ELR Citation: ELR 21117
No(s). s. 93-35488, -35573 (9th Cir. Jun 3, 1994)

The court holds that it has exclusive jurisdiction under the Northwest Power Act over challenges to the Bonneville Power Administration's (BPA's) program for improving the life cycle of anadromous fish stocks in the Snake River. Environmental groups sought judicial relief in district court to compel the BPA and other federal agencies to engage in "adequate and comprehensive" consultation regarding the impact of the operation of the Columbia River Power System on threatened and endangered salmon in the Snake River. They also sought to compel the agencies to provide sufficient conditions for migrating fish to ensure their survival and to minimize to the maximum extent practicable the incidental take of the listed species by the power system. The court holds that it has exclusive jurisdiction, because the BPA's determinations were final actions by the Agency, based on an administrative record, carrying out its authorized mission of managing the river system and enhancing the fish stock. Although the Agency's actions may have been motivated by the Endangered Species Act (ESA), motivation is irrelevant. The court also held that the ESA's authorization of citizen suits does not take precedence over the jurisdictional provision of the Northwest Power Act.

[The district court's opinion is published at 23 ELR 21218.]

Counsel for Plaintiffs
Victor M. Sher
Sierra Club Legal Defense Fund
705 Second Ave., Ste. 203, Seattle WA 98104
(206) 343-7340

Counsel for Defendants
Harvard Spigal
Bonneville Power Administration
905 NE 11th Ave., Portland OR 97232
(503) 230-3000

Before Browning and Kozinski, JJ.