judicial uncertainty is due to the fact that all estuarine-river systems are fundamentally complex and chaotic, so much so that no expert can realistically hope to accurately predict the impact of multiple human activities on the delta habitat. Despite the complex environment north of the state pumps at Tracy, water exportation has been singled out as a guilty fish killer. The goal the law requires the judge to reach is "reasonableness." If Judge Wanger fails the case will revert for review to a group of top federal officials called the "God Squad." The God Squad committee will likely not be a useful tool for resolving these Endangered Species Act conflicts because it is such a cumbersome and time-consuming process. Litigants on both sides seem happy to remain immersed in the Wanger process because they believe they have received a fair hearing and because all parties agree that the Ninth Circuit Court of Appeal is a too dangerous, dysfunctional minefield. Yet the complexity of the case issues truly defy any judicially reached decision. Even Solomon in all his wisdom would have no hope of approving a perfect biological opinion. But the future of the State Water Project does depend on a perfect biological opinion. The many theories and dueling experts will likely guarantee that the future will become more problematical than the present. One solution, increased water conservation pressure, is a given. Locally we are primed to react to the Wanger process as follows. The drought management mode will include immediate changes in our water-rate structure. That will force universal implementation of the increasing block rate, multi-tiered price structure that has been so successful in Orange County's Irvine Ranch Water District. But the knottiest problem is that all responsible parties to the problem have not been named in the lawsuit. For example, local land-use decisions are controlled by municipalities that have not a clue about what is required to deliver a gallon of water to the many Central Valley farms and to new developments that have been approved beyond the boundaries of the existing delta primary zone. If in the end water conservation fails and Wanger's decision greatly curtails pumping into the State Water Project, we are faced with our old standby solution, "Toilet-to-Tap" water purification technologies. The grave consequences of the current litigation nightmare guarantee that legislative inaction, which has been the case in Sacramento for some time, will be replaced by rushed and sloppy efforts to resolve the crisis. Unless Judge Wanger rises to the occasion, California may soon be standing in line behind the banking and auto industries of this country seeking a multi-billion dollar bailout caused by a fish that most Californians will never see. Washington PostReport: Endangered species decisions tainted...The Associated Presshttp://www.washingtonpost.com/wp-dyn/content/article/2008/12/15/AR2008121502596_pf.htmlWASHINGTON -- A high-ranking Interior Department official tainted nearly every decision made on the protection of endangered species over five years, a new inspector general report finds, concluding she exerted improper political interference on many more rulings than previously thought.Julie MacDonald, a former deputy assistant secretary overseeing the Fish and Wildlife Service, did pervasive harm to the department's morale and integrity and may have risked the well-being of species with her agenda, Interior Inspector General Earl Devaney said in his report out Monday.The Interior Department last year reversed seven rulings that denied endangered species increased protection, after an investigation found that MacDonald had applied political pressure in those cases. The new report looked at nearly two dozen other endangered species decisions not examined in the earlier report. It found MacDonald directly interfered with at least 13 decisions and indirectly affected at least two more.MacDonald, a civil engineer with no formal training in natural sciences, resigned in May 2007. Department employees reported that they used her name as a verb _ encountering political interference from senior managers was called "getting MacDonalded."Devaney said "MacDonald's zeal to advance her agenda has caused considerable harm to the integrity of the ESA program and to the morale and reputation" of the Fish and Wildlife Service, as well as potential harm to animals under the Endangered Species Act."Her heavy-handedness has cast doubt on nearly every ESA decision issued during her tenure," from 2002 until 2007, the report said. MacDonald was deputy assistant secretary from 2004 to 2007 and a senior adviser in the department for two years before that.MacDonald did not return telephone messages left for her in Washington and California on Monday. In a letter to Devaney refusing to be interviewed for his second report, she said that he showed "breathtaking arrogance" in conducting his previous investigation.She resigned weeks after the report by Devaney last year found that she broke federal rules and should face punishment for leaking information about endangered species to private groups. That report also said MacDonald censored science and mistreated staff.The new investigation reaffirmed those findings and said MacDonald's influence was even more far-reaching. It also faulted her boss, former Assistant Secretary Craig Manson, as well as several other high-ranking Interior officials, including Randal Bowman, a special assistant to Manson, and Thomas Graf, a department lawyer.Manson, who left office in 2005, told The Associated Press in the spring that he took an active role in the endangered species program and his actions were "perfectly proper."Sen. Ron Wyden, D-Ore., who requested the investigation, said Devaney "makes it crystal clear how one person's contempt for the public trust can infect an entire agency."Rep. Nick Rahall, D-W.Va., said the findings "paint a picture of something akin to a secret society residing within the Interior Department that was colluding to undermine the protection of endangered wildlife and covering for one another's misdeeds."Interior Department spokesman Shane Wolfe said officials had just received the 147-page report late Monday and were reviewing it.Report:  http://wyden.senate.gov/newsroom/interior_ig_report.pdfReport: Interior Office Meddled With Endangered Species Act...Derek Kravitzhttp://voices.washingtonpost.com/washingtonpostinvestigations/2008/12/report_interior_office_meddled.html"Washington Watchdogs," a periodic feature of the Post's Investigations blog, looks at the findings of the federal government's official investigators.Political meddling at the Department of Interior into the designation of imperiled species and habitats was more widespread than previously thought, investigators found, according to a lengthy inspector general's report (PDF) released today.The report focused on 20 questionable decisions made by the U.S. Fish and Wildlife Service, finding that Julie A. MacDonald, former deputy assistant secretary for fish and wildlife and parks, had a hand in at least 13 of them. But the report also found that MacDonald, a senior Bush political appointee, had help from others at the agency who "enabled her behavior" and "aided and abetted" her.MacDonald resigned under pressure in May 