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Portland, Oregon
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Late this afternoon the Ninth Circuit Court of Appeals again ruled
in favor of fish and wildlife restoration efforts in the Columbia
River Basin. The three judge panel found that the wholesale power
rates set by BPA ignored critical information indicating that a
more substantial investment in salmon recovery would be required.
In the decision written by Judge William A. Fletcher, the court
stated that "we agree with the Tribes that BPA failed to impose
rates designed to recover its true fish and wildlife costs.... It
should have been apparent to BPA that its 1998 cost estimates were
too low." The court found that this made it less likely that
BPA would be able to live up to its statutory obligations.
"My clients are very pleased about this decision," said
Tim Weaver, attorney for the Yakama Nation. "This is a real
vindication for the tribes' hard work in the development and implementation
of the Northwest Power Act. The Yakama Nation looks forward to assisting
BPA in determining an appropriate rate structure now that the court
has provided us with this direction." Enacted in 1980, the
Act includes forceful language directing BPA to protect, mitigate,
and enhance fish and wildlife resources to the extent affected by
the development and operation of hydro electric projects in the
Columbia Basin.
"This is another major victory for our region's fish and wildlife,
that so many of us depend on," said Jay Minthorn, chairman
of the Umatilla Tribe's fish and wildlife commission. "This
decision says, in effect, that it's not acceptable to shortchange
our salmon. We have direction from the courts, once again, that
the BPA and the federal government must heed the advice of the tribes
and states while working together for salmon restoration,"
said Mr. Minthorn.
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About CRITFC
The Portland-based Columbia River Inter-Tribal Fish Commission is
the technical support and coordinating agency for fishery management
policies of the Columbia River Basin's four treaty tribes: the Confederated
Tribes of the Umatilla Indian Reservation, the Confederated Tribes
of the Warm Springs Reservation of Oregon, the Confederated Tribes
and Bands of the Yakama Nation and the Nez Perce Tribe.
CRITFC, formed in 1977, employs biologists, other scientists, public
information specialists, policy analysts and administrators who work
in fisheries research and analyses, advocacy, planning and coordination,
harvest control and law enforcement. |
