On July 6, 2016, the U.S. District Court issued its remand order, which includes a schedule on remand.
Order of Remand
On July 1, 2016, the Federal Government filed a reply brief re: proposed timing for a reasonable NEPA process. Several allied parties also requested and received permission to file briefs on this topic.
Department of Justice Reply Brief
Joint Brief of the States of Idaho, Montana and Washington
Joint Brief of Kootenai Tribe of Idaho and Confederated Salish and Kootenai Tribes
Joint Brief of Warm Springs and Umatilla Tribes and Yakama Nation
Brief of Northwest River Partners
Brief of Inland Ports and Navigation Group
On June 17, 2016, plaintiffs filed a response to the Federal Governments opening brief re: NEPA timetable
Joint response brief of NWF, Oregon and the Nez Perce Tribe
On June 3, 2016 the Federal Government filed an opening brief and supporting declarations regarding proposed timing of a reasonable NEPA process.
Department of Justice Brief
Declaration of Lorri Lee, U.S. Bureau of Reclamation
Declaration of David J. Ponganis, U.S. Army Corps of Engineers
On May 18, 2016 the Plaintiffs filed a response to CSRIA’s rule 60 motion.
Joint Response of National Wildlife Federation, Oregon and the Nez Perce Tribe
On May 5, 2016 the Columbia Snake River Irrigators Association filed a motion asking the Court to correct misstatements in its May 4, 2016 opinion.
Columbia Snake River Irrigators Association Rule 60 Motion and Memo
On May 4, 2016 the U.S. District Court issued its opinion and order.
Opinion and Order
On June 23, 2015, parties in the litigation presented oral argument. Below are the parties' exhibits and answers to questions that the Court presented during oral argument.
Lower River Tribes Scientific References
State of Oregon Citations and Exhibit
Kootenai Tribe of Idaho Exhibit and Citiation
Federal Response to Court Questions
State of Oregon Supplemental Filing
Federal Reply to State of Oregon
On May 6, 2015, the federal government and allied parties presented reply briefs and declarations.
Plaintiffs’ Reply Brief
Second declaration of Brendan M. Connors
Second declaration of Frederick R. Olney
State of Oregon Reply Brief
Declaration of Kathryn Kostow
Nez Perce Tribe
Nez Perce Tribe Reply Brief
On March 6, 2015, the Justice Department, on behalf of NOAA Fisheries et al, filed briefs with the federal district court in Portland, Ore., in the FCRPS BiOp litigation. Three states, five tribes and three river groups also filed in support of the federal government.
Federal Government Cross Motion for Summary Judgment
Declaration of Ritchie Graves, NOAA Fisheries
Declaration of Lynne Krasnow, NOAA Fisheries
Declaration of Michael Tehan, NOAA Fisheries
Declaration of Christopher Toole, NOAA Fisheries
Declaration of Richard Zabel, NOAA Fisheries
States of Idaho, Montana and Washington Support of Cross-Motion for Summary Judgment
States of Idaho, Montana and Washington Brief in Support
Declaration of Bill Tweit, Washington Department of Fish and Wildlife
Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of the Warm Springs Indian Reservation of Oregon, Yakama Nation Brief in Support
Extra Record Declaration of Robert Rose, Yakama Nation
Confederated Tribes of the Colville Reservation Brief in Support
Declaration of Casey Baldwin, Colville
Declaration of William Towey, Colville
Confederated Salish and Kootenai Tribes Brief in Support
Northwest River Users
Columbia Snake River Irrigators Association Brief in Support
Inland Ports and Navigation Group Brief in Support
Northwest River Partners Brief in Support
On Dec. 16, 2014,plaintiffs in the FCRPS BiOp litigation filed Motions for Summary Judgment.
Plaintiffs's Summary Judgment Motion and Memorandum
Declaration of Brendan M. Connors
Declaration of Frederick R. Olney
Motion and Memorandum Re Declarations
Third Declaration of Joseph Bogaard in Support
Motion for Summary Judgment and Memorandum in Support
Declaration of Anthony Nigro in Support
Intervenor-Plaintiffs's Motion to Consider Declaration and Memorandum in Support
Nez Perce Tribe
Memorandum in Support
On July 9, 2014, plaintiffs in the FCRPS BiOp litigation filed complaints in the District Court of Oregon against NOAA Fisheries, the U.S. Army Corps of Engineers and the Bureau of Reclamation for declaratory and injunctive relief.
District Court Litigation
NWF Notice of Intent to Sue
Earthjustice Notice of Intent to Sue
State of Oregon Notice of Intent to Sue
NWF Complaint For Declaratory and Injunctive Relief
Oregon Complaint-In-Intervention For Declaratory and Injunctive Relief
On May 24, 2014, the National Wildlife Federation filed a petition in the Ninth Circuit Court of Appeals challenging BPA’s Record of Decision on implementation of NOAA Fisheries’ 2014 FCRPS BiOp.
Ninth Circuit Litigation
Notice of Intent to Sue