"Today's decision confirms that immediate protective measures, such as spill, are needed for fall Chinook salmon which are likely to become endangered in the foreseeable future," said Rebecca Miles, Nez Perce Tribal Chairman.

The Nez Perce and the other Columbia River treaty tribes actively participated in litigation filed by a coalition of fishing and conservation groups requesting additional spill to improve migration conditions for juvenile fall Chinook salmon.

The Ninth Circuit's 36-page opinion holds that Judge Redden applied the correct legal standard as the Congress has spoken in the plainest of words in affording endangered species the highest of priorities. The Ninth Circuit also affirmed Judge Redden's findings of fact noting that it is undisputed that Snake River fall Chinook salmon are "likely to become endangered in the foreseeable future." The Ninth Circuit affirmed the District Court injunction's nature and scope, holding that "the district court had a more than sufficient basis upon which to conclude that summer spills would provide the best and safest alternative to the planned operations contemplated in the 2004 BiOp that was rejected by the court."

"Judge Redden has directed all the parties in this litigation over the dams to attempt to collaborate on a plan that complies with the law," continued Chairman Miles. "We look forward to the challenging task of addressing the impacts of the dams and restoring healthy, harvestable levels of salmon."