ELR Citation: 54 ELR 20027
No(s). C20-1864-JCC (W.D. Wash. Feb 16, 2024) (Coughenour, J.)

A district court granted in part and denied in part a tribe's motion for partial summary judgment in a lawsuit concerning a hydroelectric dam on the Puyallup River in Washington. The tribe argued the dam operator's installation of a temporary rock dam/spillway unlawfully harmed and harassed Chinook salmon, steelhead trout, and bull trout by impeding upstream progress. The court found the structure was impeding fish passage and taking threatened species, and that the take was unlawful because the operator did not have an incidental take permit authorizing it. It ordered the operator to comply with the tribe's alternative removal plan, apply for necessary permits, and remove a significant portion of the rock dam/spillway.