[5] BiOp Judge To Go On Tour
The federal judge in the long-lived BiOp case, James Redden, has accepted an invitation to tour salmon-enhancement projects sponsored by three Columbia River tribes.
Last April, the Warms Springs, Umatilla and Yakama tribes all agreed to support the new hydro BiOp in return for millions of BPA dollars for salmon recovery. The new agreements are designed to show the judge that the recovery projects will definitely be funded.
One of the judge's principal reasons for throwing out the 2000 BiOp was his finding that the habitat projects were not "reasonably certain to occur."
The tribes will be working with their action agency partners to develop the specifics of the tour, which is open to all parties in the new round of litigation.
Plaintiff environmental and fishing groups, Oregon and the Nez Perce tribe have already filed their motions for summary judgment. Defendant federal agencies and intervenors must have their responses filed by Oct. 24. Oral argument is scheduled for January.
The state of Oregon sent an Oct. 17 letter to Judge Redden that said it supported the tour and "were also confident that the court will not be unduly swayed in its comprehensive review of the biological opinion by the focus of this visit on particular beneficial actions." But the state also said it was apprehensive that the selection of projects for funding will be based on whether the party advancing a particular project had signed an MOA with the feds, rather than the project's merits.
Plaintiffs are arguing that the new salmon plan is really nothing new at all, that its jeopardy analysis is flawed, and habitat projects intended to boost fish runs are not a guarantee that fish numbers will improve. -B. R.
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