Audubon Society of Portland et al v. U.S. Army Corps Of Engineers et al
| Animal Legal Defense Fund, Audubon Society of Portland, Center For Biological Diversity, Friends of Animals and Wildlife Center of the North Coast |
| U.S. Army Corps Of Engineers, U.S. Fish and Wildlife Service and USDA Wildlife Services |
| Confederated Tribes and Bands of the Yakama Nation |
| Confederated Tribes of the Colville Reservation, Confederated Tribes of the Umatilla Indian Reservation and Confederated Tribes of the Warm Springs Reservation of Oregon |
| Northwest RiverPartners |
| 3:2015cv00665 |
| April 20, 2015 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Environmental Matters |
| 05 U.S.C. ยง 551 Administrative Procedure Act |
| None |
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Filing
127
Opinion and Order - Plaintiffs' Motion for Summary Judgment (ECF 78 ) is GRANTED IN PART AND DENIED IN PART. The Federal Defendants' Motion for Summary Judgment (ECF 85 ) and RiverPartners' Motion for Summary Judgment (ECF 84 ) are GRANTED IN PART AND DENIED IN PART. The Court grants summary judgment in favor of Plaintiffs on Claim One and in favor of Defendants on all remaining Claims. For Claim One, the Court finds that the Corps and FWS violated NEPA by failing properly to c onsider reasonable alternatives in developing the management plan for Double-crested Cormorants. The Court, however, leaves the Double-crested Cormorant plan and challenged Records of Decision in place because the plan provides some benefit to salmonids that are listed as endangered or threatened under the Endangered Species Act, whereas Double-crested Cormorants are not listed as either endangered or threatened. Signed on 8/31/2016 by Judge Michael H. Simon. (mja)
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