National Wildlife Federation et al v. National Marine Fisheries Service et al, No. 3:2001cv00640 - Document 1855 (D. Or. 2011)

Court Description: OPINION AND ORDER: For the reasons set forth in the attached Opinion and Order, I DENY Federal Defendants' Cross-Motion for Summary Judgment 1556 , and Supplemental Cross-Motion for Summary Judgment 1805 , Northwest River Partners 9; Motion for Summary Judgment 1539 ; Confederated Salish and Kootenai Tribes' Joint and Cross-Motions for Summary Judgment 1542 and 1551 ; and Washington's and Idaho's Cross-Motion for Summary Judgment 1553 , and Supplemental Mot ion for Summary Judgment 1819 . I GRANT in part, and DENY in part, NWF's Motion for Summary Judgment 1498 , and Supplemental Motion for Summary Judgment 1793 , and Oregon's Motion for Summary Judgment 1507 , and Supplemental Motion for Summary Judgment 1801 . Additionally, I REMAND the 2008/2010 BiOp to NOAA Fisheries for reconsideration consistent with this order. The 2008/2010 BiOp and the accompanying incidental take statement shall stay in place through the end of 2013. No lat er than January 1, 2014, NOAA Fisheries shall produce a new or supplemental BiOp. During the remand period, Federal Defendants shall fund and implement all of the reasonable and prudent alternative actions set forth in the 2008/2010 BiOp, including t he Memoranda of Agreement they have executed with the various sovereigns. In addition, Federal Defendants shall continue to collaborate with the sovereigns to develop mitigation actions to be included in the proposed action, and to develop data to su pport any proposed mitigation. Finally, I GRANT Plaintiff's Corrected Motion for Preliminary Injunction 1627 with respect to spill. Federal Defendants shall implement spring and summer spill operations in a manner consistent with this courts p revious spill orders. I DENY Plaintiff's motion, however, with respect to flow augmentation and reservoir storage operations. To the extent possible, Federal Defendants shall operate the FCRPS to meet the flow augmentation objectives in the 2008/2010 BiOp. Signed on 8/2/2011 by Judge James A. Redden. Associated Cases: 3:01-cv-00640-RE, 3:05-cv-00023-RE (js)