Case about the federal government’s failure to protect salmon (and the southern resident orcas that depend on salmon) from hot water.
For Immediate Release
Ninth Circuit Appeals Court Reviews Columbia and Snake River Temperature Pollution Debate:
Columbia Basin salmon and steelhead still need protection from dangerously warm river temperatures
- WHO: The U.S. EPA is appealing a lower court order requiring additional protections for Columbia and Snake river salmon and steelhead in a case brought by a coalition of fishing and environmental groups.
- WHAT: The Ninth Circuit Court of Appeals will hear oral arguments about whether the EPA is doing enough to protect Columbia and Snake river salmon and steelhead from dangerously warm water. In 2018, a federal district court ruled that EPA violated the Clean Water Act by failing to produce a plan to address water temperature pollution in the Columbia and Snake.
- WHY: The lawsuit was sparked by record-high water temperatures in recent summers, including an incident in 2015 when 250,000 adult sockeye salmon died because the Columbia and Snake rivers became too warm. Warm water, caused by large, shallow reservoirs and intensifying climate change, poses and increasingly serious threat to Columbia and Snake rivers’ already imperiled salmon and steelhead.
- WHEN: Monday, August 26, 2019, 9:30 a.m.
- WHERE: U.S. Court of Appeals for the Ninth Circuit William K. Nakamura U.S. Courthouse 1010 Fifth Avenue, 7th Floor Courtroom 2, Seattle WA 98104.
- HOW: Live stream here: https://www.ca9.uscourts.gov/media/live_oral_arguments.phpRecorded audio and video here: https://www.ca9.uscourts.gov/media/
More information
Columbia Riverkeeper (columbiariverkeeper.org), Snake River Waterkeeper (snakeriverwaterkeeper.org), Idaho Rivers United (idahorivers.org), Pacific Coast Federation of Fishermen’s Associations (pcffa.org), and the Institute for Fisheries Resources (ifrfish.org) are represented by the law firm Advocates for the West (advocateswest.org). Advocates for the West litigates to protect western public lands, waters, and wildlife.
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Resources:
- Judge Orders EPA to Protect Columbia Basin Salmon, October 17, 2018
- Temperature TMDL Decision, October 17, 2018
- Press Release, Groups Filed the First Lawsuit Against Scott Pruitt as EPA Administrator to Force Him to Protect Salmon from Hot Water and Climate Change, February 27, 2017
- Photos from 2015 sockeye available here
Background
The Clean Water Act bans Columbia River temperatures over 68 degrees Fahrenheit. When water temperatures reach the 70s, salmon die. In 2003, EPA studied the causes of hot water in the Columbia and Snake rivers and began developing a legally enforceable plan to fix the problem. But dam operators objected and the plan was shelved. Why? EPA found that dams are the main cause of temperature problems.
What is the Law?
The Clean Water Act prohibits temperature in the Columbia River from exceeding 68 degrees. The Endangered Species Act is designed to protect critically imperiled species from extinction. But the government agencies in charge of the Columbia and Snake river dams aren’t obeying the law. Riverkeeper’s lawsuit alleges that EPA is legally obligated to write a plan to bring the rivers’ temperature back in line with the needs of salmon—and the requirements of the Clean Water Act. Learn more
Fighting to protect salmon from hot water and climate change.
