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  • 2014-2015 Supplemental FCRPS BiOp Court Documents

    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.

    Federal Government

                    Department of Justice Reply Brief

    Northwest States

                     Joint Brief of the States of Idaho, Montana and Washington

    Northwest Tribes

                    Joint Brief of Kootenai Tribe of Idaho and Confederated Salish and Kootenai Tribes

                    Joint Brief of Warm Springs and Umatilla Tribes and Yakama Nation

    River Users

                    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.

    Federal Exhibits

    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.

    Federal Government:

    Department of Justice Reply Brief

    Reply Declaration of Ritchie Graves, NOAA Fisheries

    Reply Declaration of Lynn Krasnow, NOAA Fisheries

    Reply Declaration of Michael Tehan, NOAA Fisheries

    Reply Declaration of Christopher Toole, NOAA Fisheries

    Reply Declaration of Richard Zabel, NOAA Fisheries

    Northwest States

    Reply Brief of the States of Idaho, Montana and Washington

    Northwest Tribes

    Reply Brief of the Confederated Tribes of the Salish and Kootenai and the Kootenai Tribe of Idaho

    Colville Tribes Reply Brief

    Lower River Tribes Reply Brief

    Northwest River Users

    Northwest RiverPartners Reply Brief

    Inland Ports and Navigation Reply Brief



    On April 6, 2015, plaintiffs in the FCRPS BiOp litigation filled briefs and supporting declarations.

    Plaintiffs

    Plaintiffs’ Reply Brief

    Second declaration of Brendan M. Connors

    Second declaration of Frederick R. Olney

    Oregon

    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:

    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

    Northwest States

    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

    Northwest Tribes

    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.

    NWF

    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

    Oregon

    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

    Complaints

    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

    Petition

  • About the FCPRS BiOp
    Find out more about the requirements in the FCRPS BiOp and what the Action Agencies are doing to meet them.

    p Opening up and improving tributaries where the fish spawn and rear
    p Opening up estuary floodplain where the fish feed and grow before entering the ocean
    p Providing safe passage at the dams
    p Controlling predators

    Learn more about these efforts in the 2016 Citizen's Guide:
     
     Citizen's Guide cover page
    FCRPS BiOp Links
    2014 Supplemental FCRPS BiOp

    See NOAA Fisheries webpage for additional documents and information on the 2014 FCRPS BiOp

    2013 Comprehensive Evaluation

    Implementation Plan 

    2016 Comprehensive Evaluation
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