[4] Redden Combines 'Faulty' Snake-Columbia BiOp Consultations

Federal District Judge James Redden ruled May 24 that the Snake and Lower Columbia River mainstem BiOps should be merged.

Redden found fault with the Snake River BiOp, even as he has previously characterized the Lower Columbia opinion as insufficient. Whether this new ruling ends up with two separate BiOps or one joint Section 7 document, the judge left to the decision of the federal parties.

"I look forward to a consultation that employs a valid, comprehensive analytical framework," Redden wrote in his order. "Rebuilding salmon to healthy, harvestable levels will come in large part from addressing the impacts of the down-river dam operations that do the most harm to salmon. Even so, the water of the upper Snake water projects and its uses must be an integral part of the analysis. There must be a comprehensive evaluation of the effects of water use in the upper Snake River and the down-river operations."

Plaintiff Michael Garrity of American Rivers said in a statement that the joint consultation would help point up the need for lower Snake dam breaching.

"This will clarify the true cost of trying to recover Snake River salmon with the lower Snake River dams in place, and bring the trade-offs into focus," he said.

NW RiverPartners said the joint consultation was unwieldy and even counterproductive. "This will cause the number of parties and issues to increase dramatically, and make developing a scientifically sound, effective and legally defensible Biological Opinion or Opinions even more challenging," the group said in a prepared statement.

Parties have talked about possible clarification motions or even appeals. -Cyrus Noe

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