[3] Judge Grants May Extension For Completion Of Hydro BiOp

BiOp Judge James Redden ruled Jan. 29 that NOAA Fisheries will get more time to complete its biological opinion on the operation of federal dams on the Columbia and lower Snake rivers. The new deadline is May 5.

The judge had already given the agency more time--until March 18--but after being smothered in more than a thousand pages of comments from 47 different entities, along with 18,000 form letters from environmental groups, NOAA told the judge it needed more time to respond.

In a declaration to the court, NOAA Fisheries assistant administrator Bruce Suzumoto said his agency's response wasn't a formal requirement, "but it is our intention to show how the major substantive comments were taken into account and, if they called for changes that were not included in the final biological opinion, why the changes were not adopted." He wanted an extension until May 2.

Earthjustice attorney Todd True argued that the feds weren't justified to ask for so much time since NOAA didn't show evidence that any comments were going to get the agency to make substantive changes. He suggested a 21-day extension and asked Redden to rule on the motion for extension only after all parties had agreed to 2008 hydro operations.

However, on Jan. 29, Judge Redden granted the feds' motion without further comment. -B. R.

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