NORTHWEST ENVIRONMENTAL DEFENSE CENTER, Public Employees for Environmental Responsibility; Northwest Sportfishing Industry Association, Petitioners,
Northwest Power and Conservation Council, Intervenor,
v.
BONNEVILLE POWER ADMINISTRATION, Respondent.
Confederated Tribes and Bands of the Yakama Indian Nation, Petitioner,
v.
Bonneville Power Administration, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 12, 2006.
Filed January 24, 2007.
Attorney(s) appearing for the Case
Stephanie M. Parent, Pacific Environmental Advocacy Center, Portland, OR, for petitioners Northwest Environmental Defense Center, Public Employees for Environmental Responsibility, and Northwest Sportfishing Industry Association.
Tim Weaver, Law Office of Tim Weaver, Yakima, WA, for petitioner Confederated Tribes and Bands of the Yakama Nation.
David J. Adler, Special Assistant United States Attorney and Stephen J. Odell, Assistant United States Attorney, Portland, OR, for respondent Bonneville Power Administration.
John Shurts, Northwest Power and Conservation Council, Portland, OR, for intervenor Northwest Power and Conservation Council.
David J. Cummings, Nez Perce Tribe Office of Legal Counsel, Lapwai, ID, for amicus Nez Perce Tribe.
Howard G. Arnett, Karnopp Petersen, LLP, Bend, OR, for amicus Confederated Tribes of the Warm Springs Reservation of Oregon.
Christopher B. Leahy, Fredericks, Pelcyger & Hester, LLC, Louisville, CO, for amicus Confederated Tribes of the Umatilla Reservation.
Before MICHAEL DALY HAWKINS, BARRY G. SILVERMAN, and RONALD M. GOULD, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
GOULD, Circuit Judge.
Salmon and steelhead1 are two of the great natural resources of the Columbia River. Their continued existence has been threatened by the construction of dams to capture a third great natural resource of the Columbia River, its water power. As these dams were constructed, the number of salmon and steelhead migrating up the Columbia River to reproduce at its headwaters dropped...
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