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WILD FISH CONSERVANCY v. JEWELL

No. 10-35303.

730 F.3d 791 (2013)

WILD FISH CONSERVANCY and Harriet S. Bullitt, Plaintiffs-Appellants, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior; U.S. Department of the Interior; Sam D. Hamilton, in his official capacity as Director of the United States Fish and Wildlife Service; U.S. Fish & Wildlife Service; Dave Irving, in his official capacity as Leavenworth National Fish Hatchery Complex Manager; Michael L. Connor, in his official capacity as the Commissioner of the Bureau of Reclamation; United States Bureau of Reclamation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2013.

Attorney(s) appearing for the Case

Brian A. Knutsen (argued) and Richard A. Smith , Smith & Lowney, PLLC, Seattle, WA, for Plaintiffs-Appellants.

Charles R. Shockey , David C. Shilton , and Robert P. Stockman (argued), United States Department of Justice, Washington, D.C., Defendants-Appellees.

Before: SIDNEY R. THOMAS and JACQUELINE H. NGUYEN, Circuit Judges, and RAYMOND J. DEARIE, Senior District Judge.

OPINION

THOMAS, Circuit Judge:

The historian Donald Worster described the Columbia River as the river that died and was reborn as money.1 The Columbia River Basin was once home to one of the world's largest salmon runs, but over the course of the twentieth century the mainstem Columbia and its tributaries were radically re-engineered to become the most hydroelectrically developed...

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