Judge Denies Feds’ Request To Put Salmon BiOp Case On Hold Due To Shutdown, Plaintiffs Seek Changes To Dam Operations To Aid Fish

In a wild two weeks in the U.S. District Court in Portland, federal government attorneys asked the court on Oct. 2 to put a hold on renewed litigation that challenges federal environmental impact statements and biological opinions regarding the impact of operations of Columbia and Snake river federal dams on imperiled salmon and steelhead. The hold in litigation, they said, is due to the government shutdown.

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Judge Sets Schedule For Continuing Litigation Over Columbia River Basin Salmon Recovery; Motions, Briefs Oct. 8 To Jan. 22, 2026

After lifting the stay Sept. 11 on long-running litigation that challenges federal environmental impact statements and biological opinions regarding the impact of operations of Columbia and Snake river federal dams on imperiled salmon and steelhead, a federal judge last week set a court schedule that continues the legal battles.

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Lawsuit Filed In Effort To Stop Musk’s DOGE From Taking Further Actions Against Multiple Environmental Agencies

The Center for Biological Diversity has sued five cabinet-level agencies seeking to stop the so-called Department of Government Efficiency and its DOGE teams from taking further actions against multiple environmental agencies until each team fully complies with the Federal Advisory Committee Act.

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Conservation Groups File Lawsuit Calling For NOAA Fisheries To Speed Up ESA Listing Of Olympic Peninsula Summer, Winter Steelhead

Western Washington’s Olympic Peninsula summer and winter steelhead were found by NOAA Fisheries in November 2024 to be at moderate risk of extinction, but the federal agency has yet to list the fish as threatened or endangered under the federal Endangered Species Act, according to a new complaint filed Jan. 17 in federal court by The Conservation Angler and the Wild Fish Conservancy.

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Court Halts Million-Acre Oil Lease Sale In Alaska’s Cook Inlet Due To Possible Impacts To Beluga Whales, Orders Further Environmental Review

Environmental groups celebrated a legal victory last week when a federal district court judge overturned an offshore oil and gas lease sale in Alaska’s Cook Inlet, saying the federal government violated the law when holding the sale.

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Lawsuit Says Lower Columbia River Hatcheries Violating ESA By Releasing Too Many Fish, Threatening Listed Wild Salmon, Steelhead

Two conservation groups followed up on their threat to sue in federal court against federal, state and local governments, saying that lower Columbia River hatcheries downstream of Bonneville Dam are a threat to wild salmon and steelhead listed under the federal Endangered Species Act.

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Other Industry, Power Groups Join Public Power Council In Challenging In Ninth Circuit BPA’s Signing Of Salmon Recovery MOU

The Public Power Council has announced the Alliance of Western Energy Consumers will file a petition for review and join PPC’s Ninth Circuit Court of Appeals challenges of the Bonneville Power Administration’s decision to enter into a U.S. Government agreement and Memorandum of Understanding on Columbia River salmon recovery that commits BPA to various obligations.

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Biden Administration, States, Tribes Formally Sign Billion-Dollar Columbia Basin Restoration Initiative To Recover Salmon, Steelhead

The Biden administration, along with the governors of Oregon and Washington and leaders of four lower Columbia River tribes – the six sovereigns – formally signed an agreement last week that commits the federal government to as much as $1 billion to build infrastructure for eventual removal of four lower Snake River dams and to recover salmon and steelhead in the Columbia River basin.

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Federal Judge Approves Years-Long Pause On Basin Salmon Recovery Litigation So Parties Can Pursue Tribal-States-Feds Restoration Plan

Oregon U.S. District Court Judge Michael Simon Thursday approved a long-term pause in Columbia/Snake River salmon recovery litigation so a tribal-state plan and U.S. government commitments to restore salmon and steelhead in the Columbia River Basin will continue as plann

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Public Power Council Seeks Ninth Circuit Review Of BPA’s Actions Regarding Salmon Recovery MOU

The Public Power Council this week filed a Petition for Review in the Ninth Circuit Court of Appeals regarding a recently announced U.S. Government agreement that PPC and its members believe inappropriately binds the Bonneville Power Administration to significant actions and commitments that are outside BPA’s congressionally-authorized mission and related obligations.

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Hatcheries: Groups To Sue Over Lower Columbia Hatcheries’ Impacts On Wild Salmon; NOAA Seeks Comments On Expanding Hatcheries To Help Orcas

Two Northwest conservation groups have alleged that lower Columbia River hatcheries harm wild salmon and steelhead, sending a 60-day notice of intent to sue federal, state and county agencies that oversee and operate Mitchell Act and SAFE hatcheries.

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Salmon Recovery MOU A Secret, Radical Deal? Republicans Say Yes, Administration Officials Say Brings Stability, Helps Fish, Contains Costs

Senior members of the Biden administration and Republican members of Congress painted vastly divergent pictures Tuesday of the agreement that could pause litigation over Snake River dams and salmon for the next decade.

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Petition Filed To ESA-List Near Extinct Columbia River Gorge Wonder Caddisfly; Only Survives In 100-Yard Stretch Of Stream

The Center for Biological Diversity filed a legal petition this week with the U.S. Fish and Wildlife Service to protect the wonder caddisfly under the Endangered Species Act.

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New Filing Takes Issue With Requests For District Court To Reject Proposed 5-Year Delay Of Columbia River Basin Salmon Litigation

Federal agencies, states and tribes say a five-year or more pause in U.S. District Court litigation over Columbia River basin salmon recovery will harm none of the parties that objected to the “stay” in December. Instead, they say in a Jan. 12 filing, a stay will allow the region to focus on “important partnership efforts … to benefit the fish, wildlife, diverse habitat, and Native American communities in the Northwest.”

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If Columbia River Basin Salmon MOU Approved By Court, What Will Be The Role Of Northwest Power/Conservation Council? Hard To Say

Commitments to restore Columbia River basin salmon and steelhead populations made by the federal government and “six sovereigns” will intersect or overlap with the Northwest Power and Conservation Council’s responsibilities under the Northwest Power Act, according to a presentation at last week’s Council meeting.

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Group Petitions NOAA Fisheries To List Alaska Chinook Salmon Under ESA; State Says ‘Targeted Attack’ On Alaska

The Wild Fish Conservancy has petitioned NOAA Fisheries to list Alaska king salmon under the Endangered Species Act, saying the fish are in “severe decline and poor condition.”

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Idaho, Montana, Utilities, Ports File Opposition To Proposed Salmon Recovery MOU, Stay Mediated By Biden Administration

Idaho and Montana – along with the region’s public power utilities and inland ports in Idaho, among others, are opposed to the Biden Administration’s Memorandum of Understanding on Columbia Basin salmon recovery and have filed their displeasure in federal court, saying they were entirely left out of making the deal.

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Biden Administration, Two States, Treaty Tribes Reach MOU On Columbia River Basin Salmon Recovery, Litigation Paused For At Least Five Years

The Biden Administration, Columbia River treaty tribes and the states of Oregon and Washington agreed Thursday to work to restore wild salmon populations in the Columbia and Snake river basins and to delay ongoing litigation for five years, with an option for the delay to go as long as 10 years.

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Leaked Court Mediation Document Listing ‘Actions And Commitments’ For Basin Salmon Recovery Draws Objections, Questions

A draft agreement mediated by the Biden Administration outlining investments in Columbia River basin salmon and steelhead recovery that was to remain confidential until mid-December was leaked early this week by Washington and Oregon members of Congress.

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DOJ Proposes $33.2 Million Settlement To Compensate For Damages From Pollutants, Oil Discharges Into Willamette River, Portland Harbor

The U.S. Department of Justice this month announced a proposed settlement valued at approximately $33.2 million to compensate for natural resource injuries that resulted from hazardous substance releases and oil discharges into the Willamette River and Portland Harbor in Oregon.

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Republican U.S. House Members Request All CEQ Documents Related To Mediation, Settlement Discussions On Lower Snake Dams

U.S. Rep. Cliff Bentz, R-OR, who represents eastern, central and southern Oregon is requesting the White House Council on Environmental Quality release documents related to CEQ’s role in mediation and settlement discussions regarding the Lower Snake River Dams.

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Columbia/Snake Salmon Recovery Lawsuit On Hold Again As Parties Seek Buy-In On ‘Actions And Commitments’ Not Yet Made Public

Parties to the lawsuit challenging the federal government’s 2020 environmental impact statement and biological opinion for imperiled salmon and steelhead traversing Columbia/Snake River federal dams have developed a package of “actions and commitments” that they will present to regional partners to get buy-in over the next 45 days.

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Group Sues NMFS Over Orcas Being Killed In Bering Sea Trawl Nets, Wants Immediate Mitigation To Reduce Bycatch

The Center for Biological Diversity filed a formal notice this week of its intent to sue the National Marine Fisheries Service for what it says is a failure to protect marine mammals from being killed by the Bering Sea Aleutian Islands groundfish trawl fisheries.

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In Largest Wildlife Damage Claim In Oregon History, ODFW Lawsuit Alleges Water Control District’s Work Killed More Than 500,000 Pacific Lamprey

A claim for $27.6 million in damages was filed in a Douglas County Circuit Court in Oregon claiming that more than half a million juvenile Pacific lamprey died in August during repairs to Winchester Dam, located on Oregon’s North Umpqua River.

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Group Files Lawsuit Against USFWS Over Lack Of ESA Protection For American Bumblebees

The Center for Biological Diversity filed a formal notice this week of its intent to sue the U.S. Fish and Wildlife Service for failing to protect four imperiled bee species, including American bumblebees, under the Endangered Species Act. Southern Plains bumblebees, variable cuckoo bumblebees and blue calamintha bees are also included in today’s filing.

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Biden Administration Says BPA To Provide $200 Million Over 20 Years To Advance Salmon Reintroduction In Upper Columbia River Blocked Areas

The Biden administration this week announced that the Bonneville Power Administration will provide three Upper Columbia River Tribes $200 million over 20 years for ongoing efforts to reintroduce salmon above Grand Coulee and Chief Joseph dams, which have blocked fish migration since 1942. The Tribes have agreed to a twenty-year pause to existing litigation while these actions are pursued.

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Columbia Riverkeeper, Vancouver Port Reach Agreement To Reduce Water Pollution Into Columbia River; Port To Spend Over $25 Million

Columbia Riverkeeper and the Port of Vancouver USA this week reached an agreement settling a Clean Water Act lawsuit challenging years of alleged unlawful water pollution from the public port. In the settlement, the port committed to make significant changes to reduce the amount of water pollution that flows off the 1643-acre property and into the Columbia River.

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Judge Approves Third Extension Allowing Parties In Lawsuit Over Columbia River Basin Salmon Recovery To Keep Talking

Most parties in the litigation challenging NOAA Fisheries 2020 biological opinion of the Columbia/Snake river federal hydroelectric system asked an Oregon U.S. District Court last week to extend a stay that has been in effect since 2021. The 60-day pause would allow the litigants –fisheries advocates, states, tribes and federal agencies – to continue to hammer out a lasting agreement on how to operate a hydro system while recovering threatened and endangered salmon and steelhead.

