Nric

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NORTHWEST RESOURCE No. 10-72104

INFORMATION CENTER, INC.,

Petitioner,

v. OPINION

NORTHWEST POWER AND

CONSERVATION COUNCIL,

Respondent,

NORTHWEST RIVERPARTNERS;

BONNEVILLE POWER

ADMINISTRATION; PUBLIC POWER

COUNCIL,

Respondents-Intervenors.

Appeal from the Northwest Power and Conservation Council

Argued and Submitted June 7, 2013—Seattle, Washington

Filed September 18, 2013 NW RES. INF. CTR. V. NW POWER & CONSERV. COUNCIL

Before: Arthur L. Alarcón, Ronald Lee Gilman*, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Gilman; Partial Concurrence and Partial Dissent by Judge Ikuta

SUMMARY**

Northwest Power Act

The panel affirmed the Sixth Northwest Power Plan, adopted by the Northwest Electric Power and Conservation Council, concerning a “due consideration” challenge to the accommodation of fish and wildlife interests with hydropower interests in the Columbia River Basin, and remanded on a limited basis for additional consideration.

Petitioner, an environmental group, alleged that the Council failed to give “due consideration” to the…