Fishing, Conservation Groups Return to Court to Challenge Latest Failed Plan for Columbia-Snake Salmon
For Immediate Release
The legal battle continues after latest federal plan approves status quo hydro operations
Portland, OR – Today, Earthjustice on behalf of a coalition of fishing and conservation groups returned to court to challenge the latest federal plan for hydropower operations on the Snake and Columbia Rivers. This latest plan was developed in a rush by the outgoing Trump administration and it green-lights essentially the same operations the courts have consistently rejected for more than two decades and through a half dozen different failed efforts. This is the eighth incarnation of this long legal fight to restore endangered salmon and steelhead.
Some $15 billion has been spent on the multiple inadequate federal efforts to protect salmon under the previous illegal plans and not one species has recovered.
In this legal challenge, the fishing and conservation groups will also bring claims against Trump administration rollbacks to the Endangered Species Act regulations, changes that a coalition of states and conservation organizations have also challenged in separate cases. The latest federal plan for dam operations relies on these new weakened regulations to support its conclusions.
In this case, Earthjustice represents American Rivers, Idaho Rivers United, Institute for Fisheries Resources, NW Energy Coalition, Northwest Sportfishing Industry Association, Pacific Coast Federation of Fishermen’s Associations, Sierra Club, National Wildlife Federation, Columbia Riverkeeper, and Idaho Conservation League.
The following are statements from the lawyers and plaintiff groups:
“I want to make this clear: We would rather not be going to court today but the outgoing administration has given us no choice. We’d rather be working together -- with tribes, scientists, fishing businesses, farmers, freight industry, and our elected leaders in Congress -- to develop a comprehensive solution that includes restoring a free-flowing lower Snake River. But the Trump administration ignored the science and the voices of hundreds of thousands in the Pacific Northwestrubber-stamping a plan that yet again fails to take the actions necessary to protect salmon and steelhead. We have no choice but to challenge this failure of a plan.” —Todd True, Earthjustice attorney representing the groups.
“The Trump administration has failed Northwest salmon, tribes, fishing business, and orcas. Like past plans, this one will not recover abundant salmon runs. While today’s legal action is necessary to protect our iconic species and salmon cultures from extinction, we desperately need Members of Congress from Oregon, Washington, and Idaho to engage to secure an inclusive, regional solution.” — Brett VandenHeuvel, Executive Director, Columbia Riverkeeper
The Columbia River Basin was once among the greatest salmon-producing river systems in the world. But all remaining salmon on its largest tributary, the Snake River, are facing extinction. Four aging dams in Washington—Ice Harbor, Little Goose, Lower Monumental, Lower Granite —block passage along the lower Snake River, a major migration corridor linking pristine cold-water streams in central Idaho to the mighty Columbia River and out to the Pacific Ocean. Scientists say restoring the lower Snake River by taking out the dams is the single best thing we can do to save the salmon.
Migrating through the dams is difficult for the fish, but rising water temperatures caused by the slackwater reservoirs make the passage increasingly deadly. In 2015, some of the earliest and hottest weather on record produced warm river temperatures that killed more than 90% of all adult sockeye salmon returning to the Columbia Basin. In years since, state agencies have had to limit or cancel entire fishing seasons to protect the dwindling fish.
The district court in 2016 found the operation of the hydropower system in violation of the Endangered Species Act and the National Environmental Policy Act and ordered the federal agencies to prepare a new biological opinion and environmental impact statement. The federal action agencies—the Army Corps of Engineers, the Bureau of Reclamation, and the Bonneville Power Administration—issued their Final Environmental Impact Statement for dam operations in July 2020, and the National Oceanic and Atmospheric Administration issued a companion Biological Opinion that found the proposed plan would not jeopardize salmon, steelhead, or orcas.
On September 28, 2020, the action agencies issued a joint Record of Decision, opting to continue a course of action the court has previously found inadequate to comply with the Endangered Species Act.
- Fact Sheet: Why the Restoration of the Lower Snake River is Necessary to Save Wild Salmon
- ECONorthwest Study on Economics of Removing the Lower Snake River Dams
- NW Energy Coalition Study on Replacing the Power of the four Lower Snake River Dams
- Link to Complaint
Columbia Riverkeeper fights to protect salmon from dams, hot water, toxic pollution, and climate change.