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Tribes/Conservation Groups Challenge New Oregon Fish Passage Rules Allowing Trap And Haul

Tribes and fish advocacy groups say an end of year decision on fish passage rules by the Oregon Fish and Wildlife Commission weakens salmon, steelhead and lamprey protections in the state.

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NOAA Begins Court-Ordered Work On EIS Analyzing Increase Of Hatchery Salmon Production To Feed Imperiled Killer Whales

Responding to a recent District Court order, NOAA Fisheries has opened a review of its prey increase program specifically designed to provide more food for endangered Southern Resident killer whales in Puget Sound. NOAA is seeking written and verbal feedback from the public as it develops an Environmental Impact Statement for the program.

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West Coast Fishing Industry Groups Announce Intent To Sue Tire Manufacturers Over Chemical Impacting Salmon

The Institute for Fisheries Resources and the Pacific Coast Federation of Fishermen’s Associations has notified U.S. tire manufacturers of their intent to sue over the use of a chemical called 6PPD in rubber tires because of its devastating impacts on Endangered Species Act-protected salmon and steelhead.

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Conservation Groups Petition EPA To Update Toxic Pollutants List; Tribes Seek Ban On Tire Chemical Killing Salmon

Two conservation groups submitted a formal legal petition to the U.S. Environmental Protection Agency urging the federal agency to update its toxic pollutant list, something it hasn’t done for 47 years, the groups say. And three Northwest tribes have petitioned EPA to ban a chemical used in tires that is deadly to coho salmon.

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Citing Sockeye-Killing Warm Water, Groups To File Lawsuit Pushing For Breaching Of Lower Snake Dams

Four conservation groups notified the U.S. Army Corps of Engineers that they intend to sue the agency over the heat pollution created by the four lower Snake River dams. The groups allege the dams overheat the river’s water and those conditions are killing or injuring Snake River sockeye salmon listed as endangered under the federal Endangered Species Act.

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Ninth Circuit Rules For NOAA, Southeast Alaska Trollers Over Incidental Take; Fishing For Chinook Salmon Can Begin July 1

Southeast Alaska commercial trollers will begin fishing for Chinook salmon July 1 after a ruling by a three judge panel of the Ninth Circuit Court of Appeals that reversed an early May decision in a Washington federal district court. That previous decision shut down the summer and winter fishery.

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NW House Republicans Hold Field Hearing On Lower Snake Dams Titled ‘The Northwest At Risk’

Republican U.S. Rep. Cliff Bentz, chairman of the House Natural Resources Subcommittee on Water, Wildlife, and Fisheries, held a field hearing Monday in Richland, Washington titled “The Northwest at risk: the environmentalist’s effort to destroy navigation, transportation, and access to reliable power.”

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Group To Sue Oregon, California Transportation Agencies For Failing To Consider Fatal Impacts To Salmon From Tire Chemical

The Center for Biological Diversity filed a formal notice of its intent to sue the Oregon and California state transportation agencies for failing to consider fatal impacts to salmon from toxic tire pollution.

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Judge Rejects Challenges On Ruling Halting Southeast Alaska Salmon Troll Fishing; Parties’ Appeals Now Move To Ninth Circuit

All parties, both plaintiffs and defendants, along with the State of Alaska, have unsuccessfully challenged the results of a recent lower federal court decision that vacated a part of NOAA Fisheries’ 2019 biological opinion governing Southeast Alaska’s summer and winter commercial troll fishing for Chinook salmon. The litigation now moves to the Ninth Circuit Court of Appeals.

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Once Again, Federal ‘Listening Session’ On Columbia Basin Salmon Recovery Focuses On Breaching Lower Snake Dams

Representatives of Columbia and Snake river ports and grain shippers, as well as Oregon, Idaho and Washington public utilities, lined up to oppose breaching the four lower Snake River dams last week in the fourth and, perhaps, the last listening session sponsored by the White House Council on Environmental Quality.

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Citing Washington DOE’s Failure To Protect Fish, EPA Takes Over Setting Water Quality Standards For Toxic Pollutants

A federal government agency will set water quality standards for nine toxic pollutants in Washington, effectively taking over the job generally relegated to the state’s Department of Ecology, even though Ecology is in the rulemaking process to set the standards.

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Court Order Has Corps Drawing Down Two Willamette Reservoirs To Historically Low Levels To Increase Juvenile Salmon Passage

Beginning in June, the Portland District, U.S. Army Corps of Engineers will begin to gradually drawdown Lookout Point and Green Peter reservoirs to historically low levels.

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Federal Judge’s Rejection Of NOAA BiOp May Shut Down SE Alaska Commercial Troll Fishery For Chinook Salmon; Alaska Seeks Stay, Appeal

A federal court this week rejected a NOAA Fisheries’ biological opinion allowing the Southeast Alaska commercial troll fishery to harvest Chinook salmon, effectively shutting down that summer and winter fishery. The ruling will be challenged by the State of Alaska, including a request for a stay so the fishery can go ahead this summer.

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Yakama Nation Announces Intent To Sue Feds Over Lack Of Cleanup Action At Bradford Island (Bonneville Dam) Superfund Site

Last year, the U.S. Environmental Protection Agency announced that Bradford Island and surrounding waters of the Columbia River were officially added to the nation’s Superfund List. Bradford Island is part of the Bonneville Dam complex operated by the U.S. Army Corps of Engineers. This week the Yakima Nation announced an intent to sue over lack of cleanup action.

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Judge Rules NOAA Fisheries Failed To Protect Humpback Whales When Issued Take Permit For Sablefish Pot Fishery

A federal court this week ruled in favor of the Center for Biological Diversity in a lawsuit arguing that the National Marine Fisheries Service failed to protect endangered Pacific humpback whales from deadly entanglements in sablefish pot gear off California, Oregon and Washington.

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Science Panel Gives Thumbs-Up On Fish Response Models Corps Used To Develop Draft Willamette River Basin EIS

A panel of scientists put their stamp of approval on four fish response models the U.S. Army Corps of Engineers used when developing a draft environmental impact statement to assess the effects of operating its Willamette Valley System of 13 dams on threatened Chinook salmon and winter steelhead.

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Pending Court Decision Could Decide Fate Of SE Alaska Chinook Trolling Seasons, Increased Salmon For Endangered Killer Whales

Commercial fishers in Southeast Alaska waters may soon lose two trolling seasons for Chinook salmon in order to provide more fish for endangered Southern Resident killer whales in Puget Sound. As a result of the possible termination of that fishery, the whales could gain nearly 5 percent in available prey, according to a judge’s recent report in a Washington federal court.

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Conservationists To Sue Agencies Over Deschutes Habitat Conservation Plan, Say Won’t Protect ESA-Listed Oregon Spotted Frog

The Center for Biological Diversity filed a formal notice this week of its intent to sue two federal agencies for approving a habitat conservation plan in the upper Deschutes River that it says fails to ensure that Wickiup Dam water-release operations won’t drive the threatened Oregon spotted frog extinct.

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EPA Issues Pollution Permits For Four Lower Columbia River Dams: Includes Possible Testing Of Drawdowns To Reduce Water Temps For Salmon

One way to cool overheated summer and fall Columbia River waters might be to lower reservoir levels at the river’s dams. Drawdowns could reduce the size of the reservoirs so there is less water to heat under the summertime sun and it could reduce travel time for juvenile salmon and steelhead through the dams as the river would take on more of the characteristics of a free flowing stream.

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Monsanto Agrees To Nearly $700 Million Settlement With Oregon Over Decades Of PCB Contamination

Oregon Attorney General Ellen Rosenblum Thursday announced a historic $698 million dollar settlement with the Monsanto Company for its role in polluting Oregon with PCBs for the past 90 years. 

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Corps Releases Draft EIS For 13 Willamette Basin Dams Intended To Aid ESA-Listed Salmon, Steelhead; Drawdowns, Structural Changes, Less Power

Operations at thirteen federal dams in the Willamette River basin may soon be altered to aid threatened upper Willamette River spring Chinook, winter steelhead, and bull trout. The U.S. Army Corps of Engineers, which operates the dams, released a draft operations and maintenance programmatic environmental impact statement late last week for public review until January 19, 2023.

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Lawsuit Filed Demanding USFWS Develop A National Gray Wolf Recovery Plan

The Center for Biological Diversity has filed a lawsuit today challenging what it says is the “failure of the U.S. Fish and Wildlife Service to develop a national gray wolf recovery plan under the Endangered Species Act.”

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Groups File Lawsuit To Force USFWS To Give Montana’s Arctic Grayling ESA Protections; Listing Rejected In 2020

Conservationists filed a formal notice this week of their intent to sue the U.S. Fish and Wildlife Service for once again denying Montana’s Arctic grayling population Endangered Species Act protections. Arctic grayling is a freshwater fish in the same family (Salmonidae) as salmon, trout, and whitefish.

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USFWS Signs Agreement To Determine In 2024 If Cuckoo Bumblebee Deserves ESA Listing; Last Sighting 2017 In Oregon

In response to a lawsuit by the Center for Biological Diversity, the U.S. Fish and Wildlife Service agreed this week to a deadline of December 2024 to determine whether Suckley’s cuckoo bumblebees warrant protection under the Endangered Species Act.

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NOAA Fisheries Finalizes ‘Rebuilding’ Report To Inform Dialogue On Columbia River Basin Salmon Restoration

NOAA Fisheries has finalized a report that identifies actions that the agency says have the greatest likelihood of making progress toward rebuilding populations of salmon and steelhead in the Columbia River basin to “healthy and harvestable levels.” The agency had released a draft in July for limited comments.

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Corps Revokes Permit Over Lake Pend Oreille Marina, Housing Development Due To Impacts On Listed Bull Trout

In response to litigation from the Center for Biological Diversity and Idaho Conservation League, the U.S. Army Corps of Engineers plans to revoke its permit for a marina and lakeside housing development at the mouth of Trestle Creek on Lake Pend Oreille due to impacts on bull trout listed under the Endangered Species Act. The creek accounts for more than half of the annual bull trout spawning sites in the Pend Oreille Basin.

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Idaho Power, Snake River Waterkeeper Settle Over Brownlee Dam Operating Without Clean Water Permit; Mitigation Funds Go To Nez Perce Tribe

An Idaho U.S. District Judge Wednesday approved a consent decree between Snake River Waterkeeper and Idaho Power Company that will see more than $500,000 go to the Nez Perce Tribe for projects enhancing water quality in the Snake River basin.

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Water Quality For Fish: Oregon Says Warm Water ‘Top Source Of Pollution,’ EPA To Update Washington’s Toxin Criteria

The U.S. Environmental Protection Agency last week approved Oregon’s water quality report on temperature in the state’s waters. Also last week, a Washington federal court ordered the EPA to set in motion an update on that state’s water quality criteria for 17 toxins known to harm salmon and steelhead, as well as Southern Resident killer whales that depend on them.