2007 after investigators found that she had tampered with scientific evidence, improperly removed species and habitats from the endangered-species list, and gave internal documents to oil industry lobbyists and property rights groups. Seven rulings made by MacDonald under the 30-year-old Endangered Species Act were subsequently revised, including the placement of the white-tailed prairie dog and Preble's meadow jumping mouse, a threatened mammal that lives in Wyoming and Colorado, back on the list.H. Dale Hall, the director of the Fish and Wildlife Service, has called the MacDonald episode a "blemish."MacDonald's influence in the Fish and Wildlife office was so prevalent that one unnamed employee told investigators that MacDonald's decisions got their own name: "It became a verb for us -- getting MacDonalded," the employee said, according to the inspector's general report.Investigators also noted that they found "an enormous policy void" regarding the Endangered Species Act, which MacDonald allegedly exploited. The report placed blame on some senior managers MacDonald worked with for failing to institute specific guidelines regarding the placement of species on the endangered-species list. Jay Tutchton, general counsel for the Santa Fe-based Wildearth Guardians, a non-profit environmental group, said MacDonald was simply a "foot soldier" in an office that promoted a "culture of fear." "Senior managers expressed a total lack of interest in protecting certain species and habitats," Tutchton said. "The takeway lesson is that you have to get senior management interested and excited about protecting species. You can't have a culture where people will be scared they'll get rebuked."MacDonald said in an earlier interview that she saw her job as protecting "the public face of the Fish and Wildlife Service" by carefully scrutinizing listing documents that often seem vague or unsupported by evidence. She declined to be interviewed for the report. Spokespersons for Interior Department Secretary Dirk Kempthorne and the U.S. Fish and Wildlife Service said they had yet to fully review the report."Where we have identified problems, we have gone back and revisited those decisions," said Chris Tollefson, a spokesman for Fish and Wildlife. "From our perspective, we're moving forward." Sen. Nick J. Rahall (D-W.Va.), the chairman of the House Natural Resources Committee, said the report painted a picture "of something akin to a secret society residing within the Interior Department that was colluding to undermine the protection of endangered wildlife and covering for one another's misdeeds." Sen. Ron Wyden (D-Ore.), who requested the report, called on congressional leaders to "take immediate steps to make sure that Julie MacDonald's legacy can never be repeated.""This report makes it crystal clear how one person's contempt for the public trust can infect an entire agency," Wyden said. "Ms. MacDonald's narrow focus on her own agenda not only endangered the Endangered Species Act, it opened the door for countless land-use decisions and developments that would have never otherwise been considered."Congress Seeks Funding for High-Speed Rail Service From D.C. to N.Y.C.Estimated Cost of the Legislation Between $18 and $40 Billion...Sholnn Freeman http://www.washingtonpost.com/wp-dyn/content/article/2008/12/16/AR2008121600392_pf.htmlThe Transportation Department is requesting proposals for development of a high-speed rail service between Washington and New York City, a project that Congress hopes to get included in future infrastructure spending by the incoming Obama administration.Rep. John L. Mica (R-Fla.), the House's chief proponent of high-speed rail, made the announcement yesterday at Washington's Union Station. Provisions outlining government support for high-speed development were part of a sweeping railroad safety bill authored by Mica and Rep. James L. Oberstar (D-Minn.) and signed by Bush in October.The legislation called for high-speed service in 10 other rail corridors around the country, including Florida. The department's Federal Railroad Administration is asking private companies and state entities to help the federal government design, construct, finance, operate and maintain high-speed rail service. Mica estimated the cost at $18 billion and $40 billion. He said the trains could be functioning between 2012 and 2020, based on government planning projections. Mica said he was hopeful that spending on high-speed rail would be included in spending proposals that President-elect Obama and congressional Democrats are planning for infrastructure projects.Mica said the United States has become a "third-world country" in rail infrastructure, struggling to meet demand. Amtrak ridership has been growing by double-digit rates in many parts of the country. California voters last month approved a ballot initiative authorizing the state to spend nearly $10 billion in bonds to pay for developing a high-speed rail line.Current Amtrak service is heavily subsidized. Mica said federal taxpayers already subsidize each Amtrak ticket by $50.13 system-wide. The Federal Railroad Administration wants trains that would travel between Washington and New York City in two hours or less. Amtrak's Acela train makes the trip in about 2 hours and 42 minutes, traveling on most stretches at about 84 miles per hour. Some high-speed trains in Europe and Asia go as fast as 250 mph.Lawmakers and transportation officials throughout the Northeast have acknowledged a number of hurdles, including problems with sorting out right-of-way issues and impacts on freight routes and existing Amtrak service. There are also bridges and tunnels that would have to be added or expanded to accommodate more trains. Additionally, it isn't clear what private entities have the financial muscle to step forward to help develop the project, given the breakdown of the financial system and other economic woes.New York TimesReport Finds Meddling in Interior Dept. Actions ...Charlie Savagehttp://www.nytimes.com/2008/12/16/washington/16interior.html?_r=1&sq=endangered%20species&st=cse&scp=4&pagewanted=printWASHINGTON — The inspector general of the Interior Department has found that agency officials often interfered with scientific work in order to limit protections for species at risk of becoming extinct, reviving attention to years of disputes over the Bush administration’s science policies. In a report delivered to Congress on Monday, the inspector general, Earl E. Devaney, found serious flaws in the process that led to 15 decisions related to policies on endangered species. The report suggested that at least some of those decisions might need to be revisited under the Obama administration.Among the more significant decisions was one reducing the number of streams that would be designated as critical habitat for the endangered bull trout and protected from commercial use. That rule is already the subject of a lawsuit by environmentalists. “The results of this investigation paint a picture of something akin to a secret society residing within the Interior Department that was colluding to undermine the protection of endangered wildlife and covering for one another’s misdeeds,” said the chairman of the House Natural Resources Committee, Representative Nick J. Rahall II, Democrat of West Virginia.Most of the problematic