In November 2004, NOAA Fisheries released a revised biological opinion (BiOp) on operation of the Federal Columbia River Power System. In it, NOAA Fisheries found that the federal action agencies' Updated Proposed Action was not likely to jeopardize the ESA-listed species in the Columbia Basin.
In February 2005, the National Wildlife Federation and several other parties asked the court to invalidate the 2004 FCRPS BiOp. In October 2005, US District Court Judge James Redden found the 2004 FCRPS BiOp invalid and remanded it to NOAA Fisheries.
Judge Redden directed NOAA Fisheries to work with the sovereign parties (the federal action agencies - the U.S. Army Corps of Engineers, the Bureau of Reclamation, Bonneville Power Administration; the party tribes - including the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakama Indians, of the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Kootenai Tribe of Idaho, the Confederated Tribes of the Colville Reservation, the Spokane Tribe of Indians; and the States of Oregon, Idaho, Washington and Montana) to develop a new BiOp within one year.
Judge Redden asked that the collaborating parties provide quarterly status updates on their progress to correct the deficiencies he identified and "clarifying policy issues and reaching agreement or narrowing the areas of disagreement on scientific and technical information."
2004 BiOp Court documents
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