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NOAA Taking Comments From Fisheries Managers On Salmon Rebuilding Report Key To Administration’s Collaborative Recovery Efforts

Urgent and comprehensive large-scale actions in the Columbia River basin will be needed to meet mid-range salmon and steelhead abundance goals set by the Columbia Basin Partnership Task Force in 2020, according to a draft report by NOAA Fisheries released nearly a month ago by the White House. The agency is now taking comments until the end of the month on a report that could play a key role in the Biden Administration’s efforts to collaboratively move forward on Columbia/Snake river salmon recovery.

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Federal Judge Says NOAA’s Approval Of Southeast Alaska Troll Salmon Fishery Fails To Protect ESA-Listed Salmon, Whales

A Seattle federal district court judge ruled this week that NOAA Fisheries’ authorization of the Southeast Alaska troll fishery violated the Endangered Species Act by approving harvest levels that fail to protect Southern Resident killer whales and wild chinook listed under the ESA.

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Judge Agrees To Extend Stay On Columbia/Snake Salmon Recovery Case For Another Year As Parties Seek ‘Comprehensive Solutions’

U.S. District Court Judge Michael H. Simon this morning agreed to a request by the Biden Administration and plaintiffs to extend for another year the stay in the litigation challenging the federal government’s environmental impact statement and biological opinion for Columbia/Snake river salmon and steelhead. The parties want more time to identify “comprehensive” solutions to basin salmon recovery.

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Federal Mediators For Columbia Basin Salmon Recovery Hope For Extension Of Litigation Pause; Would Give More Time For Comprehensive Plan

A federal mediator told the Columbia Basin Collaborative Wednesday that his group is hoping for “an extension on the stay” of litigation over Columbia/Snake river basin salmon recovery so mediation among plaintiffs and defendants can continue to move forward.

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Washington Begins Process To Update Rules For Protecting Salmon, Steelhead, Orcas From Toxic Chemicals

The Washington Department of Ecology has started the rulemaking process to update the state’s aquatic life toxics criteria to reflect new information about toxic chemicals. Among the species of aquatic life that needs protecting are endangered chinook salmon, steelhead and Orca whales.

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House Bill Includes ‘Columbia River Restoration’ Section; Would Include Assessment Of Lower Snake River Dams’ Impacts On Economy, Fish

The Water Resources Development Act of 2022 approved by the House of Representatives Wednesday includes a lengthy section called “Columbia River Basin Restoration” and would require an inter-agency assessment of the four lower Snake River dams’ impact on fish and wildlife.

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Conservation Groups Sue USDA Over Insecticide Spraying Of Western Grasslands; Say Harms ESA Species, Kills Pollinators

The Xerces Society and Center for Biological Diversity filed a notice of intent this week to sue the U.S. Department of Agriculture’s secretive Animal and Plant Health Inspection Service for failing to properly consider harms to endangered species caused by insecticide spraying across millions of acres of western grasslands.

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White House Plans On Being Involved With Columbia Basin Salmon Recovery As BiOp Litigation Talks Continue; Collaborative Approves A Charter

The White House this week made clear it plans to be involved in Columbia River salmon recovery, saying it has engaged mediators to facilitate “public policy dialogue” with governments and stakeholders.

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Corps Releases First Court-Ordered Willamette Basin Status Report On Improving Conditions For Salmon, Steelhead At Numerous Dams

Through the end of 2021, the U.S. Army Corps of Engineers implemented a number of measures required by a federal court to improve conditions for protected salmon, steelhead and bull trout at its Willamette River valley dams. In addition, the Corps continued implementing other measures already in process prior to a Sept. 1, 2021 court injunction. Even more measures that will improve passage or water quality for fish will be put into motion this year, according to the federal agency’s recently released report.

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Corps Evaluating EIS Alternatives For Potential Survival Improvements At Willamette Valley Dams For ESA-Listed Salmon, Steelhead

In its development of an environmental impact statement for 13 Willamette Valley Project dams, the U.S. Army Corps of Engineers is considering and evaluating a range of four alternatives, plus a no action alternative, that will likely change the way it operates the dams to protect salmon, steelhead and bull trout listed under the Endangered Species Act.

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Washington State Supreme Court Allows Cooke Aquaculture To Farm Sterile Steelhead In State’s Waters

The Washington state Supreme Court has unanimously upheld permits allowing Cooke Aquaculture Pacific to farm steelhead trout in net pens in Washington waters.

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Court: EPA Must Determine Soon Whether Feds Should Take Over Developing Washington’s Water Quality Standards For Toxins

A federal court in Washington State has ordered the U.S. Environmental Protection Agency to make a determination within 180 days whether it should take over development of Washington’s water quality standards for toxic pollutants.

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Court Approves Interim Actions For Aiding ESA-Listed Willamette Valley Salmon, Steelhead; Ninth Circuit Appeal Possible

A federal court approved this month details on the “how” of fish passage, drawdowns and spill designed to aid salmon and steelhead passage at Willamette River dams, even as the U.S. Army Corps of Engineers is preparing a new environmental impact statement for the agency’s 13 Willamette Valley Project dams.

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EDITOR’S NOTEBOOK: As We End The Year, Big Decisions For Columbia River Basin Salmon Recovery Dangle On Hold

Where are we today, closing days of the year, with management of Columbia River Basin salmon recovery?

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Corps Sued For Operating Lower Columbia River Dams Without Pollution Permits; EPA Says Permit Delay Stems From Oregon Objection

A Northwest conservation group is suing the U.S. Army Corps of Engineers for operating the agency’s lower Columbia River dams without U.S. Environmental Protection Agency pollutant permits.

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Lawsuit Says EPA, WDOE Moving Too Slow In Regulating Nitrogen Pollution From 94 Puget Sound Sewage Treatment Plants

Federal and Washington state pollution regulators have failed to take a key legal step to clean up nitrogen pollution in Puget Sound, according to a lawsuit filed this week in federal court by Northwest Environmental Advocates.

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Washington Board Issues Order Denying Corps’ Challenge To Water Quality Rules (Temperature, Pollutants) At Columbia/Snake Dams

Following up on its intentions announced in June, the Washington State Pollution Control Hearings Board last week rejected the U.S. Army Corps of Engineers challenge to state water quality rules for temperature and other pollutants for Columbia/Snake River dams and reservoirs. The rules are aimed at protecting salmon and steelhead.

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Lawsuit Calls On NMFS To Take More Direct Action In Ensuring Cold Water Refuges For Salmon, Steelhead; ‘ESA Not A Paper Tiger’

Government paperwork does not help salmon and steelhead migrate through the overheated waters of the Columbia River, asserted an environmental group in a lawsuit filed this week against the federal agency in charge of protecting threatened and endangered salmon. The suit alleges the federal government is failing to ensure cold-water refuges “where fish can seek relief from dangerously high river temperatures in the Columbia.”

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Federal Judge Approves Pause In Salmon/Steelhead EIS/BiOp Case; Parties ‘In Good Faith Discussions To Resolve Litigation’

In a swift response to a motion filed last week by most parties currently embroiled in a case that challenges the new federal environmental impact statement and biological opinion for Columbia/Snake river salmon and steelhead,U.S. District Court Judge Michael H. Simon approved Tuesday a stay on all litigation activities until July 31, 2022.

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Parties Put Salmon/Steelhead BiOp Litigation On Hold, Commit To Working Together To Find ‘Comprehensive, Long-Term Solution’

Plaintiffs in the challenge to the Columbia/Snake River biological opinion for salmon and steelhead filed this week an unopposed stay in federal court that effectively puts the litigation on hold while all the parties search for comprehensive salmon recovery solutions.

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Federal Judge Says NOAA Violated ESA When Approving Alaska Salmon Fishery; No Certainty New Hatcheries Will Mitigate Harvest

A lawsuit filed last year that challenged NOAA’s Fisheries’ authorization of the Southeast Alaska commercial troll fishery was partly resolved earlier this month in a Seattle federal court when the judge found the federal agency in violation of the Endangered Species Act. A final judgement could be ready later this month.

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Wild Fish Advocates File Lawsuit Challenging Washington Hatchery Reform Policy Changes, Increased Hatchery Salmon For Orcas

Conservation groups this week filed in King County Superior Court a challenge to Washington’s changes to its hatchery reform policy and efforts to increase hatchery production of chinook and coho salmon at Puget Sound and Columbia River hatcheries to increase the food supply for Southern resident killer whales, listed as endangered in 2005.

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Judge Lays Out Schedule For Hearing On Preliminary Injunction Requesting More Spill For Fish, Lower Reservoirs At Columbia/Snake Dams

A request for a preliminary injunction to increase spill next year at lower Columbia and Snake river dams, as well as to lower operating pools behind the dams to aid migrating juvenile and adult salmon and steelhead, took one more step forward in federal court.

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EPA Rescinds Trump Administration’s Guidance On Clean Water Act Permits For Pollution Discharges Through Groundwater

The U.S. Environmental Protection Agency is rescinding a guidance document entitled “Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program” that was issued by the Trump administration in January, 2021. With this action, EPA says it is preserving longstanding clean water protections.

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Litigation Over Hells Canyon Water Quality Settled; Oregon To Develop Plan To Control Temperature Impacts On Salmon, Steelhead

A settlement was reached this week that requires the state of Oregon to develop a plan to limit methylmercury pollution and accelerate remediation of water temperature impacts at the Hells Canyon Complex of dams on the Snake River.

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Judge Issues Final Order For Operations At Corps’ Willamette Valley Dams To Aid ESA Salmon, Steelhead; Deep Drawdowns, Spill

A final order by U.S. District Court Judge Marco Hernandez this week described in detail the interim actions that the U.S. Army Corps of Engineers must take at its 13 Willamette Valley Project dams to protect threatened wild spring chinook and winter steelhead.

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Willamette River Reservoirs Far Below Average As Parties Move Forward On Court-Ordered Interim Measures To Address Listed Steelhead, Chinook

Federal storage dams in the Willamette River basin are at an average of just 37 percent of capacity, hit hard this year by drought. Overall, they should be at nearly twice that – 68 percent capacity. And there is little in the weather forecast that will change that over the next few weeks.

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Group Sues EPA Over Discharge Permits For Puget Sound Sewage Treatment Plants, Says Improperly Discharging Nitrogen, Creating Dead Zones

The U.S. Environmental Protection Agency was sued in the U.S. Ninth Circuit Court of Appeals this week for what the lawsuit alleges is a failure to respond to a petition seeking to remove Washington State’s authority to issue discharge permits under the Clean Water Act.  The 2017 petition took aim at permits issued by the Washington Department of Ecology for sewage treatment plants that discharge nitrogen to Puget Sound without the required permit limits.

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Lawsuit Alleges As Oregon’s Polluted Waters Increase, EPA Failing To Step In, Demand Clean-Up Plans

The development of water pollution clean-up plans in Oregon has been at a complete standstill for over a decade, while the number of its waters with unsafe levels of pollution increases, alleges a lawsuit filed this week against the U.S. Environmental Protection Agency.