decisions involved Julie A. MacDonald, a former deputy assistant secretary for fish and wildlife and parks, who oversaw endangered-species issues and frequently clashed with scientists. The report does not accuse Ms. MacDonald of doing anything illegal, but criticizes her conduct severely. “MacDonald’s zeal to advance her agenda has caused considerable harm to the integrity” of the Endangered Species Act programs “and to the morale and the reputation” of the Fish and Wildlife Service, “as well as potential harm to individual species,” Mr. Devaney said in a cover letter to his report.Efforts to reach Ms. MacDonald by telephone on Monday were unsuccessful. She resigned in May 2007 after an earlier inspector general report found that she had run roughshod over agency scientists and violated federal rules by giving internal documents to industry lobbyists.After her resignation, the Fish and Wildlife Service began a review of eight agency decisions that regional officials said Ms. MacDonald might have manipulated to reach a result that was not supported by scientific evidence. The review is still going on.But Senator Ron Wyden, Democrat of Oregon and chairman of the Senate Subcommittee on Public Lands and Forests, asked the inspector general to cast a wider net in reviewing Ms. MacDonald’s work and that of several close colleagues.Of the 20 matters examined in the new report, the report found that Ms. MacDonald was involved in 13, and that in 15 “the integrity of the process was potentially jeopardized” by her or by several colleagues at the department.“This report makes it crystal clear how one person’s contempt for the public trust can infect an entire agency,” Mr. Wyden said. “Ms. MacDonald’s narrow focus on her own agenda not only endangered the Endangered Species Act, it opened the door for countless land-use decisions and developments that would have never otherwise been considered.”Mr. Devaney also criticized several of Ms. MacDonald’s colleagues at the agency who, he said, aided and abetted “her attempts to interfere with the science” and “the unwritten policy to exclude as many areas as practicable from critical habitat determinations.” Spokesmen for the Interior Department and the wildlife service declined to comment, saying they had not yet read the report. But the service’s spokesman, Chris Tollefson, noted that when previous reports about Ms. MacDonald came out, the agency had made “clear that scientific integrity was very important to the agency and that where there is evidence that improper conduct interfered with a decision, we were committed to going back and revisiting it.”Francesca Grifo, director of the scientific integrity program at the Union of Concerned Scientists, a nonprofit advocacy group, portrayed Ms. MacDonald’s case as a symbol of a broader pattern of manipulation of science under the Bush administration.“Over and over again, in agency after agency,” Ms. Grifo said, “we’ve seen where special interests bump up against scientific determinations, the science is set aside.” The wildlife service report is likely to function as a road map for the Obama administration as it reviews the Bush administration’s decisions on whether to add species to the endangered list or to protect habitat. In some cases, however, the decision has already been changed by a judge or the agency itself. In others, agency scientists prevailed despite efforts at interference, the report said.The report also recommended new rules to limit the discretion wildlife service officials have on endangered species. Under current law, such officials have wide latitude over their decisions. The report said administrations of both parties had exploited that vacuum to maximize their own power to impose their policy preferences.Under that “enormous policy void,” Mr. Devaney wrote, officials are free to make decisions with “a wholesale lack of consistency, a process built on guess-work, and decisions that could not pass legal muster.” As a result, he said, much of what the agency does ends up in court, requiring expensive litigation and effectively creating a system in which lawsuits drive the regulatory process. Action to Save Type of FishFRESNO, Calif. (AP) — The Bush administration told state and federal officials on Monday to reduce the amount of water sent to irrigate crops and fill city taps in order to save a California native fish from extinction. The wildlife service’s new plan to protect the delta smelt — a tiny, silvery fish listed as a federally threatened species — recommends long-term cuts to water pumped through the Sacramento-San Joaquin Delta. It calls at most for a 33-percent reduction in state and federal water supplies for farms, industry and urban areas, said Lester Snow, director of the State Department of Water Resources. Daily KosAre the Feds closing in on Richard Pombo?...babaloohttp://www.dailykos.com/story/2008/12/16/22546/539/714/673567Probably not too many people noticed this item in yesterday’s Boston Herald:The former head of the Mashpee Wampanoag Tribe was charged today with making illegal campaign contributions to members of Congress, embezzling funds from his tribe, filing false tax returns and fraudulently receiving Social Security disability benefits all in connection to efforts to win official U.S. recognition of tribal status.Glenn Marshall, the former tribal chairman of the Mashpee Wampanoag, has been under scrutiny for several years now. So what’s it all about? Well, settle in for a long winter night's tale...babaloo's diary :: :: Members of Cape Cod’s Mashpee Wampanoag Tribe are believed to be the descendants of the Indians who greeted the Pilgrims at the first Thanksgiving. Things pretty much went downhill for them from that point onward. By the end of the 20th century, the tribe consisted of approximately 1200 members and had been waiting for 25 years to receive federal recognition. That’s when the tribe elected a new chairman, Glenn Marshall, who formed a partnership with Herb Strather, a former Detroit casino operator who offered to "help" the Mashpee move their application forward in exchange for a cut of any future casino operations.After using the services of another lobbyist who did not produce the desired results, Strather introduced Marshall to Jack Abramoff, and the tribe contracted with Jack in late 2003. It didn’t take much to convince Marshall, after 25 years of patient waiting, all to no avail, that perhaps the road to success was greased with political favors. Of course, it didn’t hurt that Strather set Marshall up with what amounted to his own personal slush fund financed through a Strather LLC called AtMashpee.(As a side note here, it’s probably useful to understand that Strather had a bribery conviction in the ‘70s in Michigan, which made it difficult for him to hold any sort of ownership interest in a casino. As a result, he operated more as a developer than manager/owner in the casino world. Once the Mashpee were finally recognized, Strather brought in another casino operator, Sol Kerzner. Throughout his relationship with the Mashpee, though, Strather referred to his involvement as "philanthropy.")To accommodate his new business relationship with Strather and Abramoff, Marshall reactivated an old, defunct tribal account known as the Mashpee Fisherman’s Association, making himself the signatory on the account. From 2003 through 2007, AtMashpee deposited over $4 million into the Fisherman’s Association account. Lobbyists, consultants and lawyers were paid from that account, of course, but so were members of Congress.Meanwhile, in early 2003, then Congressman Richard Pombo had just ascended to the chairmanship of the House Resources Committee, which oversees the Bureau of Indian Affairs. Suddenly, donations to his political action committee, the aptly named Rich PAC, skyrocketed.  :::::::The Mashpee Wampanoag application for federal recognition which had languished from 1975 through 2003 was suddenly on the fast track. With the assistance of Richard Pombo, the request gained "active consideration" status in 2005; preliminary approval came in 2006, final approval in early 2007. It's truly amazing how fast the gears of government can turn when a powerful House chairman is on board with your cause.Later, in 2005, when the FBI announced that it was investigating the tribe's finances, the LA Times took note of Mashpee contributions to Pombo:In all, at least $20,000 in Mashpee money flowed into Pombo’s coffers soon after a September 2003 meeting the congressman had with [Interior Secretary Gale] Norton and R. Lee Fleming, who oversees the Native American recognition program.The two-week run of donations accounted for about 5% of Rich PAC’s roughly $400,000 in revenue for the 2003-04 election cycle, according to two databases of political contributions. [...]This spring [2005], Marshall and other tribal members made more payments, including at least $20,000 to two political committees controlled by Pombo. What raised eyebrows about the Mashpee donations, though, were the financial circumstances of the donors.But who actually provided the funds? Was Alycia Marshall a student at the time she wrote a check for $2,000 after-tax dollars? On their salaries of just more than $41,000, did both Marshall and Shawn Hendricks have so much extra cash? What about Marshall's stepdaughter [a hairdresser] and Desire Moreno [a social worker]? :::::::Well, now we know the answer to that question and many more. In the information filed today (pdf), federal prosecutors laid out the charges:42.   In or about 2003, MARSHALL became aware that federal law prohibited corporations, including the Tribal Council, from making contributions to federal campaigns.43.    In order to disguise the source of the contributions, MARSHALL solicited various individuals to act as straw contributors, including members of his family and officers of the Tribal Council. In each instance, MARSHALL asked the straw contributor to write a check to a candidate’s reelection committee, insisting that the contribution was necessary to further the Tribe’s recognition effort and promising the straw contributor that the Tribal Council would reimburse him or her for the contribution. MARSHALL himself also made such straw contributions.44.      From in or about 2003 to 2007, MARSHALL caused the Tribal Council through payments from the Fisherman’s Association account, to reimburse straw contributors a total of $49,950.00 in federal campaign contributions, and another $10,550.00 in straw contributions to elected state officials. MARSHALL paid all of the reimbursements by check or cash drawn from the Tribal Council funds in the Fisherman’s Association account.45.    On or about the dates set forth below, in the District of Massachusetts, the defendant, GLENN A. MARSHALL, being an officer of a corporation, namely the Mashpee Wampanoag Tribal Council, Inc., did knowingly and willfully consent to contributions and expenditures by that corporation in connection with an election in which Members of Congress were to be voted for, in an amount greater than $25,000 in calendar year 2005, to wit: by causing contributions to be made to the campaign committees of Members of Congress and a federal political action committee based on promises that the straw contributors would be reimbursed with Tribal Council funds and in fact reimbursing such straw contributors, for the following contributions:DateRecipientAmount of ContributionMarch 7, 2005Political Action Committee A$8,000April 19, 2005Campaign Committee of Member of Congress A$4,000April 21, 2005Campaign Committee of Member of Congress B$12,000September 28, 2005Campaign Committee of Member of Congress A$800October 14, 2005Campaign Committee of Member of Congress A$900October 17, 2005Campaign Committee of Member of Congress C$6,000All in violation of Title 2, United States Code, Sections 441b and 437g(d)(1)(A)(I), and Title 18, United States Code, Section 2. Now, it’s worth noting that Richard Pombo’s Rich PAC received $8,000 from the Mashpee Wampanoag on March 7, 2005, and Pombo’s Congressional campaign committee received $12,000 from the Mashpee Wampanoag on April 21, 2005. Clearly Richard Pombo is Member of Congress B and his Rich PAC is Political Action Committee A.So, you’re probably saying to yourself, that’s all fine and good, but these are just allegations. Well, not so fast, my dears.The second piece of overlooked news yesterday was that Glenn Marshall entered a guilty plea. In the plea agreement (pdf), the following terms are set forth for Marshall’s cooperation:9. Cooperationa.       Terms of CooperationDefendant agrees to cooperate fully with law enforcement agents and government attorneys. He must provide complete and truthful information to all law enforcement personnel. If his testimony is requested, he must testify truthfully and completely before any grand jury, and at any hearing and trial. Defendant must answer all questions put to him by any law enforcement agents or government attorneys and must not withhold any information. He must not attempt to protect any person or entity through false information or omission, or to implicate falsely any person or entity. Upon request, he must furnish all documents, objects and other evidence in his possession, custody or control that are relevant to the government’s inquiries. [...]d. Letter Immunity In return for Defendant’s full and truthful cooperation, the U.S. Attorney agrees not to use any information provided by Defendant pursuant to this Agreement or pursuant to the proffer letter dated October 13, 2007 (or any information directly or indirectly derived therefrom) against Defendant in any criminal case... Did you catch that mention of the proffer letter in the immunity agreement? This deal has been in the works for over a year. Clearly, the pieces are starting to fall into place. First Abramoff, then Kevin Ring, now Marshall. Who’s next?Boston HeraldEx-Mashpee Wampanoag chairman charged, tied to Abramoff...Jay Fitzgeraldhttp://news.bostonherald.com/business/general/view.bg?articleid=1139171The former head of the Mashpee Wampanoag Tribe was charged today with making illegal campaign contributions to members of Congress, embezzling funds from his tribe, filing false tax returns and fraudulently receiving Social Security disability benefits all in connection to efforts to win official U.S. recognition of tribal status.Glenn A. Marshall, 59, who recently pushed for a controversial casino-gambling deal for the tribe in Middleborough, was accused by the U.S. Attorney’s office with violating campaign laws, as well as engaging in alleged tax, wire and Social Security frauds.Marshall has