National Wildlife Federation, et al. v. National Marine Fisheries Service, et al.
| NATIONAL WILDLIFE FEDERATION, AMERICAN RIVERS, INC, TROUT UNLIMITED, COLUMBIA RIVERKEEPER, FRIENDS OF THE EARTH, FLY FISHERS INTERNATIONAL, INC., IDAHO CONSERVATION LEAGUE, IDAHO RIVERS UNITED, IDAHO STEELHEAD AND SALMON UNITED, IDAHO WILDLIFE FEDERATION, INSTITUTE FOR FISHERIES RESOURCES, NW ENERGY COALITION, NORTHWEST SPORTFISHING INDUSTRY ASSOCIATION, SALMON FOR ALL, SIERRA CLUB, WASHINGTON WILDLIFE FEDERATION and PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS |
| NATIONAL MARINE FISHERIES SERVICE, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES FISH & WILDLIFE SERVICE and UNITED STATES ARMY CORPS OF ENGINEERS |
| STATE OF OREGON, SPOKANE TRIBE OF INDIANS, FRANKLIN COUNTY FARM BUREAU, GRANT COUNTY FARM BUREAU, WASHINGTON FARM BUREAU, COEUR D ' ALENE TRIBE, NORTHWEST IRRIGATION UTILITIES, an Oregon non-profit corporation, NORTHWEST REQUIREMENTS UTILITIES, PUBLIC POWER COUNCIL INC, STATE OF MONTANA, STATE OF IDAHO, KOOTENAI TRIBE OF IDAHO, CONFEDERATED SALISH AND KOOTENAI TRIBES, INLAND PORTS AND NAVIGATION GROUP, Port of Lewiston; Port of Whitman County, WA; Port of Morrow, OR; Shaver Transportation Company, et al, NORTHWEST RIVERPARTNERS and COLUMBIA-SNAKE RIVER IRRIGATORS ASSOCIATION |
| NATIONAL RURAL ELECTRIC COOPERATIVE ASSOCIATION, NEZ PERCE TRIBE, STATE OF WASHINGTON and CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION |
| 26-1899 |
| March 30, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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| Filing 60 ADDED Counsel for Amicus Curiae - Pending Giulia Good Stefani [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/28/2026 08:13 AM] |
| Filing 59 NOTICE OF APPEARANCE by Giulia Good Stefani for Amicus Curiae - Pending Confederated Tribes and Bands of the Yakama Nation. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/27/2026 05:17 PM] |
| Filing 58 AMICUS BRIEF and MOTION for leave to file amicus brief filed by National Rural Electric Cooperative Association. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/11/2026 01:09 PM] |
| Filing 57 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 55, DE 56 by Not Applicable Public Power Council Inc are filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/11/2026 09:18 AM] |
| Filing 56 EXCERPTS OF RECORD submitted for filing by Not Applicable Public Power Council Inc. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 05:03 PM] |
| Filing 55 OPENING BRIEF submitted for filing by Not Applicable Public Power Council Inc. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 05:00 PM] |
| Filing 54 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 50, DE 51 by Not Applicable Inland Ports and Navigation Group are filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 04:04 PM] |
| Filing 53 DEFECTIVE --- OPENING BRIEF submitted for filing by Appellant State of Idaho. [26-2232, 26-1899, 26-1997, 26-2139, 26-2240]--[Duplicate entry, correct entry is DE 49 in 26-1899] [Entered: 05/08/2026 04:02 PM] [Edited: 05/08/2026 04:08 PM] |
| Filing 52 CLERK ACTION: Joint Opening Brief submitted at DE 49 by Not Applicable State of Idaho and State of Montana is filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 04:03 PM] [Edited: 05/11/2026 02:05 PM] |
| Filing 51 EXCERPTS OF RECORD submitted for filing by Not Applicable Inland Ports and Navigation Group. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 03:57 PM] |
| Filing 50 OPENING BRIEF submitted for filing by Not Applicable Inland Ports and Navigation Group. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 03:56 PM] |
| Filing 49 OPENING BRIEF submitted for filing by Not Applicable State of Idaho. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 03:30 PM] |
| Filing 48 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 46, DE 47 by Appellant National Marine Fisheries Service are filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/06/2026 09:53 AM] |
| Filing 47 EXCERPTS OF RECORD submitted for filing by Appellant National Marine Fisheries Service. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240]--[COURT UPDATE: Corrected PDF of index attached as of 5/6/2026, REPLACING original attachment] [Entered: 05/04/2026 07:02 PM] [Edited: 05/06/2026 09:52 AM] |
| Filing 46 OPENING BRIEF submitted for filing by Appellant National Marine Fisheries Service. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/04/2026 06:49 PM] |
| Filing 45 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 20) filed by Appellant Inland Ports and Navigation Group. [Entered: 04/30/2026 03:42 PM] |