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Group Seeks ESA Consultations Over Expansion Of Large Ship Traffic In Columbia/Snake Rivers; Says Wake Stranding Harms Listed Fish

The Center for Biological Diversity is calling on the Biden Administration to engage in Endangered Species Act consultations on the impacts of the America’s Marine Highway Program on protected species, including salmon and steelhead in the Columbia and Snake rivers.

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Oregon, Groups Seek Injunction To Increase Spill For Salmon, Steelhead; Drop Dam Pools To Speed Fish Through ‘Too Hot Reservoirs’

The state of Oregon, as well as nearly a dozen conservation and fishing groups, filed Friday in U.S. District Court in Portland a request for a preliminary injunction that, if granted, would significantly increase spill next year at lower Columbia and Snake river dams and lower the operating pools behind the dams. The measures are intended to aid juvenile and adult salmon and steelhead migrating in the river.

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Federal Judge Orders Corps To Take Immediate Action To Protect ESA-Listed Willamette Valley Wild Spring Chinook, Steelhead; ‘No Patience For Further Delay’

U.S. District Court Judge Marco Hernandez Wednesday outlined in a draft order Wednesday actions that the U.S. Army Corps of Engineers must take to protect threatened wild spring chinook and winter steelhead at its Willamette Valley dams. The case has been in the courts for three years.

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Biden EPA Reevaluating Trump Administration Rollback Of Washington State Water Quality Standards; ‘May Not Be Based On Sound Science’

The U.S. District Court for the Western District of Washington last week approved the U.S. Environmental Protection Agency’s proposal to reevaluate the Trump administration’s rollback of Washington state water quality standards developed to protect people from toxic pollution.

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Washington State Hearings Board Rejects Corps’ Appeal Of Clean Water Act Certifications Aimed At Reducing Columbia/Snake Water Temperatures

The Washington State Pollution Control Hearings Board this week announced it intends to reject the Army Corps of Engineers’ challenge to the state’s Clean Water Act certifications requiring temperature limits for Columbia/Snake River dams and reservoirs to protect salmon and steelhead.

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Feds Seek To Dismiss Irrigators’ Claims In Salmon BiOp Case; Irrigators Challenge, Saying ‘Interests Directly Affected’

Defendants in the latest challenge to the Columbia/Snake River biological opinion for salmon and steelhead and final environmental impact statement have questioned the cross-claims of the Columbia-Snake River Irrigators Association, saying the irrigators lack jurisdiction.

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Groups File Court Petition To Halt Clearcutting In Oregon’s Burned Santiam River Watershed; Home To ESA-Listed Spring Chinook, Steelhead

Seven conservation groups filed April 14 in Multnomah County Circuit Court a petition seeking to stop logging by Oregon Department of Forestry contractors of trees burned in wildfires last summer in the Santiam River watershed in Oregon. The logging is in process.

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Judge Sets Timeline For Challenge To Columbia River Salmon/Steelhead EIS/BIOP; Could Extend Well Into 2022

A federal judge in Oregon has set a schedule for future litigation proceedings in the eighth challenge since 2001 to the federal biological opinion for threatened and endangered Columbia River basin salmon and steelhead. Activity begins this month and extends out to at least August 2022 when final summary judgement briefs are due to the court.

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EIS/BiOp Challenge: Spokane Tribe Wants Salmon Reintroduction Included, Steps To Control Pike; Irrigators Say Dam Breaching Impact Analysis On Irrigation Falls Short

The eighth battle of the BiOp has been underway in federal court since mid-January and two groups are joining in on the debate, one to join as an intervenor plaintiff and one to throw the entire lawsuit out.

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Conservation Groups File Complaint Against New Columbia River System Operations EIS, BiOp For Salmon, Steelhead

Conservation groups have filed the opening complaint against the Columbia River System Operations 2020 Environmental Impact Statement and Biological Opinion for salmon and steelhead, kicking off yet another round of litigation over the federal approach to recovering these fish listed under the Endangered Species Act. The opening salvo shows breaching Lower Snake River dams will be a central issue in the coming courtroom battles.

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Seattle Federal Judge Orders EPA, WDOE To Take Steps To Reduce Polluted Runoff, Review Width Of Streamside Buffers To Protect Salmon

A U.S. District Court judge in Seattle has issued a stipulated order requiring the U.S. Environmental Protection Agency and the Washington Department of Ecology to take steps to reduce polluted runoff from land uses such as farming, grazing, logging, and septic systems.

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Congress Approves Bipartisan Bill Ratifying Confederated Salish-Kootenai Tribes Water Rights Compact

The U.S. Senate Monday passed a bill that will ratify the water rights settlement between Confederated Salish-Kootenai Tribes and the state of Montana, resolve CSKT’s water-related claims with the federal government, establish resources to update critical water infrastructure, and avoid costly litigation.

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Fisheries/Hydro Managers Give High Grades To 2020 Flexible Spill Operations; Aided Juvenile Salmonids, Netted BPA $4.7 Million

The states of Oregon and Washington, the Nez Perce Tribe, the Bonneville Power Administration and the U.S. Army Corps of Engineers told the Northwest Power and Conservation Council this week that flexible spill in 2020 met all of a flexible spill agreement’s goals in its second year. All were signatories to the 2018 flexible spill agreement.

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Center For Biological Diversity Issues Intent To Sue Over Lack Of Final Rule For Expanded Critical Habitat For Killer Whales

The Center for Biological Diversity this week filed a notice of intent to sue the federal government for failure to finalize to date expanded habitat protections for critically endangered Southern Resident killer whales, whose population has dipped to just 74 orcas.

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Conservation Groups File Lawsuit Challenging USFWS Decision To Not List Wolverines Under ESA; Stress Climate Change Impacts

A coalition of conservation groups filed a lawsuit this week challenging the U.S. Fish and Wildlife Service’s decision to withhold Endangered Species Act protection from wolverines in the lower 48 states, where no more than 300 animal exist as small, fragmented populations in Idaho, Montana, Washington, Wyoming and northeast Oregon.

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Oregon Files Intent To Challenge Feds’ New EIS/BiOp For Basin Salmon/Steelhead In Case Regional Collaboration Goes Nowhere

While stressing its commitment to regional collaboration, the state of Oregon at the same time has announced its intent to sue the federal government over the new environment impact statement and biological opinion for Columbia River salmon and steelhead, alleging violations of the Endangered Species Act. The state says it is preserving “legal options” in case collaboration falls short.

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In Appeal To Ninth Circuit To Overturn Water Quality Ruling, Deschutes River Alliance Says Adaptive Management Not Working

In asking the Ninth Circuit Court of Appeals to overturn a 2018 U.S. District Court ruling that Portland General Electric had not committed water quality violations at its Pelton Round Butte Project on the Deschutes River, the Deschutes River Alliance asserts that adaptive management has not been effective when it comes to maintaining state water quality standards in the river.

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Court Rejects Challenge To Large, Collaborative Forest Restoration Project In Northcentral Washington’s Methow Valley

The U.S. District Court for Eastern Washington last week dismissed a lawsuit by a Montana-based group challenging the Mission Forest Restoration Project on the Okanogan-Wenatchee National Forest in northcentral Washington’s Methow Valley.

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Salmon and Hydro: An Account Of Litigation 1991-2009

In 2009, the Columbia Basin Bulletin produced the 77-page e-book “SALMON AND HYDRO: An Account of Litigation over Federal Columbia River Power System Biological Opinions for Salmon and Steelhead, 1991-2009.” We are making the book available to CBB members.

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Corps Modifies Operations At Willamette Valley Dam To Improve Juvenile Salmon Passage As Court Case Continues On ‘Remedies’ For Wild Salmon/Steelhead

The U.S. Army Corps of Engineers is modifying operations at the Willamette Valley’s Detroit Dam to improve juvenile salmon downstream passage survival by releasing water exclusively through the upper regulating outlets when downstream passage rates are high.

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Conservation Groups File Notice Of Intent To Challenge Trump Administration’s De-Listing Of Gray Wolves

A coalition of wildlife conservation groups have notified the U.S. Fish and Wildlife Service of its intent to file a lawsuit challenging the recent decision to remove Endangered Species Act protection for gray wolves across nearly all the lower 48 states.

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Conservation/Fishing Groups Issue Notice Of Intent To Sue Over Federal Agencies’ New Plan For Operating Columbia/Snake Dams Without Jeopardizing Salmon, Steelhead

A federal plan to operate the Columbia/Snake River hydropower system without jeopardizing salmon and steelhead listed under the Endangered Species Act is likely headed to court for the sixth time since 2001.

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USFWS Says New Analysis Shows No Need For ESA-Listing For Wolverines, Conservation Groups Say They Will Sue

The U.S. Fish and Wildlife Service has denied protection to the elusive wolverine under the Endangered Species Act, prompting a coalition of conservation groups to announce their intention to file a notice of intent to sue.

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Agencies Issue Record Of Decision On Plan To Operate 14 Columbia/Snake Dams Without Jeopardizing Salmon,Steelhead; Critics Say More Status Quo

The U.S. Army Corps of Engineers, Bureau of Reclamation and Bonneville Power Administration signed a joint Record of Decision on Monday that commits the agencies to implementing immediate and long-term actions identified in July in a final environmental impact statement for operations of 14 Columbia/Snake River mainstem dams. The Columbia River Systems Operations EIS also includes a new biological opinion for 13 species of salmon and steelhead listed under the Endangered Species Act.

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Federal Judge Rules Corps Not Moving Fast Enough To Halt Continued Decline Of ESA-Listed Upper Willamette River Wild Spring Chinook/Steelhead; “Significant Measures Never Carried Out’

A U.S. District Court ruling this week charged a federal agency with not moving fast enough to ensure survival and recovery of Upper Willamette River wild spring chinook and wild winter steelhead, two species listed as threatened in 1999 under the federal Endangered Species Act.

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Conservation Groups File Lawsuit Challenging Flathead Forest Plan, Say Drops Protections For Bull Trout, Grizzlies, Lynx, Wolverines

Four conservation groups filed a lawsuit in U.S. District Court in Missoula last week to require the U.S. Forest Service and U.S. Fish and Wildlife Service to restore what they say are proven safeguards for the protection and recovery of imperiled grizzly bears, Canada lynx, wolverine, and Columbia Basin bull trout on the Flathead National Forest in northwest Montana.

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NMFS BiOp Says Lethally Removing Beavers In Oregon Does Not Jeopardize ESA-Listed Salmon/Steelhead; ODFW Commission Mulls Beaver Work Group

A biological opinion of a US Department of Agriculture Wildlife Service’s management program to lethally remove beavers in Oregon and the program’s impacts on fish species listed under the federal Endangered Species Act was completed June 8 by the National Marine Fisheries Service.

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Groups File Lawsuit Challenging EPA’s Withdrawal Of Washington State’s Water Quality Standards

Regional tribes, environmental groups, water quality advocates and fishing organizations filed a lawsuit this week challenging what they say is the Trump administration’s “latest effort to dismantle laws that protect Washington State’s clean water and public health.”

