National Wildlife Federation, et al. v. United States Bureau of Reclamation, et al.
| NATIONAL WILDLIFE FEDERATION, TROUT UNLIMITED, AMERICAN RIVERS, INC, FRIENDS OF THE EARTH, COLUMBIA RIVERKEEPER, IDAHO CONSERVATION LEAGUE, FLY FISHERS INTERNATIONAL, INC., IDAHO RIVERS UNITED, IDAHO STEELHEAD AND SALMON UNITED, IDAHO WILDLIFE FEDERATION, INSTITUTE FOR FISHERIES RESOURCES, NW ENERGY COALITION, NORTHWEST SPORTFISHING INDUSTRY ASSOCIATION, PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, SALMON FOR ALL, SIERRA CLUB and WASHINGTON WILDLIFE FEDERATION |
| UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES FISH & WILDLIFE SERVICE and NATIONAL MARINE FISHERIES SERVICE |
| STATE OF OREGON, SPOKANE TRIBE OF INDIANS, COEUR D ' ALENE TRIBE, PUBLIC POWER COUNCIL INC, FRANKLIN COUNTY FARM BUREAU, GRANT COUNTY FARM BUREAU, WASHINGTON FARM BUREAU, NORTHWEST IRRIGATION UTILITIES, NORTHWEST REQUIREMENTS UTILITIES, STATE OF MONTANA, STATE OF IDAHO, KOOTENAI TRIBE OF IDAHO, CONFEDERATED SALISH AND KOOTENAI TRIBES, INLAND PORTS AND NAVIGATION GROUP, NORTHWEST RIVERPARTNERS and COLUMBIA-SNAKE RIVER IRRIGATORS ASSOCIATION |
| NEZ PERCE TRIBE, STATE OF WASHINGTON and CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION |
| 26-2139 |
| April 8, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
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| Document Text |
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| Filing 43 EXCERPTS OF RECORD submitted for filing 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: 06/05/2026 06:06 PM] |
| Filing 42 ANSWERING BRIEF submitted for filing 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: 06/05/2026 05:54 PM] |
| Filing 41 Attorney Marshall Wherry Toryanski as Counsel for Intervenor substituted for Attorney Cherese D. McLain. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 06/01/2026 08:02 AM] |
| Filing 40 NOTICE OF APPEARANCE by Marshall Wherry Toryanski for Not Applicable State of Idaho replacing Cherese D. McLain. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 06/01/2026 07:24 AM] |
| Filing 39 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 38 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 37 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 36 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 34, DE 35 by Appellant Public Power Council Inc, 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 35 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 34 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 33 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 29, DE 30 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 32 CLERK ACTION: Joint Opening Brief submitted at DE 28 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 02:08 PM] |
| Filing 31 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 30 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 29 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 28 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 27 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 25, DE 26 by Appellant National Marine Fisheries Service, Not Applicable 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 26 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 25 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 24 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 23 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 22 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 21 ADDED Amicus Curiae - Pending Confederated Tribes and Bands of the Yakama Nation, Counsel for Amicus Curiae - Pending John Heidinger, Amicus Curiae - Pending State of Washington, Counsel for Amicus Curiae - Pending Kathryn Marckworth [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/27/2026 09:10 AM] |
| Filing 20 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 19 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 18 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 17 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 16 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 14 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 13 ADDED Amicus Curiae - Pending Nez Perce Tribe, Counsel for Amicus Curiae - Pending Jane Garrett Steadman, Counsel for Amicus Curiae - Pending David James Cummings [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/23/2026 08:28 AM] |
| Filing 12 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 11 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 10
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 15 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 9 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Confederated Salish and Kootenai Tribes. [Entered: 04/14/2026 01:01 PM] |
| Filing 8 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 04/14/2026 12:12 PM] |
| Filing 7 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 10:50 AM] |
| Filing 6 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 7.] [Entered: 04/14/2026 10:30 AM] [Edited: 04/14/2026 10:51 AM] |
| Filing 5 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 04:52 PM] |
| Filing 4 MEDIATION QUESTIONNAIRE filed by Appellant Public Power Council Inc. 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: 04/13/2026 04:50 PM] |
| Filing 3 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Public Power Council Inc. [Entered: 04/13/2026 04:48 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Answering Brief Due (Appellee) 6/3/2026, Mediation Questionnaire due (Appellant) 4/13/2026, Preliminary Injunction Opening Brief Due (Appellant) 5/6/2026. For appeal no. 26-2139, 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: 04/08/2026 12:00 PM] |
| 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 26-2139 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: 04/08/2026 11:50 AM] |
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