IDAHO DEPARTMENT OF FISH AND GAME, Plaintiff,
v.
NATIONAL MARINE FISHERIES SERVICE, et al., Defendants.
United States District Court, D. Oregon.https://leagle.com/images/logo.png
March 28, 1994.
March 28, 1994.
Attorney(s) appearing for the Case
Larry Echohawk, Atty. Gen., Clive Strong, Deputy Atty. Gen., Chief Natural Resources Div., William Whelan, Deputy Atty. Gen., Boise, ID, for plaintiff Idaho Dept. of Fish & Game.
Theodore Kulongoski, Atty. Gen., Eric Bloch, Cheryl Coon, Denise Fjordbeck, Asst. Attys. Gen., Dept. of Justice, Salem, OR, for plaintiff-intervenor State of OR.
Kristine Rogers, U.S. Atty., Tom Lee, Asst. U.S. Atty., Portland, OR, Fred Disheroon, Special Litigation Counsel, James C. Kilbourne, Charles R. Shockey, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendants.
R. Erick Johnson, R. Daniel Lindahl, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, OR, for defendant-intervenor PNGC.
Jeffrey Ring, Heller, Ehrman, White & Mc Auliffe, Paul Murphy, James Buchal, Ball, Janik & Novack, Portland, OR, for defendants-intervenors DSIs.
Howard Arnett, Karnopp, Petersen, Noteboom, Hubel, Hansen & Arnett, Bend, OR, for amicus The Confederated Tribes of the Warm Springs Reservation of Oregon.
Doug Nash, Lapwai, ID, for amicus The Nez Perce Tribe.
Daniel Hester, Fredericks, Pelcyger, Hester and White, Boulder, CO, for amicus The Confederated Tribes of The Umatilla Indian Reservation.
Tim Weaver, Cockrill & Weaver, Yakima, WA, for amicus Yakama Indian Nation.
Bruce Botelho, Atty. Gen., Cheri Jacobus, Chief Asst. Atty. Gen., Anchorage, AK, for amicus the State of Alaska.
United States District Court, D. Oregon.
OPINION
MARSH, District Judge.
The Idaho Department of Fish and Game (IDFG) filed this suit against the National Marine Fisheries Service (NMFS), the U.S. Army Corps of Engineers (COE) and the U.S. Bureau of Reclamation (BOR) challenging defendants' actions in operating the Federal Columbia River Power System (FCRPS) in 1993. IDFG claims that defendants have violated the Endangered Species Act (ESA), 16 U.S.C. § 1536, by: (1) failing to insure that...
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