Oregon Conservationists Seek Court Intervention for Salmon Protection

In a significant legal move, the state of Oregon and various conservation groups have requested a federal judge to implement temporary protective measures for threatened and endangered salmon and steelhead. The motion, filed on October 3, 2023, seeks intervention from Judge Michael Simon in Portland, Oregon, as litigation surrounding the hydropower system at the Snake and Columbia rivers resumes.

The plaintiffs are urging Judge Simon to mandate that the Army Corps of Engineers, the Bureau of Reclamation, and the Bonneville Power Administration spill water at the dams continuously during the spring juvenile fish migration period. They are also requesting an increase in spill during the summer, fall, and winter months. These actions are intended to lower water temperatures and reduce reservoir levels during critical migration periods, which would enhance the chances of survival for juvenile salmon and steelhead.

Legal Context and Previous Agreements

Spilling water at the dams is crucial as it allows juvenile fish to avoid the dangers of turbines and complex fish bypass systems. Research indicates that survival rates improve when young fish experience fewer encounters with these structures on their journey to the Pacific Ocean, where they spend one to three years before returning to spawn in Idaho, Oregon, and Washington.

“The requested emergency measures will benefit the baby salmon leaving the river next year and provide hope for those whose livelihoods and culture depend on their success,” stated Liz Hamilton, Policy Director for the Northwest Sportfishing Industry Association.

This filing marks a resumption of litigation concerning a hydropower operation plan finalized in late 2020 during the administration of former President Donald Trump. Conservation groups had previously challenged this plan, contending that it, like five prior plans, failed to comply with the Endangered Species Act by not adequately protecting the fish.

Litigation was paused two years ago when the Biden administration reached an agreement with Columbia River tribes, including the Nez Perce Tribe, as well as Oregon and Washington. The agreement aimed to explore long-term solutions to the salmon and dams issue, which has persisted for over three decades. Although it did not authorize dam breaching—a measure strongly supported by salmon advocates—the agreement allocated funds for studies aimed at determining alternatives to the dams’ functions, including barging, power generation, and irrigation. The deal also included a commitment of $1 billion for salmon recovery and renewable energy initiatives.

Community Responses and Economic Concerns

In exchange for the agreement, plaintiffs agreed to suspend litigation for at least five years, with an option to extend this period to ten years. However, the Trump administration subsequently nullified this agreement, a move that was welcomed by dam proponents, including farmers reliant on barge transportation for exporting their crops and the hydropower sector.

On October 3, advocates for dams expressed concerns that the requested injunctions would lead to increased energy costs throughout the Pacific Northwest and adversely impact farmers. They called for renewed negotiations outside the courtroom as a means of reaching a balanced solution.

“This is the moment for the Northwest to come together around real solutions,” asserted Clark Mather, Executive Director of the Northwest River Partners. “We have a rare opportunity to protect salmon, strengthen our energy system, and keep electricity reliable and affordable across the region.”

Salmon advocates maintain that the situation remains dire for the species. In their legal filing, they noted, “Over these decades, as Federal Defendants have wasted precious time interpreting and reinterpreting the ESA and its regulations, listed salmon and steelhead impacted by the Columbia River System have suffered ongoing decline and currently teeter on the brink of extinction.”

The outcome of this case could have lasting implications for both the salmon populations and the communities that depend on the rivers for their livelihoods. As litigation unfolds, stakeholders will be closely monitoring developments that could shape the future of the region’s ecological and economic landscape.