ELR Citation: 56 ELR 20036
No(s). 3:01-cv-640-SI (D. Or. Mar 26, 2026) (Simon, J.)

A district court denied federal agencies' motion to dismiss a long-running dispute concerning impacts of hydropower dam operations on endangered steelhead and salmon in the Columbia and Snake River basins. Environmental groups, tribes, and two states argued the agencies' 2020 EIS and 2020 record of decision (ROD) violated NEPA, that the ROD violated the ESA, and that the 2020 biological opinion (BiOp) violated the ESA. The agencies moved to dismiss, arguing the court lacked subject matter jurisdiction because the plaintiffs' challenges to the ROD and BiOp implicated the Northwest Power Act's (NPA's) exclusive jurisdiction provision. The court found the suit did not challenge any implementation of any final agency action taken under the NPA, so the exclusive jurisdiction provision did not apply. It denied the agencies' motion.