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Supreme Court Rules Discharges Through Groundwater Regulated By Clean Water Act

The Supreme Court ruled last week that point source discharges to navigable waters through groundwater are regulated under the federal Clean Water Act.

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EPA Agrees To Set Temperature Limits For Columbia/Snake Rivers To Protect Salmon/Steelhead

After its request for a rehearing was rejected by the Ninth Circuit Court of Appeals earlier this month, the Environmental Protection Agency on Friday (April 10) agreed to develop Columbia and Snake river temperature limits, known as Total Maximum Daily Load, by May 18.

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EPA Loses Again In Ninth Circuit, Must Move Forward On Setting Temperature Limits For Columbia/Snake River, Or Appeal To Supreme Court

The Ninth Circuit Court of Appeals refused the U.S. Environmental Protection Agency’s challenge that asked the court to rethink and rehear its decision that calls on the agency to move ahead in setting temperature limits for the Columbia and Snake rivers to protect salmon and steelhead.

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Conservation Groups File Lawsuit Asking Judge To Order USFWS To Set Deadline On Wolverine Listing Decision

Conservation groups sued the U.S. Fish and Wildlife Service last week for what they say is a failure to protect wolverines as required by the Endangered Species Act.

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Conservation Groups File Lawsuit To Halt Corps’ Willamette Basin Water Allocation Study, Says Could Harm Chinook, Steelhead

Conservation groups filed suit in federal court Thursday to stop a process by the U.S. Army Corps of Engineers to allocate the water in its Willamette River basin reservoirs among irrigators, cities and fish, saying such an order is necessary to protect imperiled spring chinook salmon and winter steelhead.

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EPA Challenges Appeals Court Ruling On Setting Temperature Limits For Columbia/Snake Rivers, Wants Re-Hearing

Both a U.S. District Court and the Ninth Circuit Court of Appeals have recently ruled that the U.S. Environmental Protection Agency must set temperature limits for the Columbia and Snake rivers to protect salmon and steelhead, but the agency is returning to the Appeals Court to challenge the latest decision.

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Diverse Group Calls For Northwest Governors To ‘Foster New Dialogue’ On Columbia Basin Salmon Recovery

A diverse group of river users, utilities and environmentalists is calling on Northwest governors to lead the way to find collaborative solutions to recover Columbia/Snake River Basin salmon and steelhead populations listed under the federal Endangered Species Act.

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Lawsuit Challenges WDFW’s Permit Allowing Farmed Steelhead In Puget Sound; Says ‘Fish Feedlots’ Harm ESA Fish, Whales

Environmental groups filed a lawsuit in King County Superior Court to block a permit that would allow Cooke Aquaculture to transition from rearing non-native Atlantic salmon to rearing native steelhead at its net pen facilities in Puget Sound.

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Idaho Power Intervenes, Files To Dismiss Hells Canyon Water Quality Lawsuit

Idaho Power filed a petition in December in Multnomah County that asks the court to dismiss a lawsuit filed in July 2019 by Pacific Rivers and Idaho Rivers United that had challenged the Oregon Department of Environmental Quality’s water quality certification for the utility’s Hells Canyon Complex of Dams – Brownlee, Oxbow and Hells Canyon dams.

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‘The Time Has Come’: Ninth Circuit Orders EPA To Produce In 30 Days New Temperature Limits For Columbia/Snake Rivers To Protect Salmon/Steelhead

Is it the obligation of the states of Oregon and Washington? Or is the Environmental Protection Agency responsible for completing Total Maximum Daily Load limits for temperature to protect salmon and steelhead in the Snake and Columbia rivers?

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Atlantic Salmon Net Pen Collapse: Cooke Aquaculture Agrees To Pay Wild Fish Conservancy $2.75 Million In Settlement

An aquaculture company in Puget Sound has agreed in a settlement with the Wild Fish Conservancy to pay a $2.75 million penalty for a collapse of one of its net pens near Cypress Island in 2016. More than 260,000 non-native Atlantic salmon escaped due to the collapse.

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Idaho Power To Drop EPA Lawsuit With New Water Temperature Criteria Set For Spawning Fall Chinook Below Hells Canyon Dam

Idaho Power will soon drop a lawsuit it filed in U.S. District Court in Idaho in June 2018 aimed at forcing the U.S. Environmental Protection Agency to set a two-week water quality standard for fall chinook that spawn downstream of the utility’s Hells Canyon Complex of three dams on the Snake River.

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Lawsuit Challenges Corps/NOAA Approvals Of Columbia River Methanol Refinery; Says Threat To Listed Salmon, Orcas

A lawsuit by environmental and public health groups that challenges approvals for a methanol refinery in Kalama, Wash. by the U.S. Army Corp of Engineers and NOAA Fisheries was filed this week in U.S. District Court for the Western District of Washington in Tacoma.

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Federal Court Orders New Water Quality Plans For Many Of Oregon’s River Basins, Sets Schedules

A federal court has ordered Oregon and federal pollution regulators to replace the existing water quality plans in many of Oregon’s river basins. The court also set schedules for the Oregon Department of Environmental Quality and the federal Environmental Protection Agency to complete the new plans.

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Washington, Oregon Join Multi-State Lawsuit Challenging Trump Administration Rule Changes To Endangered Species Act

Washington and Oregon filed a lawsuit this week challenging Trump Administration rules revising implementation of the Endangered Species Act.

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Who Sets Water Temperature Standards For Columbia/Snake Rivers? Arguments Heard In Ninth Circuit

Opposing sides argued before a three-judge panel at the Ninth Circuit Court of Appeals in Seattle whether the U.S. Environmental Protection Agency should complete regulations for temperature, known as Total Maximum Daily Load, for the Snake and Columbia rivers, or whether completing the TMDL is the responsibility of Oregon and Washington.

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Groups Sue Over ESA Rule Changes; Say ‘Arbitrary, Capricious,’ Violate ESA Language

Seven environmental groups have filed a joint lawsuit challenging recent changes to rules for implementing the Endangered Species Act, declaring the changes amount to “an unprecedented weakening” of protections for endangered and threatened species.

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EPA Challenging In Ninth Circuit Lower Court Ruling On Columbia/Snake Temperature Limits; Oral Arguments Scheduled

The Environmental Protection Agency is challenging a 2018 lower court decision at the Ninth Circuit Court of Appeals that ruled the agency must complete temperature limits for the Columbia and Snake rivers.

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Trump Administration Issues Rules Revising ESA Implementation; Lawsuits On The Way

The Trump Administration unveiled “improvements” to the Endangered Species Act’s implementing regulations this week, drawing immediate opposition and promised legal action from environmental groups and some political leaders.

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Washington State Seeks Public Hearings On EPA’s Efforts To Revise State’s Water Quality Standards, Fish Consumption Rule

The Washington Department of Ecology is demanding the Environmental Protection Agency hold more than two “online public hearings” as the federal agency moves forward on efforts to revise the state’s “fish consumption rule” which guides water quality standards.

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Judge Denies Preliminary Injunction in Willamette Dams Salmon/Steelhead Case; Does Say Conditions Of Fish Worse Since 2008 BiOp

A federal judge has denied the request of three conservation groups to order a federal agency to make immediate changes at federal Willamette River dams to improve conditions for migrating juveniles and spawning adult threatened spring chinook and winter steelhead.

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Inslee Calls Trudeau Pipeline Decision ‘Alarming,’ Cites Risks Of Oil Spills In Shared Waters

Washington Gov. Jay Inslee said Tuesday the Canadian government’s approval of the Trans Mountain Pipeline expansion was “alarming and deeply disappointing.”

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Nez Perce Tribe Files Intent-To-Sue Notice Over Gold Mining Site In Area Of Salmon Restoration; Company Says Did Not Cause Current Pollution Issues

The Nez Perce Tribe recently filed a 60-day notice of intent to sue the Midas Gold Idaho, Inc., alleging the mining company has been illegally discharging arsenic and other pollutants at Stibnite Gold Project site in the headwaters of the South Fork of the Salmon River.

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Court Order Sets Eight Year Timeline For Oregon Water Pollution Clean-Up Plans; Includes Several Columbia Basin Rivers

Oregon and the U.S. Environmental Protection Agency have eight years in which to replace water pollution clean-up plans that allow temperatures harmful to salmon in some of the state’s key river basins, a federal court ordered late Tuesday.

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Oregon, Idaho Reach Agreement On Hells Canyon Dams, Water Quality; Includes Salmonid Research

The states of Oregon and Idaho this week announced a settlement agreement regarding the operation of the Hells Canyon Complex on the Snake River that is intended to benefit water quality, habitat, and Columbia/Snake river basin fish.

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USFWS Proposes Lifting Federal Protections For Wolves; Legal Challenges Predicted

The U.S. Fish and Wildlife Service’s top official announced this week the agency will propose lifting protections for wolves throughout the lower 48 states, triggering predictable opposition from environmental groups and continued litigation.

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NW Power/Conservation Council Hears Details On Flexible Spill Agreement To Aid Juvenile Salmonids

An agreement was signed by federal agencies, states and one tribe in December that sets a framework for how spring and some summer spill at Columbia/Snake river dams will be conducted this year and for a couple of years into the future until its concept can be tucked into a new environmental impact statement and biological opinion of the federal power system in 2020 and into the interim 2018 BiOp expected to be released by NOAA Fisheries in April.

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Parties Sign Agreement On Flexible Spill For Fish Passage At Columbia/Snake Dams

An agreement signed this week by federal agencies, states and a tribe promises additional spring spill next year at Columbia and Snake river dams to aid juvenile salmon passage, but how the spill is conducted will be by agreement among six parties and not by court order, as it was in spring 2018.

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Inslee Budget Includes Over $1 Billion For Orcas/Salmon; $750,000 For Task Force On Snake Dams

Washington Gov. Jay Inslee announced late last week a budget that includes investments to save Southern Resident orca whales in Puget Sound. Much of his budget is aimed at increasing the number of chinook salmon, the killer whales’ primary food source, in the Columbia River basin and in Puget Sound, and includes funding a task force to look at breaching Snake River dams.

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Agreement Allows Idaho Steelhead Fishing While NOAA Reviews State Steelhead Plan

Steelhead fishing is continuing past the December 7 cutoff date set by the Idaho Fish and Game Commission last week due to a last minute agreement between the state and conservation groups.

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Federal Court Orders EPA To Complete Water Temperature Protections For Columbia/Snake Salmonids

A U.S. District Court in Washington ordered the Environmental Protection Agency to set temperature limits, known as total maximum daily load, in the Snake and Columbia rivers to protect threatened and endangered salmon and steelhead.

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Feds, Tribes, States Sign Extended Columbia Basin Fish Accords; $400 Million For Fish/Wildlife

The Bonneville Power Administration, along with its partners in a new Columbia Basin Fish Accords, signed an agreement this month that for the most part extends the previous 2008 Accords it signed 10 years ago and that expired September 30, out to 2022.

