"Judge Redden's opinion is well-grounded, comprehensive and unambiguous," said Olney Patt, Jr., executive director of the Commission. "We now have the immediate task of securing protections for this summer's migration. This is still a low-flow year and protecting the many summer and fall juvenile migrants is important for any long term rebuilding effort."

Redden concluded the 2004 Biological Opinion was flawed in four ways: (1) the improper segregation of the elements of the proposed action NOAA deems to be nondiscretionary; (2) the comparison, rather than the aggregation, of the effects of the proposed action; (3) the flawed critical habitat determinations; (4) the failure to consult adequately on both recovery and survival in the jeopardy determination.

"It's a good day for tribal people who have taken their conservation responsibilities seriously for generations," said Virgil Lewis, Sr., Vice-Chairman of the Yakama Nation. " Judge Redden saw through the federal attempt to build a recovery plan around wishful thinking and a selective reliance on data."

"The question we now have to ask is ‘how does the merry-go-round stop?'" said Jay Minthorn, chair of the Commission. "How many chances does it take to get it right, to follow the law? We'll work with the court and all parties to make sure we don't end up here again."