A quick correction for the recent MSNBC delta smelt story

This morning Aquafornia linked to an MSNBC story on delta smelt water restrictions.  The MSNBC story reports:

A court-ordered protection of the Delta smelt, an endangered sliver of a fish, has reduced the amount of water farmers may use to 30 percent of their contracted amount. This means an estimated half million acres could be unplanted next season – the equivalent size of Rhode Island.

It is incorrect to state that the protections are “court-ordered.” The protections were ordered by the United States Fish and Wildlife Service, a federal agency purportedly acting under the Endangered Species Act, which in turn a law passed by the United States Congress. For more background on this subject, check out my 2010 post, “Who is to blame for the delta smelt saga?“