ELR Citation: ELR 20209
No(s). s. CV 01-640-RE, CV 05-23-RE (D. Or. Oct 7, 2005)

A court remands to the National Oceanic and Atmospheric Administration National Marine Fisheries Service a 2004 biological opinion (BO) prepared for proposed operations of the Federal Columbia River Power System. The remand order was issued in response to an earlier decision in which the court found that the BO violated the Endangered Species Act (ESA). In the revised BO, the agency must make a jeopardy determination that complies with the requirements of the ESA. It has one year to complete the BO, and it must submit status reports to the court and interested parties on a quarterly basis.

[A prior decision in this litigation is published at 33 ELR 20195.]