National Wildlife Federation et al v. National Marine Fisheries Service et al
| American Rivers, Inc., Columbia Riverkeeper, Federation of Fly Fishers, Friends of the Earth, Idaho Rivers United, Idaho Steelhead and Salmon United, Idaho Wildlife Federation, Institute for Fisheries Resources, NW Energy Coalition, National Wildlife Federation, Northwest Sport Fishing Industry Association, Pacific Coast Federation of Fishermen's Associations, Salmon for All, Sierra Club, Trout Unlimited and Washington Wildlife Federation |
| National Marine Fisheries Service, State of Washington, U.S. Army Corps Of Engineers, U.S. Bureau of Reclamation and United States Army Corps of Engineers |
| Aaron C. Courtney |
| BPA Customer Group, Franklin County Farm Bureau Federation, Grant County Farm Bureau Federation, Kootenai Tribe of Idaho, Northwest Irrigation Utilities, Northwest River Partners, Public Power Council, State of Idaho, State of Montana and Washington Farm Bureau Federation |
| Center for Tribal Water Advocacy, Columbia-Snake River Irrigators Association, Confederated Tribes and Bands of the Yakama Nation, Confederated Tribes of the Colville Reservation, Confederated Tribes of the Siletz Indians, Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of the Warm Springs Reservation of Oregon, Eastern Oregon Irrigators Association, Inland Ports and Navigation Group, Nez Perce Tribe, Northwest Power and Conservation Council, Pacific Northwest Generating Cooperative, Spokane Tribe of Indians and Washington State Potato Commission |
| Clarkston Golf & Country Club |
| Confederated Salish and Kootenai Tribes and Joseph P. Hovenkotter |
| Stephen H. Suagee |
| John B Arum |
| Dr. Howard F. Horton, Ph.D. |
| Timothy M. Sullivan |
| Shannon D. Work |
| State of Oregon |
| Matthew A. Love |
| Sheila D. Lynch |
| 3:2001cv00640 |
| August 2, 2011 |
| US District Court for the District of Oregon |
| Portland Office |
| James A. Redden |
| Environmental Matters |
| 16 U.S.C. ยง 1538 Endangered Species Act |
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Filing
2415
ORDER STAYING LITIGATION - For the reasons stated by the parties, the Court GRANTS the parties' Joint Motion to Stay Litigation (ECF 2411 ). The Court DENIES WITHOUT PREJUDICE AND WITH LEAVE TO RENEW Plaintiffs' Corrected Motion fo r Preliminary Injunction ( 2390 ) and the State of Oregon's Corrected Motion for Preliminary Injunction (]2392]). The Court DENIES AS MOOT AND SUPERSEDED Plaintiffs' Motion for Preliminary Injunction ( 2373 ) and the State of Oregon's Motion for Preliminary Injunction ( 2382 ). The Court STAYS this litigation until July 31, 2022. Not later than July 31, 2022, the parties shall jointly file a status report. Signed on 10/26/2021 by Judge Michael H. Simon. (mja)
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Filing
2394
ORDER - The Court GRANTS Intervenor CSRIA's Motion to Amend Answer and Cross Claim (ECF 2366 ). The Court also GRANTS the Federal Defendants' Motion to Dismiss CSRIA's Cross Claim (ECF 2362 ), applying the motion against CSRIA's Amended Cross Claim. Signed on 8/12/2021 by Judge Michael H. Simon. (mja)
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Filing
2194
Amended Opinion and Order - The motions for injunctive relief requested by Plaintiffs, including Oregon, (ECF 2112 and 2114 ) are GRANTED IN PART, as set forth in this Amended Opinion and Order. The Court intends to hold periodic status conference s regarding the increased spill that must take place in 2018 and its related planning before then. Within 28 days, the parties shall confer and file with the Court their joint or separate recommendations for a schedule of periodic status conferences. Signed on 4/3/2017 by Judge Michael H. Simon. (mja)
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Filing
2190
Opinion and Order - The motions for injunctive relief requested by Plaintiffs, including Oregon, (ECF 2112 and 2114 ) are GRANTED IN PART, as set forth in this Opinion and Order. The Court intends to hold periodic status conferences regarding the increased spill that must take place in 2018 and its related planning before then. Within 28 days, the parties shall confer and file with the Court their joint or separate recommendations for a schedule of periodic status conferences. Signed on 3/27/2017 by Judge Michael H. Simon. (mja)
