DESCHUTES RIVER ALLIANCE, an Oregon nonprofit corporation, Plaintiff-Appellant,
v.
PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation; Confederated Tribes of the Warm Springs Reservation of Oregon, Defendants-Appellees.
Deschutes River Alliance, an Oregon nonprofit corporation, Plaintiff-Appellee,
v.
Portland General Electric Company, an Oregon corporation, Defendant-Appellant, and
Confederated Tribes of the Warm Springs Reservation of Oregon, Defendant.
Deschutes River Alliance, an Oregon nonprofit corporation, Plaintiff-Appellee,
v.
Portland General Electric Company, an Oregon corporation, Defendant, and
Confederated Tribes of the Warm Springs Reservation of Oregon, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 7, 2021 Portland, Oregon.
Filed June 23, 2021.
Attorney(s) appearing for the Case
Daniel M. Galpern (argued), Law Office of Daniel M. Galpern, Eugene, Oregon; J. Douglas Quirke, Oregon Clean Water Action Project, Eugene, Oregon; for Plaintiff-Appellant/Cross-Appellee.
Josh Newton (argued), Karnopp Petersen LLP, Bend, Oregon, for Defendants-Appellees/Cross-Appellants Confederated Tribes of the Warm Springs Reservation of Oregon.
Misha Tseytlin (argued) and Kevin M. LeRoy, Troutman Pepper Hamilton Sanders LLP, Chicago, Illinois; Beth S. Ginsberg, Stoel Rives LLP, Seattle, Washington; James R. George, Portland General Electric Co., Portland, Oregon; for Defendants-Appellees/Cross-Appellants Portland General Electric Company.
Jennifer H. Weddle and Kyle R. Montour, Greenberg Traurig LLP, Denver, Colorado; Derrick Beetso, National Congress of American Indians, Washington, D.C.; Hon. Doreen McPaul, Navajo Nation Attorney General; Paul Spruhan, Assistant Attorney General; Navajo Nation Department of Justice, Window Rock, Arizona; for Amici Curiae National Congress of American Indians, Crow Tribe of Indians, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community, and Navajo Nation.
Richard M. Glick, P. Andrew McStay Jr., and Alicia J. LeDuc, Davis Wright Tremaine LLP, Portland, Oregon, for Amicus Curiae Idaho Power Company.
Partial Concurrence and Partial Dissent by Judge Bea
OPINION
W. FLETCHER, Circuit Judge:
Portland General Electric ("PGE") and the Confederated Tribes of the Warm Springs Reservation of Oregon (the "Tribe") co-own and co-operate the Pelton Round Butte Hydroelectric Project (the "Project") on the Deschutes River, located partly within the Warm Springs Indian Reservation in Oregon. Deschutes...
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