PACIFIC NORTHWEST GENERATING CO-OP. v. BROWN

Nos. 93-35531, 93-35532, 93-35536.

25 F.3d 1443 (1994)

PACIFIC NORTHWEST GENERATING COOPERATIVE, Plaintiff-Appellant, v. Ronald H. BROWN, in his official capacity as Secretary of Commerce; National Marine Fisheries Service; Pacific Fishery Management Council; North Pacific Fishery Management Council; U.S. Fish & Wildlife Service, Defendants-Appellees, State of Oregon, Defendant-Intervenor-Appellee. ALUMINUM COMPANY OF AMERICA, Columbia Aluminum Corporation; ELF Atochem North America; Columbia Falls Aluminum Company; Intalco Aluminum Corporations; et al., Plaintiffs-Appellants, v. Ronald H. BROWN, in his official capacity as Secretary of Commerce; United States Department of Commerce; National Marine Fisheries Service; Pacific Fishery Management Council; North Pacific Fishery Management Council; et al., Defendants-Appellees. PUBLIC POWER COUNCIL, Plaintiff-Appellant, v. Barbara H. FRANKLIN; United States Department of Commerce; National Marine Fisheries Service; Pacific Fishery Management Council; North Pacific Fishery Management Council, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1994.


Attorney(s) appearing for the Case

R. Erick Johnson and R. Daniel Lindahl, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, OR, for plaintiff-appellant Pacific Northwest Generating Co-op.

Jeffrey W. Ring and James L. Buchal, Heller, Ehrman, White & McAuliffe, Portland, OR, for plaintiff-appellant Aluminum Co.

Gregory J. Miner and Cynthia Lombardi, Bogle & Gates, Portland, OR, for plaintiff-appellant Public Power Council.

Jack C. Wong and Thomas C. Lee, Asst. U.S. Attys., Portland, OR, and Martin W. Matzen, Charles R. Shockey, Fred R. Disheroon, and J. Carol Williams, U.S. Dept. of Justice, Environmental and Natural Resources Div., Washington, DC, for defendant-appellee Brown.

Stephanie Striffler, Asst. Atty. Gen., Salem, OR, for defendant-intervenor-appellee.

Before: BROWNING, KOZINSKI, and NOONAN, Circuit Judges.


Opinion by Judge NOONAN.

NOONAN, Circuit Judge:

Salmon and waterpower, the two great natural resources of the Columbia River Basin, have been in tension with each other for over half a century as they have been put to use by human hands and mouths. In our case the principal consumers of the power attempt to align themselves on the side of the salmon — an irrelevant paradox, a fatal contradiction or a new beginning with possibilities for ill or good...

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