'Running the River' to Change the Status Quo: Using the Endangered Species Act to Advocate for Dam Removal in National Wildlife Federation v. National Marine Fisheries Service

摘要

Every year, salmon migrate from the upper Columbia and Snake Rivers to the ocean and as many as 92% die during the journey.' This is largely due to hydro-electric dams along the river, which impede the salmon's historic migration route and which the salmon may only pass by spilling over the dams, passing through turbines, entering in-river bypass systems, or being transported around the dams, usually by barge.2 Using the Endangered Species Act3 (ESA) as a tool in the most recent effort to recover the declining salmon population, conservation organizations won an important victory in National Wildlife Federation v. National Marine Fisheries Service? where the Ninth Circuit upheld the District Court's preliminary injunction against the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration (NMFS) for violating the ESA.5 The district court granted the National Wildlife Federation, the State of Oregon and fourteen other plaintiffs (collectively NWF) summary judgment6 and granted NWF's motion for a preliminary injunction requiring the Federal Columbia River Power System (FCRPS) to provide water spills over dams during the summer of 2005.7 The Ninth Circuit considered three issues. First, it determined whether the district court abused its discretion or based its conclusion on erroneous findings of fact or conclusions of law; second it decided whether injunctive relief was the proper remedy; and third it considered whether the injunction was narrowly tailored to address the ESA violations.