agreed to plead guilty to charges filed by federal officials and could be facing prison and fines, according to court filings and authorities. Marshall’s plea has yet to be officially entered in court.U.S. Attorney Michael J. Sullivans office is alleging that Marshall, as chairman of the Mashpee Wampanoags, worked with controversial lobbyist Jack A. Abramoff, who allegedly advised Marshall and his tribe to “make significant political contributions to certain Members of Congress” in order to build support for tribal recognition thats required before any casinos can be built on tribe-owned land.The U.S. Attorney’s office charged that Marshall knew that it was against the law for corporations, including his tribe, to make campaign contributions to federal campaigns. So in order to disguise donations, Marshall allegedly “solicited various individuals to act as straw contributors, including members of his family and officers of the Tribal Council,” Sullivan’s office said in a release.Marshall himself allegedly made such straw contributions, the U.S. Attorney’s office said.Much of the money for donations, lobbying, legal and other expenses were apparently underwritten by a Michigan-based investment company called AtMashpee LLC - which provided the Tribe millions of dollars for its operations in exchange for an equity stake in any casino the Tribe might ultimately build.The firm ultimately referred Marshall to Abramoff, federal authorities charge.Boston GlobeFormer tribal leader faces chargesEmbezzlement, illegal contributions alleged...Sean P. Murphy and Andrea Esteshttp://www.boston.com/news/local/massachusetts/articles/2008/12/16/former_tribal_leader_faces_charges?mode=PFFederal authorities charged former Mashpee Wampanoag tribal chairman Glenn A. Marshall yesterday with steering tens of thousands of dollars in illegal campaign contributions to state and federal politicians, and embezzling $380,000 in tribal money that he spent on groceries, trips, and jewelry.Officials said in court documents that Marshall - who successfully led the fight for federal recognition of the tribe only to resign amid controversy last year - has agreed to plead guilty to the charges. He is expected to cooperate in an ongoing investigation that stretches from Washington to the tiny tribe's headquarters on Cape Cod, authorities said.The charges deepen the sense of turmoil that has swirled around the tribe as it wages a political fight for a casino. Although they have won federal recognition, the Mashpee Wampanoag are still trying to get land in Middleborough placed in a federal trust so they can build their $1 billion resort.Officials in Middleborough worried last night that Marshall's plea agreement might impact the deal they hammered out with the tribe to build a casino on 500 acres off Precinct Street.Selectmen chairman Adam Bond, who is an attorney, said Marshall's illicit activity could represent a breach of the contract.Board members planned to call an emergency meeting this week to discuss the situation with Dennis Whittlesey, the Washington attorney who helped negotiate the multimillion-dollar host agreement."This is a significant development," Bond said. "Whether it will ultimately be significant, I don't know."The charges outlined in court documents portray Marshall as converting a fund intended to promote the tribe's traditional fishing rights into a political and personal slush fund. Called the Fisherman's Association account, the fund was stocked by outside investors in the tribe's casino plans with $4 million between 2003 and last year.In addition to paying a host of consultants, lawyers, and lobbyists working on the casino plan with the money, Marshall is accused of tapping the fund to steer $60,000 in illegal campaign contributions to members of Congress and state lawmakers. He used a series of family members and tribal officials to act as straw contributors to get around restrictions that prohibit corporations or tribes from making campaign contributions, according to documents filed yesterday in US District Court in Boston.The purpose of the illegal political donations was to "to curry favor" and win backing for the tribe's quest for federal recognition, authorities alleged.Marshall also spent lavishly from the fund on himself, according to investigators, blowing through hundreds of thousand of dollars from the Fisherman's Association account for "groceries, vacation trips, tuition for his daughter, restaurant tabs, home repairs, home mortgage payments, and jewelry."Marshall's lawyer, Robert Craven, acknowledged the truth of the government's case in an interview, confirming that Marshall plans to plead guilty."Glenn didn't dream up the scheme himself," Craven said. "He was getting bad advice."The 59-year-old Marshall, a tall man with a ready grin and a distinctive gray ponytail, became a well-known figure on Beacon Hill and in news broadcasts advocating for his tribe. Marshall, who began as tribal chairman in 2000, resigned in August 2007 after acknowledging a 1981 rape conviction and lying about his military record. Now, following his expected guilty plea, he faces up to 41 months in prison, his lawyer said."He made a life decision to get this done and to protect his family and go on," Craven said.A spokeswoman for the tribe, Gayle Andrews, declined to be interviewed. She released a statement saying that while the tribal government was saddened by the news, it "will continue to work on behalf of its 1,600 members for benefits, including health, education, and other remunerations granted federally recognized tribes."The charges against Marshall were brought by US Attorney Michael J. Sullivan after an investigation that included the FBI and the Internal Revenue Service. Besides campaign finance violations and wire fraud, Marshall also agreed to plead guilty to filing false tax returns and fraudulently receiving $10,000 a year in Social Security disability benefits, according to the documents. No date has been set for Marshall to enter his guilty plea. Christina DiIorio-Sterling, a spokeswoman for Sullivan, declined comment.Governor Deval Patrick, who has so far rebuffed a request from the tribe to negotiate a casino proposal with the state but has expressed interest in an Indian casino, said the state would continue its relationship with the Wampanoag."We've got a very, I think, positive and transparent relationship with the tribe," he said. "We've been very candid with them, and they with us, about what the constraints are, from our perspective, in what their objectives are. And we're going to continue to work with them whomever the leadership is."The criminal information filed in court yesterday describes a key political adviser to Marshall as "Political Consultant A," who was paid $20,000 a month to "oversee the tribe's lobbying and public relations activities." Political Consultant A "recommended on numerous occasions to Marshall which state and federal legislators should receive campaign contributions," the document says.While the political consultant is not named, the documents indicate he was hired by the tribe in 2002. Lobbying records filed with Congress show that Stephen J. Graham of Boston was the only lobbyist newly hired in 2002. Graham did not return a phone call yesterday. Graham, 55, a Dorchester native, worked for many years as an