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Groups Amend Court Filing In Effort To End Hatchery Releases In North, South Santiam Rivers

Willamette Riverkeeper and the Conservation Angler filed a second amended complaint in U.S. District Court that asks the court, among other things, to order the U.S. Army Corps of Engineers to stop releasing hatchery produced summer steelhead and rainbow trout into the North and South Santiam rivers. The complaint was filed in the Eugene Division of the District Court June 20, 2018.

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Tie Vote In U.S. Supreme Court Upholds Lower Court Rulings In Washington State Fish Culverts Case

Without offering an explanatory opinion, the U.S. Supreme Court handed down a tie vote Monday affirming the position of Washington Indian tribes in a lengthy litigation series requiring the state to modify road culverts that block salmon passage.

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Board Rules Against USFWS On Leavenworth Hatchery Water Issues; Icicle Creek Draft EIS Released

The U.S. Fish and Wildlife Service was recently handed an adverse ruling from the Washington Pollution Control Hearings Board, related to its operation of the Leavenworth National Fish Hatchery with impacts to Icicle Creek in central Washington.

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Judge Simon Hears Arguments On Dismissal Of Deschutes River Clean Water Case

In arguments before U.S. District Court Judge Michael H. Simon, defending parties in a two-year court case that alleges water quality violations by Portland General Electric due to operations at its dams on the lower Deschutes River continued to argue that the case should be dismissed.

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U.S. Supreme Court Hears Oral Arguments In Washington State Salmon Passage/Culvert Case

Lawyers involved with a long-running case related to culverts in Washington state that block salmon from migrating into historic spawning habitat got a tough audience in arguing the case before the United States Supreme Court Wednesday.

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Corps Asks NOAA To Open Reconsultation On Willamette River Basin Fish BiOp; 13 Dams

A biological opinion of the U.S. Army Corps of Engineer’s 13 Willamette River dams last completed in 2008 may be headed for its next iteration.

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House Committee Passes Bill Requiring Congressional Authorization For Certain Changes At Dams

The U.S. House Natural Resources Committee this week passed a bill that would require congressional authorization for any structural modification or action at Columbia/Snake river federal dams that would restrict power generation or navigation.

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Deschutes River Alliance Counters Motions To Dismiss Clean Water Case

By an agreement with its co-owner, the Confederated Tribes of the Warm Springs Reservation, Portland General Electric is the legal operator of the Pelton Round Butte Complex of hydroelectric projects on the Deschutes River and for that reason is the only defendant that needs to be involved in a two-year case in U.S. District Court, alleges a recent court filing by the Deschutes River Alliance.

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Corps Extends Comment Period For Detroit Dam Juvenile Salmon Fish Passage EIS

It’s not too late to comment on the scope of studies for an environmental review of downstream salmon passage and temperature control for juvenile fish at Detroit Dam on the North Santiam River.

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Parties In BiOp Case Hash Over Spill For Fish Details As Final Decision Awaits Appeals Court

One thing is certain: parties agree that a decision whether an injunction to increase spring spill at eight Columbia and Snake river dams this year for juvenile salmon and steelhead is legally and biologically justified now lies with the Ninth Circuit Court of Appeals.

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Montana Supreme Court Upholds Salish-Kootenai Tribes Water Rights Compact

The Montana Supreme Court has ruled that a water rights compact for the Confederated Salish-Kootenai Tribes is in compliance with the state Constitution, after a contentious period of resistance to the compact that has carried on for much of the last decade.

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Conservation Groups Announce Intent To Sue Corps Over Willamette Chinook, Steelhead

A coalition of conservation groups Thursday sent the Army Corps of Engineers a notice of its intent to sue over efforts to protect Willamette River chinook and steelhead.

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New House Bill Would Move Anadromous Fish ESA Listings From Commerce Dept. To Interior

Two bills that are in a U.S. House of Representatives subcommittee, if enacted, would change the way the federal Endangered Species Act is governed.

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Washington State, Others, Request Supreme Court Review Ninth Circuit’s Decision On Culverts

The state of Washington, joined by other Columbia Basin states, farm bureaus and business groups, is urging the U.S. Supreme Court to consider an appeal of a lower court ruling that compelled Washington to remove or replace fish-blocking culverts to comply with treaty rights of Native American tribes.

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House Natural Resources Committee Approves Five Bills Making Changes To Endangered Species Act

Last week, the House Committee on Natural Resources passed five bills to reform the Endangered Species Act.

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EPA Proposes To Withdraw Clean Water Act Restrictions For Bristol Bay’s Pebble Mine

The U.S. Environmental Protection Agency is proposing to withdraw its July 2014 Clean Water Act Proposed Determination that would, if finalized, have imposed restrictions on the discharge of dredged or fill material associated with the potential “Pebble Mine” in Alaska’s Bristol Bay watershed.

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Irrigators Seek Hearing In Federal Court On Spill/Transportation Protocol In Low Water 2015

Irrigators in eastern Washington are blaming fisheries managers for choosing spill over transportation during the spring juvenile migration in 2015, a choice they allege resulted in the loss of 65 percent of the wild spring chinook adults returning to the Snake River this year.

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Biologists Tell Council That Sea Lion Predation Puts Willamette Winter Steelhead At Extinction Risk

As the steelhead population above Willamette Falls declines, sea lion predation increases, putting the endangered fish at risk of extinction with only 512 making their way upriver.

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Groups Amend Complaint In Wild Upper Willamette Winter Steelhead Litigation

Willamette Riverkeeper and the Conservation Angler filed an amended brief September 15 that they say describes in detail how hatchery produced summer steelhead and rainbow trout impact wild upper Willamette River steelhead, listed as threatened under the Endangered Species Act.

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Volatile Power Market Could Bring Budget Uncertainties To BPA-Funded Basin Fish And Wildlife Program

For the next two years the budget for the largest fish and wildlife program in the United States will remain at levels seen over the last several years, but that’s only if the Bonneville Power Administration is able to manage a number of uncertainties, including the price of its power on the wide open West Coast power market.

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Group Issues White Paper On 2015 Hot Water Year For Sockeye As Region Grapples With BiOp, Spill

A white paper produced by Columbia Riverkeeper that used computer simulations says that if the four lower Snake River dams had not been in place in 2015, river water would have naturally remained cool enough for the sockeye salmon migrating in the river that year to have successfully completed their journey to their spawning grounds in the Sawtooth Basin in Idaho.

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Ninth Circuit Declines PGE Request On Deschutes River Case, Lawsuit Continues In Lower Court

A federal appeals court has declined to hear a motion by Portland General Electric that challenges a lower court decision that denied the utility’s request to dismiss a lawsuit filed last year by the Deschutes River Alliance.

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Irrigators Petition Corps, NOAA To Investigate River Management Decisions During 2015 Low/Hot Water

Irrigators have asked federal agencies to review the actions taken in 2015 when water in the Snake River was dangerously warm for juvenile salmon and steelhead migrating downriver, as it also was for endangered adult sockeye salmon attempting to migrate into Idaho’s Sawtooth Wilderness.

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House Natural Resources Committee Holds Hearing On Five Bills To Change Endangered Species Act

The House Natural Resources Committee this week held a legislative hearing on five bills aimed at changing the Endangered Species Act.

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Oregon Cattlemen Announce Intent To Sue USFWS Over Follow-Up On Wolf NEPA Process

The Oregon Cattlemen’s Association announced this week their intent to sue the U.S. Fish and Wildlife Service for its failure to complete an environmental study that would remove gray wolves from the endangered species list in the lower 48 states.

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Portland General/Deschutes River Alliance Dispute Over Lower Deschutes Goes To Ninth Circuit

The dispute over alleged clean water violations in the lower 100 miles of the Deschutes River downriver of a complex of two dams is now in two courts.

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Report Reviews Libby, Hungry Horse Dam Operations, Recommends Improvements

A recently released report from Montana Fish, Wildlife and Parks, in consultation with the Confederated Salish-Kootenai Tribes, states that further adjustments are needed for discharge and refill protocols at Libby and Hungry Horse dams in Northwest Montana.

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Federal Court Order Requires Leavenworth Hatchery To Upgrade, Reduce Pollution

A May 3 federal court injunction will result in an upgraded hatchery and less pollution in Icicle Creek by late summer 2019.

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Lawsuit Dismissed Over Impacts Of Dams On Bull Trout, Agencies Had Met Consultation Requirements

Conservationists have notched a victory with a legal challenge over potential Endangered Species Act violations related to impacts of dams on bull trout populations in the Columbia River basin.

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Groups’ Suit Against EPA Seeks Temperature Pollution Budget For Columbia/Snake Rivers

Following up on their promise in August to sue the U.S. Environmental Protection Agency under the Clean Water Act to compel the federal agency to develop a temperature pollution budget for the Columbia and Snake Rivers, five environmental groups filed the suit this week.

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Federal Judge Grants Injunction Requiring More Flows In Klamath Basin To Combat Salmon Parasite

A federal judge has granted a preliminary injunction that will require the Bureau of Reclamation and the Klamath Project to provide additional flows for flushing out a parasite that has been harmful to protected salmon in the Klamath River Basin.

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BPA Discusses Cost Of NEPA For Columbia River Power System With Cost-Savings Work Group

The Northwest Power and Conservation Council Fish and Wildlife Committee approved the release of a white sturgeon request for information at its meeting in Portland January 10. The $300,000 projected cost for the RFI came from cost-savings from projects associated with the Council’s Fish and Wildlife Program.

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Federal Judge Rules Leavenworth Hatchery Unlawfully Discharging Pollutants Into Creek, Needs Permit

A federal judge has finally weighed in to end bureaucratic back-and-forthing between agencies over permitting a federal hatchery on a Wenatchee River tributary that has been going on since 1980.

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Washington, Oregon Fish/Wildlife Commissions On Parallel Course With Columbia River Harvest Reform

The Washington Fish and Wildlife Commission will review three options on how to continue or modify the two-state harvest reform policy for Columbia River salmon and steelhead at its meeting this weekend, December 9 and 10, in Olympia.

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Irrigators Petition Trump Transition Team For ‘God Squad’ Intervention In Salmon BiOp Remand

Expecting a more positive reception than it received two years ago, the Columbia-Snake River Irrigators Association in Kennewick, Washington, petitioned the Trump transition team to convene the Endangered Species Act Committee, also known as the “God Squad,” for a “reconsultation” of the Federal Columbia River Power System biological opinion for salmon and steelhead.

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Settlement Announced Over Deschutes River Water Management To Protect ESA-Listed Black Spotted Frog

Parties involved with litigation over protection of the black spotted frog in the Deschutes River Basin recently announced a settlement in the case that requires changes in operations of three reservoirs that are believed to harm the threatened amphibian species.

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Cormorant Culling From Boats Resumes In Lower Columbia Estuary, Will Continue Through October

Culling of double-crested cormorants near East Sand Island, a tiny island built from dredged materials in the lower Columbia River estuary, resumed October 3, after more than four months of inactivity and will continue through this month, according to the U.S. Army Corps of Engineers.

