American Rivers v. National Marine Fisheries Service

FERGUSON, Circuit Judge:

Environmental and commercial fishing organizations 1 (collectively “American Rivers”), appeal the district court’s denial of their motion for summary judgment and its grant of defendants’ cross-motion for summary judgment. The defendants are the National Marine Fisheries Service (“NMFS”) and the federal agencies2 that operate the Federal Columbia River Power System (“River Power System”). American Rivers contends that the federal agencies violated § 7(a)(2) of the Endangered Species Act, 16 U.S.C. § 1536(a)(2), because the operation of the River Power System…