Deschutes River Alliance v. Portland General Electric Company
Plaintiff: Deschutes River Alliance
Defendant: Portland General Electric Company
Case Number: 3:2016cv01644
Filed: August 12, 2016
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Michael H. Simon
Nature of Suit: Environmental Matters
Cause of Action: 33 U.S.C. ยง 1365 Environmental Matters
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 25, 2022 Opinion or Order Filing 149 ORDER - Based on the Ninth Circuit's Opinion, the Opinion and Order and the Judgment of this Court, both dated August 3, 2018, (ECF 130 and 131 ) are VACATED. This case is dismissed for failure to join an indispensable party under Rule 19 of the Federal Rules of Civil Procedure. Defendants' motion (ECF 147 ) is DENIED as moot. Signed on 1/25/2022 by Judge Michael H. Simon. (mja)
August 3, 2018 Opinion or Order Filing 128 Opinion and Order - Plaintiff has not shown a genuine dispute of material fact sufficient to support its contention that Defendants are operating the Pelton Round Butte Hydroelectric Project in violation of Conditions C.1, D.1, E.1, or S of the Proj ect's CWA § 401 Certificate. Accordingly, Plaintiff's motion for partial summary judgment (ECF 65 ) is DENIED, and Defendants cross-motions for summary judgment (ECF 86 , ECF 122 ) are GRANTED. This case is dismissed. Signed on 8/3/2018 by Judge Michael H. Simon. (mja)
June 11, 2018 Opinion or Order Filing 103 Opinion and Order - The Tribe is a necessary party in this action, and it is feasible to join the Tribe because Congress has abrogated the Tribe's sovereign immunity against suit under the CWA. Accordingly, the Tribe's motion to dismiss (E CF 72 ) and PGE's motion to dismiss (ECF 74 ) are DENIED, the Tribe shall be joined as a Defendant, and DRA may file an amended complaint within 14 days from the date of this Opinion and Order. Signed on 6/11/2018 by Judge Michael H. Simon. (mja)
March 27, 2017 Opinion or Order Filing 22 Opinion and Order - The Court has subject matter jurisdiction over this action and denies PGE's Motion to Dismiss (ECF 7 ). Signed on 3/27/2017 by Judge Michael H. Simon. (mja)
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Plaintiff: Deschutes River Alliance
Represented By: Daniel M. Galpern
Represented By: J. Douglas Quirke
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Defendant: Portland General Electric Company
Represented By: Michael R. Campbell
Represented By: Beth S. Ginsberg
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