Legal Opinion

Idaho Rivers United v. Foss

District Court, D. Idaho

Decided February 4, 2005No. CIV.04-0473-S-BLWPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION and ORDER

WINMILL, Chief Judge.

INTRODUCTION

The Court has before it a motion to dismiss filed by defendants Jeff Foss, the Director of the Snake River Office of the United States Fish and Wildlife Service (FWS) and the FWS (hereinafter referred to collectively as the FWS). The Court heard oral argument on January 26, 2005, and the motion is now at issue. For the reasons expressed below, the Court will grant the motion.

FACTUAL BACKGROUND

Plaintiff Idaho Rivers United (IRU) challenges a May 2004 Biological Opinion (2004 BO) issued by the FWS. The 2004 BO assesses the likely…

2Cases cited5 opinions

  1. Bennett v. SpearSupreme Court of the United States · 1997
  2. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  3. Lands Council v. PowellCourt of Appeals for the Ninth Circuit · 2004
  4. California Save Our Streams Council, Inc. v. YeutterCourt of Appeals for the Ninth Circuit · 1989
  5. Southwest Center for Biological Diversity v. Federal Energy Regulatory CommissionDistrict Court, D. Arizona · 1997

3Cited by4 opinions

  1. Pacific Coast Federation of Fishermen's Associations v. GutierrezDistrict Court, E.D. California · 2008
  2. Gulf Restoration Network v. United States Department of TransportationCourt of Appeals for the Fifth Circuit · 2006
  3. Maine Council of the Atlantic Salmon Federation v. National Marine Fisheries ServiceCourt of Appeals for the First Circuit · 2017
  4. Sierra Club v. National Marine Fisheries ServiceDistrict Court, D. Maryland · 2025

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