2010 Supplemental FCRPS BiOp Court Documents

The National Wildlife Federation et al, plaintiffs in the NWF v. NOAA Fisheries litigation, have challenged the 2010 Supplemental FCRPS BiOp in U.S. District Court. 

Nov. 16, 2011:  Federal reply brief responding to comments on the 2010 Annual Progress Report

                          Reply brief from Kootenai Tribe of Idaho

                          Reply brief from States of Washington, Idaho and Montana

Feb. 11, 2011:  The federal government, three states and three tribes submitted reply briefs in support of the 2010 Supplemental FCRPS BiOp. 

2-11-11 | Federal reply brief

2-11-11 | States of Washington, Idaho and Montana filing in support

• Exhibit A: Increases in spill to improve passage conditions for fish, 2000 to 2010.

2-11-11 | Three lower river Tribes' filing in support

On Dec. 23, 2010, the Justice Department, on behalf of NOAA’s Fisheries Service, filed briefs with the federal district court in Portland, Ore., in the FCRPS BiOp litigation. The agency said there have been strong and in some cases record returns to the Columbia Basin in recent years. It added that the past decade has brought substantial improvement to management of the river and to the dams themselves, along with habitat restoration and better control of salmon predators. These have helped ensure that many more young fish make it to the Pacific to take advantage of recent good ocean conditions.

The agency added that it would continue its collaboration with the region’s states and tribes and, as always, would rely on the best available science to guide its decisions.

Six tribes, three States, and two Northwest trade associations filed briefs in support of the FCRPS BiOp. 

 12-23-10 |  Federal filing: