Initiated in 2001, National Wildlife Federation v. NMFS is a long-running lawsuit concerning the National Marine Fisheries Services’ biological opinion on the operations of the Federal Columbia River Hydropower System. The Columbia River Treaty Tribes participate in this litigation as amici. Initial challenges to the 2000 biological opinion resulted in a favorable decision for NWF and the tribes and resulted in a remand of the opinion back to the NMFS. A revised biological opinion was released in November of 2004 (the 2004 BiOp), and this opinion has also been challenged by NWF and the tribes. A separate proceeding in the lawsuit seeks to enjoin the agencies operating the dam system from proceeding with summer 2005 operations deemed harmful to fish.

Motion for Summary Judgment Regarding 2000 BiOp

• Opinion and Order, Judge James E. Redden, May 7, 2003 - (72 KB)

Motion for Injunction Regarding Summer 2005 Operations

2/11/05:

• NWF Memo in Support of Motion for Summary Judgment - (228 kB)
• Third Declaration of Gretchen Oosterhout – [parts stricken] - (224 kB)
• Treaty Tribes’ Joint Memo in Support of Motion for Summary Judgment - (1.7 MB)
• Declaration of Thomas K. Lorz (SJ) – [stricken] - (92 kB)
• Declaration of Frederick P. Olney – [parts stricken] - (2.5 MB)

3/30/05:

• NWF Reply Memo in Support of Motion for Summary Judgment - (624 kB)
• Treaty Tribes’ Reply Memo in Support of Motion for Summary Judgment - (1.2 MB)
• Declaration of Robert Heinith (SJ) - (1.7 MB)

5/26/05:

• Opinion and Order, Judge James E. Redden - (124 kB)

Motion for Summary Judgment Regarding 2004 BiOp

3/21/05:

• NWF Motion for Injunction - (204 kB)
• NWF Memo in Support of Motion for Injunction - (136 kB)
• Declaration of Stephen W. Pettit - (92 kB)
• Joint Memo of the Umatilla, Warm Springs, and Yakama Tribes in Support of Motion for Injunction - (1.2 MB)
• Declaration of Frederick P. Olney (Inj) - (556 kB)
  

5/16/05:

• NWF Reply Memo in Support of Motion for Injunction - (352 kB)
• Second Declaration of Stephen W. Pettit - (88 kB)
• Declaration of Ernest G. Niemi - (100 kB)
• Joint Reply Memo of the Umatilla, Warm Springs, and Yakama Tribes in Support of Motion for Injunction - (164 kB)
• Declaration of Thomas K. Lorz (Inj) - (652 kB)
• Second Declaration of Frederick P. Olney - (84 kB)
• Declaration of Edward W. Sheets - (84 kB)
• Declaration of Robert Heinith (Inj) (Amended) - (2.9 MB)