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Agencies Seek Public ‘Scoping’ Comments For EIS Related To New Basin Salmon/Steelhead Recovery Plan

The three agencies that operate 14 federal dams in the Columbia River Basin are seeking comments on the scope of what they should consider when preparing an environmental impact statement of the Federal Columbia River Power System.

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Tribes Urge Washington State To Drop Appeal Of Ninth Circuit’s Fish Culvert Ruling

Tribes involved with long-running litigation over fish-blocking road and highway culverts are urging the state of Washington to drop a recent appeal of the case. The tribes say continuing the case will be unnecessarily costly, but the state has long maintained the cost of removing and replacing culverts will be cost prohibitive.

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NOAA Fisheries Stipulates No Mitchell Act Funds For 10 Hatcheries Until Hatchery BiOp Completed

NOAA Fisheries and the Wild Fish Conservancy have stipulated that the agency will not disburse Mitchell Act funds to 10 Northwest hatcheries until the federal agency has completed its hatchery biological opinion and incidental take statements for the disbursements.

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Wild Fish Conservancy Seeks Injunction To Block Use Of Mitchell Act Funds For Basin Hatcheries

The Wild Fish Conservancy is seeking an injunction and restraining order to block the continued use of Mitchell Act funding for salmonid hatchery operations in the lower Columbia River system.

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Finding The Balance: Parties Work Together To Boost Lostine River Flows For Chinook Salmon

For more than a decade farmers dependent on northeast Oregon’s Lostine River irrigation diversions agreed to maintain minimum flows of 15 cubic feet per second during critical times for the chinook salmon spawning migration. This year that number is jumping up to 18 cfs.

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Montana Judge Issues Ruling On Confederated Salish/Kootenai Water Rights Compact

A Montana District Court judge recently ruled that a portion of the long-contested water rights compact for the Confederated Salish and Kootenai tribes violates the state constitution, but it is not enough to derail the compact that was narrowly approved by the Montana Legislature in 2015.

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Judge Gives Feds Nearly Five Years To Complete NEPA Process For New Basin Salmon/Steelhead Recovery

The federal judge presiding over the rewriting of the recovery plan for thirteen species of Columbia River salmon and steelhead says a thorough National Environmental Policy Act review is more important than the shortened remand schedule proposed by the litigation’s plaintiffs.

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Lawsuit Filed Against Federal Agencies Over Impacts Of Columbia Basin Dams On Bull Trout Habitat

A lawsuit was filed Monday by an environmental group maintains that federal agencies have failed to comply with the Endangered Species Act regarding the impacts of 26 federal hydropower projects on bull trout critical habitat in the Columbia River basin.

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NOAA Re-Authorizes States To Lethally Remove Salmon-Eating California Sea Lions At Bonneville Dam

NOAA Fisheries last week re-authorized the states of Oregon, Washington and Idaho to continue lethal removal of California sea lions that prey on salmon and steelhead at Bonneville Dam.

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Plaintiffs Press Case Against Cormorant Culling In Court; 2,394 Birds Shot So Far This Year

Plaintiffs in a federal case in which they seek to stop the U.S. Army Corps of Engineers from continuing to shoot and oil double crested cormorant eggs in the lower Columbia River estuary called talk of “devastating impacts” on salmon by the birds’ predation “little more than a biological soundbite.”

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Ninth Circuit Upholds Lower Court Ruling That Washington Must Fix Culverts To Improve Fish Passage

The Ninth Circuit Court of Appeals recently issued a ruling that affirms a lower court decision that directed the state of Washington to repair hundreds of road culverts to improve salmonid fish passage.

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Court Says Two Years For New Basin Salmon Recovery Plan, NEPA; Feds Say Will Take Five Years

U.S. District Court Judge Michael H. Simon gave federal agencies two years – to March 1, 2018 – to return to court with a new recovery plan for protected Columbia/Snake River salmon and steelhead, along with associated National Environmental Policy Act documents.

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Is Salmon/Steelhead BiOp Driving Cormorant Culling? Not Necessarily Says Corps

After he had remanded the 2014 Federal Columbia River Power System biological opinion May 4, U.S. District Court Judge Michael H. Simon turned on May 12 to another case on his docket – the Audubon of Portland lawsuit challenging the U.S. Army Corps of Engineers’ plan to cull double crested cormorants in the lower Columbia River estuary.

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Montana Senator Seeks Congressional Approval For Salish-Kootenai Water Compact

Montana Sen. Jon Tester introduced legislation last week aimed at winning congressional approval for a controversial Salish-Kootenai water compact.

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BiOp Judge Approves Extension For Feds In Delivering A Plan For Responding To Court Directives

In rejecting much of NOAA Fisheries’ 2014 biological opinion for salmon and steelhead impacted by the Federal Columbia River Power System, U.S. District Court Judge Michael H. Simon gave the agency two years – to March 1, 2018 – to return with a new recovery plan and National Environmental Policy Act documents.

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Federal Court Again Rejects Columbia Basin Salmon/Steelhead Recovery Plan; Orders New BiOp By 2018

A federal court this week rejected much of the federal government’s recovery plan for Columbia River salmon and steelhead — the 2014 NOAA Fisheries biological opinion for the Federal Columbia River Power System — and gave federal agencies almost two years to come back with a new and improved version that complies with federal environmental laws.

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Oregon Seeking More Money From Corps To Cover McKenzie River Hatchery Expenses, Smolt Releases

The state of Oregon has gone straight to the U.S. Army Corps of Engineers’ management for more money to cover its expenses to operate the McKenzie River spring chinook hatchery in the McKenzie River basin.

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Federal Judge Orders USFWS To Reconsider Non-Listing For Wolverines, Cites Climate Change Impacts

A federal judge has ruled on behalf of environmental plaintiffs, ordering the U.S. Fish and Wildlife Service to reconsider a controversial 2014 decision to withdraw a proposal to list wolverines for protection under the Endangered Species Act due to habitat threats from climate change.

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Wild Fish Conservancy Files Lawsuit To Force Federal Consultation On Basin Mitchell Act Hatcheries

A Northwest environmental group yesterday filed a lawsuit in the U.S. District Court of Oregon in Portland against the National Marine Fisheries Service and the U.S. Department of Commerce for funding hatchery programs in the Columbia River basin under the Mitchell Act without complying with section 7 of the federal Endangered Species Act.

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Oregon Seeks To Join Deschutes Spotted Frog Litigation With Goal Of Mediated Settlement

Oregon Gov. Kate Brown this week announced that Oregon is seeking to join the spotted frog litigation in the Deschutes River basin as a friend of the court, “with the goal of resolving the water management conflict through a collaborative, court-sponsored process,” the governor’s office said in a press release.

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Wild Fish Conservancy Lawsuit Seeks Consultations To Evaluate Puget Sound Salmon Farm Impacts On ESA

There has been a flurry of filings in recent days over litigation challenging the potential harm that Puget Sound commercial salmon farms can pose to wild salmon populations.

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Oral Arguments In Federal Court Over Lower Snake River Dredging Set For Feb. 2

Oral arguments will be presented to a federal court on Feb. 2 regarding litigation over dredging operations on the lower Snake River in southeast Washington.

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Can We Measure Impact Of Predator Management Actions Intended To Protect ESA-Listed Salmon/Steelhead

After three consecutive meetings of considering a predator management program review, the Northwest Power and Conservation Council’s Fish and Wildlife Committee is nearing approval of a letter that will be sent to the Independent Scientific Advisory Board. It asks the ISAB to develop a common metric that would be used to measure the impact of predator management actions aimed at protecting Columbia River basin salmon and steelhead.

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Another Lawsuit Filed Regarding Deschutes Dam/Irrigation Impacts On Oregon Spotted Frog

A second lawsuit has been filed by an environmental group contending that dam and irrigation operations are harming the Oregon spotted frog on the Deschutes River.

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Ninth Circuit Hears Orals On Removing Culverts Preventing Salmon Passage; Treaty Rights Key Issue

The Ninth Circuit Court of Appeals is considering a challenge to a 2013 ruling that found tribal treaty rights include assurances that salmon habitat would be protected, and that the state of Washington must remove culverts that prevent the passage of spawning salmon.

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USFWS Releases Final Bull Trout Recovery Plan; Past Legal Challengers Say Plan Still Deficient

A final Bull Trout Recovery Plan for the Pacific Northwest was released Monday, Sept. 28, touting collaborative efforts as being the key to progress for the species, but the main litigants that have challenged bull trout recovery efforts continue to maintain those efforts are inadequate.

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USFWS Rejects Sage Grouse ESA Listing;Says Columbia Basin Population Not Distinct Population Segment

The U.S. Fish and Wildlife Service announced this week that petitions to list the greater sage grouse for designations under the Endangered Species Act are denied.

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BiOp Litigants Respond To Judge’s Questions, Now Await Ruling On Summary Judgement Motions

Litigants in a long-running legal battle over a strategy for protecting and enhancing conditions for salmon and steelhead fisheries in the Columbia and Snake river basins have formally responded to questions from U.S. District Judge Michael Simon, who is expected to rule on requests for summary judgement in the near future.

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Audubon Releases Internal USFWS Report Questioning Whether Culling Cormorants Improves Fish Survival

An internal report by the U.S. Fish and Wildlife Service questions whether culling double-crested cormorants in the Columbia River estuary would actually result in more returning salmon and steelhead.

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Lawsuit Planned Over Lack Of Pollution Discharge Permit For USFWS’ Leavenworth Hatchery

Conservationists have announced plans to sue the U.S. Fish and Wildlife Service for failing to have a pollution discharge permit for the Leavenworth National Fish Hatchery in central Washington.

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Group Announces Intent To Sue Over Deschutes Dam Management Regarding ESA-Listed Oregon Spotted Frog

The Center for Biological Diversity this week submitted a formal notice of intent to sue the Bureau of Reclamation over operation and maintenance of Central Oregon’s Crane Prairie and Wickiup dams, contending they are harming the Oregon spotted frog on the Deschutes River.

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USFWS Releases For Public Comment Implementation Plans For Recovering Bull Trout In Northwest

The U.S. Fish and Wildlife Service recently released a series of implementation plans for recovering threatened bull trout across five states in the Northwest, but conservationists involved with bull trout litigation for more than 20 years say the measures still appear to come up short of their expectations.

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Tribes Appeal Rule On Oil Train Standards, Say Fails To Address Environmentally Sensitive Areas

Columbia Basin tribes appealed June 5 the U.S. Department of Transportation’s standards for oil tank cars and first responder notification.

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Harvest/River Managers Approve Tribal Gillnet Fishery Above Bonneville Dam

The two-state Columbia River Compact, made up of Oregon and Washington fisheries managers, approved on Monday a gillnet spring fishery in Zone 6 (Bonneville through John Day pools) for treaty tribes.

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Opponents Of Lower Snake Dredging Plan Continue To Press Case With Motion For Summary Judgement

Plaintiffs in ongoing litigation over dredging to maintain navigation operations in the Lower Snake River corridor are continuing to press their claims that the U.S. Army Corps of Engineers have failed to comply with federal law.