| Filing 44 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 27) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/27/2026 04:22 PM] |
| Filing 43 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 27) filed by Appellee State of Oregon. [Entered: 04/27/2026 01:35 PM] |
| Filing 42 ADDED Amicus Curiae - Pending State of Washington, Amicus Curiae - Pending Confederated Tribes and Bands of the Yakama Nation, Counsel for Amicus Curiae - Pending Kathryn Marckworth, Counsel for Amicus Curiae - Pending John Heidinger [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/27/2026 09:10 AM] |
| Filing 41 REPLY to Response to Motion to Assign Case to Prior Panel (DE 13) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [26-1997, 26-1899, 26-2139, 26-2232, 26-2240] [Entered: 04/24/2026 03:25 PM] |
| Filing 40 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 29) filed by Appellant National Marine Fisheries Service, Appellant United States Bureau of Reclamation, Appellant United States Fish & Wildlife Service, Appellant United States Army Corps of Engineers. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/24/2026 02:04 PM] |
| Filing 39 AMICUS BRIEF and MOTION for leave to file amicus brief filed by State of Washington. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240]--[Court Update: Separated motion and brief] [Entered: 04/24/2026 01:47 PM] [Edited: 04/27/2026 08:59 AM] |
| Filing 38 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Confederated Tribes and Bands of the Yakama Nation. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/24/2026 01:44 PM] |
| Filing 37 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [26-1997, 26-1899, 26-2139, 26-2232, 26-2240] [Entered: 04/23/2026 07:14 PM] |
| Filing 35 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee State of Oregon. [Entered: 04/23/2026 03:20 PM] |
| Filing 34 ADDED Amicus Curiae - Pending Nez Perce Tribe, Counsel for Amicus Curiae - Pending David James Cummings, Counsel for Amicus Curiae - Pending Jane Garrett Steadman [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/23/2026 08:28 AM] |
| Filing 33 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Nez Perce Tribe. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/23/2026 08:06 AM] |
| Filing 32 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by Nez Perce Tribe. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240]--[Motion required, correct entry is DE 33] [Entered: 04/22/2026 02:05 PM] [Edited: 04/23/2026 08:29 AM] |
Filing 31
ORDER FILED. These appeals are consolidated. The following coordinated briefing schedule shall govern these consolidated appeals: In Appeal No. 26-1899, the federal defendants-appellants opening brief shall be filed by May 4, 2026. In Appeal Nos. 26-1997, 26-2240, 26-2139, and 26-2232, the intervenor-defendants-appellants opening briefs shall be filed by May 8, 2026. In all appeals, Amici briefs aligned with appellants shall be submitted by May 11, 2026. In all appeals, the answering briefs shall be filed by June 5, 2026. In all appeals, Amici briefs aligned with appellees shall be submitted by June 12, 2026. In all appeals, reply briefs shall be filed by June 26, 2026. [26-1997, 26-1899, 26-2139, 26-2232, 26-2240] [Entered: 04/21/2026 03:15 PM]
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Filing 30
ORDER FILED. By April 27, 2026, plaintiffs-appellees may file a response to the April 16, 2026, response of the Public Power Council to the motion to stay. [Entered: 04/21/2026 02:46 PM]
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| Filing 29 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 8) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [Entered: 04/17/2026 04:57 PM] |
| Filing 28 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 8) filed by Appellee State of Oregon. [Entered: 04/17/2026 01:45 PM] |
| Filing 27 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 8) filed by Appellee Public Power Council Inc. [Entered: 04/16/2026 03:59 PM] |
| Filing 36 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Not Applicable Kootenai Tribe of Idaho. [COURT ENTERED-Filing from DE#10] [Entered: 04/23/2026 04:46 PM] |
| Filing 26 REPLY to Response to Motion to Assign Case to Prior Panel (DE 18) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [Entered: 04/14/2026 05:28 PM] |
| Filing 25 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Northwest RiverPartners. [Entered: 04/14/2026 01:10 PM] |
