Legal Opinion
Idaho Department of Fish & Game v. National Marine Fisheries Service
Court of Appeals for the Ninth Circuit
Decided June 1, 1995No. Nos. 94-35524, 94-35568PublishedCited by 15 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
In this second of three related cases,1 we must decide whether the National Marine Fisheries Service complied with its duties under the Endangered Species Act, specifically with respect to its approval of the 1993 Operations Plan for the hydropower system on the Columbia and Snake Rivers.
I
The U.S. Army Corps of Engineers (the “Corps”), the U.S. Bureau of Reclamation (“BuRec”), and the Bonneville Power Administration (“BPA”) jointly manage the dams, reservoirs, and other facilities in the Columbia and Snake River Basin that constitute the Federal Columbia River Power…
2Cases cited4 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Greenpeace Action v. FranklinCourt of Appeals for the Ninth Circuit · 1993
- Idaho Department of Fish & Game v. National Marine Fisheries ServiceDistrict Court, D. Oregon · 1994
- Aluminum Co. of America v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1995
3Cited by15 opinions
- Planned Parenthood of Greater v. UshhsCourt of Appeals for the Ninth Circuit · 2020
- Alliance for the Wild Rockies v. Christopher SavageCourt of Appeals for the Ninth Circuit · 2018
- State of Alaska Department of v. Federal Subsistence BoardCourt of Appeals for the Ninth Circuit · 2023
- Aqualliance v. U.S. Bureau of ReclamationDistrict Court, E.D. California · 2018
- Idaho Department of Fish & Game, State of Oregon, Intervenor-Appellee, Northwest Resource Information Center, Inc., Intervenor-Appellee v. National Marine Fisheries Service, Defendant-Cross-Defendant-Appellee, Direct Service Industrial Customers (Aluminum Co. Of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp.), Defendant-Intervenor-Appellant v. Randall W. Hardy, in His Official Capacity as Administrator of the Bonneville Power Administration, Third-Party-Defendant-Appellee. Idaho Department of Fish & Game, and State of Oregon, Intervenor-Appellee v. National Marine Fisheries Service, Defendant-Cross-Defendant-Appellee v. Pacific Northwest Generating Cooperative, Defendant-Intervenor-Appellant v. Randall W. Hardy, in His Official Capacity as Administrator of the Bonneville Power Administration, Third-Party-Defendant-AppelleeCourt of Appeals for the Third Circuit · 1995
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