ELR Citation: ELR 20111
No(s). s. 03-35235, -35237 (9th Cir. Oct 4, 2004)

The Ninth Circuit held that the U.S. Army Corps of Engineers' record of decision for its operation of four dams on the lower Snake River complied with Washington State's water quality standards for temperature. The Corps' conclusion that its operation of the dams, as opposed to the existence of the dams themselves, did not contribute to temperature exceedences was supported by the administrative record and, therefore, was not arbitrary and capricious. Nor can the Corps' decision be viewed as contrary to law in light of Congress' mandate for the creation of the dams. The record also supports the Corps' view that there are no additional feasible steps it could take to decrease water temperatures on the river.