| Filing 24 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Confederated Salish and Kootenai Tribes. [Entered: 04/14/2026 12:41 PM] |
| Filing 23 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Kootenai Tribe of Idaho. [COURT ENTERED FILING to correct DE 22.] [Entered: 04/14/2026 10:53 AM] |
| Filing 22 DEFECTIVE---MEDIATION QUESTIONNAIRE filed by Appellee Kootenai Tribe of Idaho. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Wrong filing type used, correct entry is DE 23.] [Entered: 04/14/2026 10:33 AM] [Edited: 04/14/2026 10:54 AM] |
| Filing 21 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [Entered: 04/13/2026 04:42 PM] |
| Filing 20 STATUS REPORT filed by Appellant National Marine Fisheries Service, Appellant United States Bureau of Reclamation, Appellant United States Fish & Wildlife Service, Appellant United States Army Corps of Engineers. [Entered: 04/13/2026 04:27 PM] |
| Filing 19 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee State of Oregon. [Entered: 04/13/2026 04:22 PM] |
| Filing 18 RESPONSE to Motion to Assign Case to Prior Panel (DE 4) filed by Appellant National Marine Fisheries Service, Appellant United States Bureau of Reclamation, Appellant United States Fish & Wildlife Service, Appellant United States Army Corps of Engineers. [Entered: 04/11/2026 02:48 PM] |
| Filing 17 MOTION to Extend Time to Respond to Motion to Assign Appeal as a Comeback Case (DE 4.1) filed by Appellant National Marine Fisheries Service, Appellant United States Bureau of Reclamation, Appellant United States Fish & Wildlife Service, Appellant United States Army Corps of Engineers. [Entered: 04/11/2026 02:43 PM] |
| Filing 16 NOTICE OF APPEARANCE by Jay D. Weiner for Appellee State of Montana. [Entered: 04/10/2026 10:26 AM] |
| Filing 15 NOTICE OF APPEARANCE by Jay D. Weiner for Appellee State of Montana. [Entered: 04/10/2026 10:15 AM] |
| Filing 14 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Amicus Curiae - Pending National Rural Electric Cooperative Association. [Entered: 04/09/2026 11:17 AM] |
| Filing 13 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Northwest Irrigation Utilities, Appellee Northwest Requirements Utilities. [Entered: 04/09/2026 10:42 AM] |
| Filing 12 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Northwest Irrigation Utilities, Appellee Northwest Requirements Utilities. [Entered: 04/09/2026 10:40 AM] |
| Filing 11 ADDED Amicus Curiae - Pending National Rural Electric Cooperative Association, Counsel for Amicus Curiae - Pending Michael B. Schon [Entered: 04/09/2026 09:40 AM] |
| Filing 10 MOTION to Consolidate filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [Entered: 04/08/2026 02:29 PM] |
| Filing 9 AMICUS BRIEF and MOTION for leave to file amicus brief filed by National Rural Electric Cooperative Association. [Entered: 04/08/2026 02:25 PM] |
| Filing 8 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant National Marine Fisheries Service, Appellant United States Bureau of Reclamation, Appellant United States Fish & Wildlife Service, Appellant United States Army Corps of Engineers. [Entered: 04/07/2026 02:07 PM] |
| Filing 7 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 04/06/2026 02:49 PM] |
| Filing 6 MEDIATION QUESTIONNAIRE filed by Appellant National Marine Fisheries Service, Appellant United States Bureau of Reclamation, Appellant United States Fish & Wildlife Service, Appellant United States Army Corps of Engineers. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 04/06/2026 09:21 AM] |
| Filing 5 Attorney Rolf Christen Moan as Counsel for Appellee substituted for Attorney Christina L. Beatty-Walters, Austin David Saylor. [Entered: 03/31/2026 10:09 AM] |
| Filing 4 MOTION to Assign Case to Prior Panel filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermens Association, Appellee Sierra Club. [Entered: 03/31/2026 09:30 AM] |
| Filing 3 NOTICE OF APPEARANCE by Rolf Christen Moan for Appellee State of Oregon replacing Christina L. Beatty-Walters, Austin David Saylor. [Entered: 03/31/2026 09:26 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/6/2026, Preliminary Injunction Answering Brief Due (Appellee) 5/26/2026, Preliminary Injunction Opening Brief Due (Appellant) 4/27/2026. For appeal no. 26-1899, 3:01-cv-00640-SI.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 03/30/2026 09:55 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:01-cv-00640-SI has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-1899 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/30/2026 09:34 AM] |
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