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Filing
2065
Opinion and Order - Plaintiffs' motions for summary judgment (Dkts. 1976 and 1985 ) are GRANTED IN PART AND DENIED IN PART. Plaintiffs' motions are granted with respect to their claims that NOAA Fisheries violated the ESA and APA in dete rmining in the 2014 BiOp that the RPA does not jeopardize the listed species and that the Corps and BOR violated NEPA. The Federal Defendants' and Intervenor-Defendants' motions for summary judgment (Dkts. 1997 , 2001 , 2009 , and 2010 ) are GRANTED IN PART AND DENIED IN PART. These motions are granted with respect to the claims that NOAA Fisheries did not violate the ESA and the APA in determining in the 2014 BiOp that the RPA does not adversely modify critical habitat and is not likely adversely to affect endangered Southern Resident Killer Whales, and are denied in all other respects. Not later than March 1, 2018, NOAA Fisheries is directed to file with the Court its new biological opinion. The Court retains jurisdiction ov er this matter to ensure that the Federal Defendants: (1) develop appropriate mitigation measures to avoid jeopardy; (2) produce and file a biological opinion that complies with the ESA and APA; and (3) prepare an EIS that complies with NEPA. Signed on 5/4/2016 by Judge Michael H. Simon. (mja)
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Filing
1995
Opinion and Order - NWF's motion to admit extra-record materials (Dkt. 1983 ) and Intervenor-Plaintiff State of Oregon's motion to admit extra-record materials (Dkt. 1987 ) are GRANTED. Signed on 2/2/2015 by Judge Michael H. Simon. (mja)
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Filing
1889
ORDER - The Joint Stipulation and Order to Settle Plaintiffs' Second Application for an Award of Attorneys' Fees and Costs 1427 is GRANTED. Signed on 3/19/12 by Judge Michael H. Simon. Associated Cases: 3:01-cv-00640-SI, 3:05-cv-00023-SI (mja)
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Filing
1855
OPINION AND ORDER: For the reasons set forth in the attached Opinion and Order, I DENY Federal Defendants' Cross-Motion for Summary Judgment 1556 , and Supplemental Cross-Motion for Summary Judgment 1805 , Northwest River Partners 9; Motion for Summary Judgment 1539 ; Confederated Salish and Kootenai Tribes' Joint and Cross-Motions for Summary Judgment 1542 and 1551 ; and Washington's and Idaho's Cross-Motion for Summary Judgment 1553 , and Supplemental Mot ion for Summary Judgment 1819 . I GRANT in part, and DENY in part, NWF's Motion for Summary Judgment 1498 , and Supplemental Motion for Summary Judgment 1793 , and Oregon's Motion for Summary Judgment 1507 , and Supplemental Motion for Summary Judgment 1801 . Additionally, I REMAND the 2008/2010 BiOp to NOAA Fisheries for reconsideration consistent with this order. The 2008/2010 BiOp and the accompanying incidental take statement shall stay in place through the end of 2013. No lat er than January 1, 2014, NOAA Fisheries shall produce a new or supplemental BiOp. During the remand period, Federal Defendants shall fund and implement all of the reasonable and prudent alternative actions set forth in the 2008/2010 BiOp, including t he Memoranda of Agreement they have executed with the various sovereigns. In addition, Federal Defendants shall continue to collaborate with the sovereigns to develop mitigation actions to be included in the proposed action, and to develop data to su pport any proposed mitigation. Finally, I GRANT Plaintiff's Corrected Motion for Preliminary Injunction 1627 with respect to spill. Federal Defendants shall implement spring and summer spill operations in a manner consistent with this courts p revious spill orders. I DENY Plaintiff's motion, however, with respect to flow augmentation and reservoir storage operations. To the extent possible, Federal Defendants shall operate the FCRPS to meet the flow augmentation objectives in the 2008/2010 BiOp. Signed on 8/2/2011 by Judge James A. Redden. Associated Cases: 3:01-cv-00640-RE, 3:05-cv-00023-RE (js)
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