Yesterday, Advocates for the West secured a strong victory for Upper Willamette River wild spring Chinook salmon and winter steelhead when Chief Judge Hernández of the District of Oregon ruled that the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) by failing to take necessary steps to ensure the survival and recovery of these iconic fish.
The Corps manages eight dams in the Upper Willamette Basin that significantly alter habitat and harm these fish. Natl Marine Fisheries Service directed the Corps in 2008 to start making changes to dam operations that would improve survival of Chinook and steelhead.
After more than a decade of delays and inaction by the Corps, we filed suit in 2018 on behalf of Northwest Environmental Defense Center, WildEarth Guardians, and Native Fish Society, asking the court to compel the Corps to make immediate operational adjustments to these dams in order to save the rapidly dwindling numbers of salmon and steelhead.
Dams on four key tributaries of the Willamette River block between 30-90% of spawning habitat. The dams’ heights and large reservoirs make it nearly impossible for small fish to swim downstream and for adult fish to access critical spawning habitats upstream. Dam operations create unnatural flows, which increases fish mortality by impacting habitat, water quality and water temperature.
The Court found that “Plaintiffs have shown the Corps' operation of the [Willamette Valley Project] without completing the [required] measures is causing the species' decline.” Further, the Court found that “it is undisputed that significant measures were never carried out, some were delayed, some have not yet occurred, and some will not occur in time to meet future deadlines. Meanwhile, [Upper Willamette River] Chinook and steelhead populations continue to decline, although both species remain listed as ‘threatened’ after a 2016 Natl Marine Fisheries Service status review.”
In light of the Corps' failure to carry out "the most important [required] measures" related to fish passage and water quality, the Court ruled favorably on all three of our Endangered Species Act (ESA) claims, holding that:
1) the Corps' continuing operation of the Willamette Dams is jeopardizing the survival and recovery of both species,
2) the Corps' operations are unlawfully "taking" Upper Willamette Chinook salmon and steelhead due to high mortality and injury of fish, and
3) the Corps' and NMFS's significant delay in reinitiating consultation was “a substantial procedural violation of the ESA.”
“The court recognized the Corps has been shirking its legal responsibility to improve conditions for Upper Willamette River Chinook and steelhead for years, and that its operation of the dams continues to inflict severe harm to these species." Said Senior Attorney Laurie Rule. "Hopefully this ruling leads to significant changes in the Corps’ management of these dams that take the species off the path to extinction and instead put them on a path to recovery.”
We are now in the process of preparing a briefing schedule to determine the appropriate remedy. We'll keep you informed as we move forward in this critical fight for Willamette Basin salmon and steelhead!
Read the Court Decision
And DONATE....for god's sake!!
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