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  • 2008 FCRPS BiOp Court Documents

    On July 14, 2008, the National Wildlife Federation et al, plaintiffs in the NWF v. NOAA Fisheries lawsuit on the FCRPS BiOp, filed its fourth supplemental complaint on the FCRPS BiOp that NOAA issued on May 5, 2008.  


     

     

     

     

     

     

    06-11-10 |

    Order on 2010 summer operations

    2010 Summer Fish Operations Plan

    05-20-10 | Legal brief: Notice of completion of remand 
    04-21-10 | Court order on spring 2010 FCRPS operations
    04-19-10 |
    • Final decision on 2010 spring transport operations
    • Exhibit 1 Spring 2010 Fish Operations Plan Addendum
    • Exhibit 2: ISAB 2010 low flow spill transport report
    03-31-10 |
    • Final Notice 2010 Spring Operations
    • Exhibit 1: 2010 Spring Fish Operations Plan
    • Exhibit 2 Transport analysis
    • Exhibit 3: Feb. 25, 2010 NOAA letter to ISAB
    • Exhibit 4: Request for ISAB review of low flow transport operations proposal
    • Exhibit 5: Proposed order for 2010 spring operations
    02-19-10 | Remand order granting the federal defendants' request for a limited, voluntary remand to consider, among other actions, integrating the Adaptive Management Implementation Plan into the BiOp.
    01-29-10 |

    Federal government brief on options to allow for the Court's proper consideration of the Administration's review of the FCRPS BiOp.

    12-21-09 |

    Federal government brief on alternatives for the Adaptive Management Implementation Plan to be identified in the BiOp for public and judicial review

    • Proposed voluntary remand order 
    10-23-09 |

    Federal government reply brief on Administration review of BiOp

    • Exhibit 1
    • Exhibit 2
    • Exhibit 3
    • Exhibit 4
    10-23-09 | The States of Washington, Idaho and Montana; the Confederated Tribes of the Warm Springs Reservation of Oregon, the Yakama Nation, the Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of the Colville Reservation, the Kootenai Tribe of Idaho, the Confederated Salish and Kootenai Tribes filing in support of the FCRPS BiOp and Adaptive Management Implementation Plan. 
    09-15-09 |

    Federal defendants' response to Court's May 18, 2009 letter

    04-10-09 | Court order on 2009 FCRPS spring operations
    02-25-09 | Judge Redden second letter to the parties for March 6 oral argument
    02-18-09 | Judge Redden letter to the parties for March 6 oral argument
    12-18-08 | Federal government support of cross-motion for summary judgment
    • Exhibit 3 (sea lion opinion)
    • Declaration of Rock Peters, U.S. Army Corps of Engineers
      • Peters declaration, Exhibits 1-3
      • Peters declaration, Exhibits 1-4
      • Peters declaration, Exhibits 5-6
    • Declaration of Kim Kratz, NOAA Fisheries
    • Declaration of Chris Toole, NOAA Fisheries
    • Declaration of Rich Zabel, NOAA Fisheries
    • Declaration of Ritchie Graves, NOAA Fisheries
    • Declaration of Rich Hinrichsen, private consultant
    • Declaration of Rob Jones, NOAA Fisheries
    Joint Idaho Washington Montana Amended Reply Memo Supporting Their MSJ
    10-24-08 | Federal government opposition to plaintiffs’ motion for summary judgment
    • Memo supporting response
    • Exhibit 1
    • Exhibit 2

    Memorandum of Amici, Confederated Tribes of the Warm Springs, Yakama Nation, CTUIR
    Joint memorandum of the States of Washington, Idaho and Montana in opposition to plaintiffs’ motion for summary judgment
    Amicus brief of the Colville Tribes in support of federal defendants
    Joint summary judgment memo of the Kootenai Tribe of Idaho and the Confederated Salish and Kootenai Tribes
    Northwest River Partners’ memorandum in opposition to plaintiffs’ motion for summary judgment
    Inland Port and Navigation Group opposition to plaintiffs' motion for summary judgment
    Memorandum of amicus of the Northwest Power and Conservation Council
    Declaration of Rock Peters, U.S. Army Corps of Engineers
    Declaration of Kim Kratz, NOAA Fisheries
    Declaration of Chris Toole, NOAA Fisheries
    Declaration of Rob Jones, NOAA Fisheries
    Declaration of Rich Zabel, NOAA Fisheries
    Declaration of Ritchie Graves, NOAA Fisheries
    Declaration of Rich Hinrichsen, private consultant
    Declaration of Robert Rose, Yakama Nation
    Declaration of Gary James, Confederated Tribes of the Umatilla Indian Reservation
    Declaration of William Bosch, Yakama Nation
    Declaration of Joe Peone, Colville Tribe
    Declaration of Steve Smith for Colville Tribe

    07-28-08 | NWF response to federal defendants on independent science review
    07-25-08 | Federal defendant’s response to request for status conference on independent science review
    07-14-08 | Fourth Supplemental Complaint

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