[4] BiOp Judge Denies Immediate Remand Extension

On March 17, U.S. District Court judge James Redden denied a request by environmental and fishing groups to extend the hydro BiOp remand process for another five months. But Redden said the issue could be discussed in conjunction with the remand's next status review and in-court hearing on April 21. Redden had given the parties a year to produce a new BiOp after he tossed the 2004 opinion and ordered a new remand last October.

Todd True, Earthjustice attorney, said there was disagreement among technical representatives over some issues fundamental to the new BiOp's jeopardy analysis, and he characterized the failure of previous BiOps as due principally to the consistent failure of the federal parties to address the "legitimate scientific concerns" of states, tribes and others.

Most defendant-intervenors in the BiOp remand had gone on record opposing the motion. However, the federal agencies said they didn't oppose an extension, but called True's motion "disruptive," and showed "disregard" for the collaborative process. The regional coalition of upriver tribes, BPA customers, Montana, and Washington, along with the state of Idaho, opposed the five-month extension, arguing that plaintiffs' reasons were too vague.

Oregon went on record supporting an extension. It said more time was needed to complete "an appropriately robust collaboration" and rigorous analysis of the best science.

But the lower Columbia Tribes argued that the extension is necessary to "assure the integrity of the analyses." They said the de-funding of the Fish Passage Center would delay their analyses and limit their ability to participate fully in the remand process. They noted that tribes and others had appealed to the 9th U.S. Circuit Court of Appeals to assure that the FPC's services continue. -B. R.

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