advance man for Hillary Clinton.It was the political consultant who arranged for Marshall to meet and eventually hire lobbyist Jack A. Abramoff, at $12,000 a month. Abramoff, who was later accused of charging various tribes exorbitant fees, admitted to conspiracy, influence-peddling, and other charges in January and is serving a four-year prison sentence.At a meeting in 2003, Abramoff told Marshall and the political consultant "that in order to advance its recognition effort, the tribe needed to make significant political contributions to certain members of Congress," according to the document outlining the case against Marshall.Marshall became tribal chairman in 2000, shortly after Herbert Strather, a Detroit-based businessman who helped develop a casino there, become involved with the Mashpee Wampanoag.Strather and other Michigan investors formed a close bond with Marshall, at first agreeing to fund the tribal council's expenses at $10,000 a month and later upping it to $100,000 a month. In addition, the investors agreed to pay the cost of lobbyists, lawyers, and others involved in the recognition bid.When Marshall's leadership was challenged in 2005, Strather wrote to tribal members urging his reelection. Strather, however, sold his interest last year, when Marshall struck a deal with the developers of Connecticut's Mohegan Sun resort, Sol Kerzner and Len Wolman. That deal would give the investors 6.5 percent of the gross revenue of a casino, hotel, and convention business, according to the court documents. Currently, Mohegan Sun is grossing about $1.3 billion annually.The contributions Marshall orchestrated included payments to the campaigns of Senator Edward M. Kennedy, Congressman William Delahunt, and then-Congressman Richard Pombo of California, who played a key role in Congress on Indian affairs, as well as to a political action committee controlled by Pombo.Kennedy's office said yesterday that it had already donated $2,900 from Marshall to the Massachusetts Center for Native American Awareness.Delahunt, in a statement, said he would review the findings and would donate questionable contributions to charity. Pombo, a Republican who lost his reelection bid in 2006, did not return a telephone call.On the state level, among those who received campaign contributions were former attorney general Thomas Reilly ($1,500), Senate President Therese Murray ($1,500), House Ways and Means Committee chairman Robert Deleo ($1,000), House majority leader John Rogers ($900), and Lieutenant Governor Tim Murray ($250).Anti Corruption RepublicanChief Glen Marshall: Guilty...ACR...12-15-08http://anticorruptionrepublican.blogspot.com/2008/12/chief-glenn-marshall-guilty.htmlJames Kinsella at Cape Cod Today tells us of an extremely significant development in the Abramoff scandal:Glenn A. Marshall, the former chairman of the Mashpee Wampanoag Tribe, has pleaded guilty to violations of campaign finance law, along with tax, wire fraud and Social Security fraud in connection with efforts to gain federal recognition for the tribe.Marshall signed the plea agreement Thursday. Charges were filed against him today in U.S. District Court in Boston.Mr. Kinsella is my kind of guy because he proceeds to give us primary documents. I'm still digesting the main one, the "Information". An "Information" reads like an indictment to me.As is common with these kinds of documents we get from the Justice Department, the most interesting figures earn cutesy names. Let's look at a few from the Marshall "Information":==24. In or about 1999, Investor A met with the then-chairman of the Tribal Council. As a result of this meeting, Investor A agreed to support the Tribe's recognition effort by providing the Tribal Council $10,000 per month, with an understanding that the parties would enter into a formal agreement at some point thereafter.I'm of the opinion that "Investor A" is Herbert Strather. Mr. Strather admits giving the Mashpee $15 million since 1999. In early January, I was picking up hints that federal prosecutors were interested in Mr. Strather's link to the Mashpee Wampanoag and the connection to Kevin Ring. (Recall that the Mashpee Wampanoag, Rep. John Doolittle [R-Calif.], and former Interior Secretary Gale Norton were mentioned in Mr. Ring's indictment.)==23. In or about 1999, Investor B, who had done work for the Tribe and was aware of its recognition petition, contacted Investor A to see whether Investor A would be interested in providing financial support to the Tribe's recognition effort in exchange for a financial stake in any casino that the Tribe, once it obtained recognition, might build.I'm still digesting all of this, and the identity of Investor B is a little more elusive to me. I'll throw out a couple of plausible guesses: Marian Ilitch or Michael Malik. Both Mr. Ilitch and Mr. Malik are Michigan-based casino investors who work with Indian tribes just like Mr. Strather. Admittedly, the tea leaves are small there.UpdateDecember 16, 2008The Boston Globe suggests that Investors A and B are likely Mr. Strather and "other Michigan investors".==Update #2December 16, 2008An emailer suggests that we consider Sol Kerzner as Investor B. Who knows?==32. In or about late-2001, in an attempt to bolster the Tribe's lobbying efforts, MARSHALL hired Political Consultant A to oversee the Tribe's lobbying and public relations activities. Political Consultant A worked directly with the Washington, D.C.-based lobbyists paid for by AtMashpee.I don't have a clue who Political Consultant A is. It appears to me by the construction of the above paragraph that Political Consultant A is not based in Washington, DC since we are told that he worked directly with Washington DC-based lobbyists. So my guess is that Political Consultant A is Massachusetts-based.UpdateDecember 16, 2008The Boston Globe indicates that Political Consultant A is Stephen J. Graham of Boston.==Chief Marshall is accused of circumventing federal campaign finance laws in paragraph 45. We are given several specific instances:Date: March 7, 2005Recipient: Political Action Committee AAmount: $8,000Political Action Committee A is Rich PAC, the leadership PAC of former Rep. Richard Pombo (R-Calif.) Notice on March 7, 2005, Rich PAC received three donations summing up to $8,000 from Mashpee residents Shawn Hendricks, Glenn Marshall and Desire Moreno (.pdf). Remember those names, we'll look at the political donations of Mr. Hendricks and Ms. Moreno a little bit closer in a minute.==Date: April 19, 2005Recipient: Campaign Committee of Member of Congress AAmount: $4,000Date: April 21, 2005Recipient: Campaign Committee of Member of Congress BAmount: $12,000Date: October 17, 2005Recipient of Campaign Committee of Member of Congress CAmount: $6,000Looking at Ms. Moreno's political contributions (.pdf), we can determine that:Member of Congress A is Sen. Ted Kennedy (D-Mass.)Member of Congress B is former Rep. Richard Pombo (R-Calif.)A quick look at Mr. Hendrick's political contributions yields the name of Member of Congress C:Member of Congress C is Rep. Bill Delahunt (D-Mass.)