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Federal Judge Allows Corps’ Cormorant Culling Plan To Proceed In Columbia River Estuary

A motion for a preliminary injunction to stop the U.S. Army Corps of Engineers plan to begin the first year of its four-year plan to ultimately cull up to 11,000 breeding pairs of double-crested cormorants from East Sand Island in the lower Columbia River estuary was denied last Friday (May 8) in federal court.

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Salmon BiOp Litigation: Federal Agencies, Supporters File Flurry Of Briefs At Deadline

There was a flurry of activity this week related to litigation over a 2014 Biological Opinion for salmon and steelhead in the Columbia River system, as defendant agencies led by the National Marine Fisheries Service filed briefs to meet a Wednesday deadline for doing so.

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Montana Governor Signs Legislation Implementing Salish/Kootenai Tribes’ Water Rights Pact

Montana Gov. Steve Bullock signed legislation into law on April 24 that will implement a water rights compact for the Confederated Salish and Kootenai Tribes, despite a lingering lawsuit that sought to prevent him from doing so.

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Flathead Reservation Irrigators File Lawsuit Challenging Tribes’ Water Rights Compact

Less than a week after the Montana Legislature passed a water rights compact for the Confederated Salish and Kootenai Tribes, a group of Flathead Reservation irrigators filed a lawsuit challenging the validity of the Legislature’s actions.

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USFWS Grants Corps One-Year Depredation Permit To Begin Culling Columbia Estuary Cormorants

A one-year permit that will allow the U.S. Army Corps of Engineers to carry out the first year of its plan to significantly cull the East Sand Island population of double-crested cormorants in order to reduce the birds’ predation on juvenile salmon was approved this week by the U.S. Fish and Wildlife Service.

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Confederated Salish/Kootenai Tribes’ Water Rights Compact Legislation Clears Montana Legislature

Despite determined efforts to block or amend a controversial water rights compact for the Confederated Salish and Kootenai Tribes, the compact was passed by the Montana House of Representatives Wednesday.

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Huge Turnout Expected For Montana Legislature’s Hearing On Tribes’ Historic Water Rights Compact

A water rights compact for Confederated Salish and Kootenai Tribes is approaching a culmination for its tumultuous trip through the Montana Legislature.

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Salmon BiOp Case: Feds File Cross-Motion Following Challengers’ Request For Summary Judgement

Since the plaintiffs in a long-running legal battle over salmon and steelhead recovery plans for the Columbia River Basin filed for an expedient conclusion to the case last December, the federal government and supporting parties have been seeking summary judgement since March 6.

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Washington Appeals Court Rules Against Gill-Netters On Challenge To New Harvest Rules

A bid by commercial fishing interests to reverse Washington management direction aimed at eliminating gill-net salmon fishing on the lower mainstem Columbia River was thwarted last week by a state appeals court.

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Feds Disapprove Oregon’s Coastal Nonpoint Pollution Control Program; Needs More Salmon Protection

The U.S. Environmental Protection Agency and the National Oceanic and Atmospheric Administration have disapproved the state of Oregon’s coastal nonpoint pollution control program because it does not sufficiently protect salmon streams and landslide-prone areas from logging impacts or reduce runoff from forest roads built before 1971.

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Flathead Water Rights Compact Headed For Legislative Battle, Impacts 11 Western Montana Counties

So far, things have been relatively quiet at the Montana Legislature when it comes to a water rights compact for the Confederated Salish and Kootenai Tribes, but that is likely to change soon.

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Obama Designates Alaska’s Bristol Bay As Off Limits To Future Oil, Gas Drilling

President Obama this week designated the waters of Alaska’s Bristol Bay as off limits to consideration for oil and gas leasing.

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Long-Term Sediment Management Plan For Lower Snake River Approved; Maintenance Dredging Set

The U.S. Army Corps of Engineers’ top Northwestern Division official on Nov. 14 signed two “records of decision” that will trigger long-delayed dredging of the lower Snake River federal navigation channel and provide a long-term game plan for management of sediment that, over time, clogs commercial traffic headed towards ports at the Idaho-Washington border.

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State Of Oregon Again Joins Plaintiffs In Challenging Feds’ Columbia Basin Salmon/Steelhead Plan

A number of familiar adversaries, including the state of Oregon, have told Oregon’s U.S. District Court that they will join the recently resumed fight over the legality of the federal government’s strategy for assuring Federal Columbia River Power System operations avoid jeopardizing protected salmon and steelhead.

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Court Signs Agreement Restoring Expanded No-Spray Buffer To Protect Salmon From Five Pesticides

Under a settlement agreement signed Aug. 15 by U.S. District Court Judge Thomas Zilly, conditions ordered by the court in 2004 would be restored that impose expanded no-spray buffer zones around waterways to protect imperiled salmon and steelhead from five toxic pesticides.

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Groups File Challenge Against New Federal Columbia Basin Salmon/Steelhead Recovery Plan

Fishing and conservation groups this week announced intentions to seek a legal declaration that the federal government’s plan to protect threatened and endangered Columbia and Snake river salmon and steelhead fails to achieve dictates of the Endangered Species Act.

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Proposed Legal Settlement Would Return No-Spray Zones To Protect Salmon/Steelhead From Pesticides

Under a proposed legal settlement announced Wednesday, court ordered “no-spray buffer zones” from years ago would be restored with the goal of protecting West Coast salmon and steelhead from the potential impacts of five pesticides – diazinon, chlorpyrifos, malathion, carbaryl, and methomyl – commonly used to ward off insect damage to agricultural crops and other vegetation.

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Under Court Settlement WDFW Ceases Hatchery Steelhead Plantings In All Puget Sound Rivers Except One

The Washington Department of Fish and Wildlife and the Wild Fish Conservancy announced last week the federal court approval of a jointly submitted “consent decree” that calls for a cessation of so-called “Chambers Creek” hatchery steelhead into Puget Sound tributaries over the next 2½ years, with a lone exception, the Skykomish River.

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Columbia-Snake River Irrigators Want ‘God Squad’ Convened To Assess Basin Salmon Recovery

The responsibility of Pacific Northwest electricity consumers to pay for a plan to restore threatened and endangered salmon runs has been stretched beyond reasonable limits, according to letter sent this month asking that the governors of Idaho, Montana, Oregon and Washington demand a “God Squad” assessment of the situation.

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In Wake Of Complaint Alleging ESA Violations, WDFW Holds Off Steelhead Hatchery Releases

The Washington Department of Fish and Wildlife announced Tuesday that it will not release some 900,000 juvenile early winter hatchery steelhead into rivers around Puget Sound as planned this spring “unless it can resolve issues raised in January by the Wild Fish Conservancy and restated in a lawsuit the group filed this week.”

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Fishing/Conservation Groups File Sue Notice On Challenging Salmon BiOp In Ninth Circuit

Six fishing and conservation groups – all involved in long-running litigation in the past that has challenged the federal salmon protection plans for the Columbia River basin – on March 24 mailed a 60-day notice of their intent to sue the Bonneville Power Administration’s official adoption of the latest government strategy.

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Sport Fishing Interests Oppose Proposal To Gill-Net Flathead Lake Trout, Oppose State Involvement

Opposition to gill netting lake trout on Montana’s Flathead Lake, and any state involvement with netting, continues to take shape.

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Klamath Basin Water/Natural Resource Management Agreement Struck; Goes To Tribes, Irrigators

The Klamath Tribes, the U.S. Department of the Interior, Oregon Gov. John Kitzhaber, Oregon U.S. Sens. Ron Wyden and Jeff Merkley and upper Klamath River basin irrigators announced Wednesday that they have completed negotiations on the Upper Klamath Basin Comprehensive Agreement.

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Groups Seek Court Order To Halt Oregon’s Sandy River Hatchery Releases Until New EIS, BiOp

To help cure what they say is certain harm to wild salmon and steelhead, fish conservation groups last week asked a federal court to order the state of Oregon to end releases of juvenile fish into the Sandy River, at least for now, and enjoin NOAA Fisheries from dispersing federal funds that help hatchery operations in the northwest Oregon river basin.

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Congressional ESA ‘Working Group’ Issues Final Recommendations For Changing Endangered Species Act

The Endangered Species Act Congressional Working Group, led by U.S. Rep. Doc Hastings, R-WA, today released its final Report, Findings and Recommendations http://esaworkinggroup.hastings.house.gov/uploadedfiles/finalreportandrecommendations-113.pdf.

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With Release Of New Salmon BiOp, Columbia Basin Stakeholders Still Divided Over Federal Approach

Longstanding disagreements remain, as Columbia River basin stakeholders – power users, salmon protectors, irrigators, navigators and others – consider the latest plan for assuring federal hydro projects on the Columbia and Snake rivers avoid jeopardizing protected salmon and steelhead populations.

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Salmon Recovery Assessment: Who Leads The Long-Term Way? A Re-Defined NW Power/Conservation Council?

Do Columbia/Snake river basin salmon recovery efforts need a “champion”? And could that champion be the Northwest Power and Conservation Council?

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Sea Lion Killings Upheld: ‘We Cannot Say Agency Has Failed To Articulate Satisfactory Explanation’

A federal appeals court last week ruled that a five-year plan to remove salmon-eating California sea lions from the Columbia River abides by federal laws aimed at protecting both fish and the big marine mammals.

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Washington Judge Rejects Challenge To State’s New Policy Banning Gill-Nets In Lower Columbia

Challenges to the legality of mainstem Columbia River gill-net fishing restrictions recently approved by the states of Oregon and Washington continue through court processes, with Washington’s Thurston County Superior Court on Aug. 23 dismissing a request that the new policy be thrown out.

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Groups Give Notice To Sue Over ‘Failure To Promulgate’ Water Quality Standards In Washington State

Water quality and the notorious “fish consumption rate” took center stage in Washington and poked its head up in Idaho this week, and continues on hold in Oregon where the nation’s toughest pollution controls took effect in 2011.

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With Summer Fish Returns Running Behind, Snake River Sockeye ESA Limits Reduce Tribes’ Fishing Time

With both sockeye and summer chinook counts at the lower Columbia River’s Bonneville Dam “tracking behind expectations,” treaty tribes scaled back commercial fishing requests to avoid impacts on, particularly, a sockeye salmon return that includes fish from the Snake River basin that are protected under the Endangered Species Act.

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Delayed Gill-Net Ban Litigation Awaits Oregon Decision

A plan to revisit recently adopted Columbia River salmon harvest rules – which aim to phase out commercial use of gill nets on the mainstem and provide a bigger share of fish to recreational fishers — has been pushed back by the Oregon Fish and Wildlife Commission to allow additional time for public input.

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USFWS Puts Two Plants Along Columbia River, Hanford Reach Under ESA Protections

The Umtanum desert buckwheat and the White Bluffs bladderpod may become threatened with extinction in the forseeable future, the U.S. Fish and Wildlife Service announced this week.

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