==A couple of observations here. I believe that the Justice Department is giving us a bit of a head fake with Members of Congress A-C. I do not believe that they are all under investigation. In fact, a good case could be made that none of them are in legal jeopardy.That said, I also believe that the Justice Department has tipped its had a bit in the Marshall "Information". One of my observations makes me a little disappointed in the Justice Department. The other one indicates to me that there is quite a bit of justice to come!Alas, it is my bedtime. With Christmas coming up, I don't know when I'll get to my observations. Keep checking in, though. The roadmap is getting clearer.==The bottom line is that Kevin Ring and Rep. John Doolittle (R-Calif.) should be the most nervous about Chief Marshall's guilty pleaCNN MoneyBankruptcy filings rise 30% this yearThe government fielded more than 1 million bankruptcy cases in its 2008 fiscal year, but filings remain below 2006 levels...Ben Rooneyhttp://money.cnn.com/2008/12/15/news/economy/bankruptcy_3Q/index.htm?postversion=2008121517NEW YORK (CNNMoney.com) -- Bankruptcy filings rose 30% during the government's 2008 fiscal year, which ended Sept. 30, according to figures released Monday by the Administrative Office of the U.S. Courts.Total bankruptcy filings increased by 241,724 cases, or 30%, to 1.04 million in the 12 months between Oct. 1, 2007, and Sept. 30, 2008. For the three months ended Sept. 30, total bankruptcies rose nearly 34% to 292,291, up from 218,909 in the same period last year. Fiscal fourth-quarter filings were up 60% from 182,973 in the previous quarter. Non-business filings totaled just over 1 million for the year, up 30% from the 775,344 non-business filings in fiscal 2007. Business filings rose 49% to 38,651, up from 25,925 business filings in the previous 12-month period."The dramatic spike in both personal and business bankruptcies reflects an economy in distress," Samuel Gerdano, executive director of the American Bankruptcy Institution, said in a written statement. Still, the 1.04 million filings for the 12 months ended in September are fewer than the 1.12 million filings the government fielded two years ago, for the 12 months ended in September 2006.Bankruptcy filings surged in 2006 as businesses and individuals raced to file before the implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Total filings dropped nearly 28% in fiscal 2007 as the 2005 act, which made it harder for individuals to receive Chapter 7 bankruptcy protection, went into effect. But this year's tough financial environment ratcheted filings back up: Chapter 7 filings rose 40% to 679,982 in the 12 months that ended Sept. 30.Chapter 7 bankruptcy is designed to give individual debtors a "fresh start" by discharging many of their debts. Under Chapter 7, a filer's assets - minus those exempted by his or her home state - are liquidated and given to the creditors who are first in line for repayment. Any debts that remain are cancelled.Another type of individual bankruptcy, Chapter 13, requires debtors to pay back their debts over time. Chapter 13 filings rose 14% this year to 353,828, up from 310,802 a year earlier.Filings for Chapter 11 bankruptcy, which is aimed at assisting struggling corporations or partnerships, rose 40% to 8,799 from 5,888.Goldman Sachs posts $2.1 billion lossVenerated Wall Street firm slips into the red for the first time since going public in 1999; loss bigger than expected...David Ellis http://money.cnn.com/2008/12/16/news/companies/goldman_sachs/index.htm?postversion=2008121612NEW YORK (CNNMoney.com) -- Goldman Sachs suffered its first loss as a publicly traded company Tuesday, serving as yet another reminder that no corner of Wall Street has escaped the ongoing financial crisis. Still, the stock soared on the news as investors, fearing the worst, were soothed by the fact that the loss wasn't even bigger.The once-revered investment bank said it lost $2.1 billion, or $4.97 a share during the fourth quarter, representing the company's first loss since it went public in 1999. A year ago, Goldman reported a profit of $3.2 billion, or $7.49 a share.Few analysts were expecting the company to maintain its impressive run given the recent market turmoil in the credit and stock markets and the upheaval in the nation's financial services sector.The results were worse than expected. Consensus estimates were for a loss of $1.63 billion, or $3.73 a share for the quarter, according to Thomson Reuters.Lloyd Blankfein, Goldman Sachs' chairman and CEO, blamed the company's performance on tough market conditions."Our results for the fourth quarter reflect extraordinarily difficult operating conditions, including a sharp decline in values across virtually every asset class," he said in a statement.Goldman Sachs (GS, Fortune 500) shares, which have lost 69% of their value so far this year, surged 10% in Tuesday afternoon trading. Investors had feared that the firm's results would exceed even the worst expectations."[The quarter] was below public expectations, but it wasn't as bad the most pessimistic views," said Mark Lane, equity research analyst at Chicago-based investment firm William Blair & Co. In fact, one analyst was projecting a loss of $6 per share, according to Thomson Reuters.Also providing some comfort to investors was the bounty of capital the company had on hand at the end of the quarter.The company's Tier 1 capital ratio, a key measure of a bank's ability to absorb losses was 15.6% at the end of the quarter, up from 11.6% in the previous quarter. A capital ratio above 8% is generally considered a good sign for financial institutions.Goldman Sachs raised nearly $21 billion in capital during the fourth quarter, selling $5.75 billion in common stock and an additional $5 billion in preferred shares to Warren Buffett's Berkshire Hathaway (BRKA, Fortune 500). The Treasury Department also injected $10 billion into the firm in October as part of the government's $700 billion bailout program.The company, known for paying its employees handsomely, also revealed Tuesday that expenses related to compensation and benefits were nearly cut in half during the quarter from a year ago. Blankfein and six other Goldman executives opted to forgo annual bonuses this year. And in late October, the company moved to cut 10% of its workforce, or about 3,260 jobs.Trouble spotsStill, all this cost cutting was not enough to completely insulate Goldman from the tumult in the markets. In addition, credit rating agency Moody's downgraded the firm's long-term debt ratings after Goldman reported its loss.One of the areas hit hardest in the latest quarter was the company's principal investment division business, which suffered a $3.6 billion loss during the quarter. A significant part of that loss originated in the company's special situations group, which is known for investing in everything from bankrupt nursing homes to golf courses in Japan. During the quarter, the company was required to mark the value of those assets at currently distressed prices.The company was also squeezed by its stake in Chinese banking giant Industrial and Commercial Bank of China, whose shares have lost a third of their value through November. Goldman Sachs lost $631 million during the quarter as a result of that investment.Even as the company slimmed down its balance sheet during the quarter, its exposure to real estate still weighed on results. The company said it suffered a $700 million loss due to commercial real estate loans.Its investment banking business didn't fare much better. Revenues across that division fell nearly 50% from a year ago due to a big drop in merger activity and stock and debt offerings.Viniar issued a cautious near-term outlook for the firm to both investors and reporters during separate conference calls held Tuesday morning. But he indicated it was unlikely the company would change its investment banking focus all that much."That is what our strategy is and we don't see why it should change," said Viniar.In late September, Goldman Sachs, and rival Morgan Stanley (MS') converted into bank holding companies, a move that allows them to increase their sources of funding and more directly borrow from the Federal Reserve.Morgan Stanley, which is expected to report a loss for the quarter on Wednesday, is said to be looking at potential regional bank acquisitions and has hired two retail banking veterans to help with those efforts. Viniar said that the company is looking to increase its deposit base by $50 billion to $100 billion over the next year through a number of possible avenues, including its wealth management business and brokered certificates of deposit (CDs). He didn't rule out launching an Internet banking operation or acquiring deposits through an acquisition either.Still, there has been a reluctance by the company to transform into a one-stop bank outfit such as Citigroup (C, Fortune 500) or JPMorgan Chase (JPM, Fortune 500), which offer both retail and investment banking services.Madoff mess: Another black eye for banksAlthough Citigroup and other big U.S. banks haven't been hit in the Madoff scandal so far, this is another example of the sorry state of the financial industry...Colin Barr, senior writerhttp://money.cnn.com/2008/12/16/news/companies/banks.madoff.fortune/index.htm?postversion=2008121610NEW YORK (Fortune) -- The losses in the Madoff mess are still being tallied. But even if U.S. financial firms avoid a big hit, this episode won't exactly bolster their tattered reputation. Bernard L. Madoff Investment Securities collapsed Thursday, when Madoff, the founder of the big broker-dealer, was arrested on a charge that he ripped investors off to the tune of $50 billion in a long-running pyramid scheme. The failure of Madoff's firm may have cost thousands of investors their life savings.So far, none of the big losers have come from the ranks of major U.S. commercial and investment banks. Bank of America (BAC, Fortune 500) and Citigroup (C, Fortune 500) declined to comment on their possible exposure to Madoff, and JPMorgan Chase (JPM, Fortune 500) didn't immediately respond to calls seeking comment. Goldman Sachs (GS, Fortune 500) did not disclose any exposure to Madoff when it reported its fiscal fourth-quarter $2.1 billion loss Tuesday. Investors will also be waiting to find out whether Morgan Stanley (MS, Fortune 500), which reports its results on Wednesday, will say anything about any investments related to Madoff.Shares of these and many other banks tumbled again Monday, with JPMorgan falling nearly 8% following a downgrade from Merrill Lynch. Analyst Guy Moszkowski cited depressed capital markets in cutting JPMorgan to "underperform," essentially a sell. It's clear that uncovering a massive fraud in the middle of the worst year for investors in decades hasn't helped sentiment. Merrill Lynch economist David Rosenberg noted "the hit to investor confidence from the Madoff affair" in his morning memo Monday.The biggest losses to this point have been borne by the fund-of-hedge-fund firms that steered wealthy investors' dollars to Madoff's firm, and some big overseas banks. HSBC (HBC), the big London-based bank, said Sunday it could lose "in the region of US$1 billion" from its financing of institutional clients who invested their funds with Madoff. Other foreign banks that face possible Madoff-related losses include BNP Paribas of France and the Royal Bank of Scotland. Those aren't the only institutions that will get a black eye in the collapse of the Madoff empire. Banco Santander, the Spanish bank that's the biggest financial institution in the euro zone, said it had invested $3 billion of client funds with Madoff through its Optimal Investment Services unit. But if these sums aren't enough to threaten institutions with balance sheets running into the trillions of dollars, they certainly do nothing to shake the growing suspicion that the finance industry has failed spectacularly in its duty to guide its customers away from problematic investments. "There has just been a lack of common sense," says Mark Sunshine, the president of middle-market lender First Capital in West Palm Beach, Fla. "No one has bothered to do the math." The 'smart' money burned more than onceAs audacious as the alleged Madoff scam was, Sunshine says it was no less breathtaking than another financial fleecing that was uncovered earlier this fall: the federal fraud case against Tom Petters, the Minneapolis entrepreneur who was arrested this month on charges he defrauded investors of as much as $3 billion over a more than decade-long span. While Madoff's secretiveness and his years of unusually steady gains now appear to have been surefire marks of investment returns that were too good to be true, Sunshine says the claim behind the alleged Petters scam was even harder to believe. An informant told federal authorities that Petters had, in one case, lured investors by promising outsize returns on name-brand electronics gear that the Petters group was buying for the purpose of selling to big-box retailers. This, Sunshine says, should have raised red flags among investors because carrying out such a plan "would have required a warehouse the size of New Jersey." "The whole thing was just beyond ludicrous," he says. Yet according to an indictment filed Dec. 1 in Minnesota federal district court, Petters managed to keep his scheme going for 13 years. Along the way, he picked up stakes in well-known companies such as Polaroid and direct marketer Fingerhut. Petters' companies filed for Chapter 11 bankruptcy protection in October. They have been sued by several investors including Ritchie Capital Management, which claims to have lost $220 million in the Petters case. The losses in the Madoff and Petters cases show that when the market tides roll out -- stock indexes worldwide have lost between 40% and 50% of their value this year -- even supposedly astute investors are suddenly exposed. And regulators' failure to probe the Madoff investment business, despite warnings filed with the Securities and Exchange Commission as much as a decade ago, will do nothing to increase investors' confidence in the fairness of markets. That's not likely to change until it's clear that Washington is ready to exert itself by vigorously enforcing current laws, let alone adopt new ones. "The SEC looks out to lunch on this one," Sunshine says. "Investors can make their own stupid mistakes -- they don't need help from regulators not doing their jobs."   water case. But some new characters have also slipped in, including the Zebra and Quagga mussel species. As usual the court's issues include the problem of polluted agriculture water return flows, inadequately treated sewage, unpredictable changes in water temperature/salinity, and long-term climate variability all complicated by local encroachment and urban development in the delta itself.