Pacific Coast Federation of Fishermen's Associations v. United States Bureau of Reclamation

Eight organizations representing environmental and fisheries interests sued the United States Bureau of Reclamation (BOR) and the National Marine Fisheries Service (NMFS) for injunctive and declaratory relief, alleging violations of the federal Endangered Species Act (ESA), 16 U.S.C. §§ 1531-1544 . The lawsuit concerned the federal government’s efforts to operate an irrigation project in accordance with its responsibilities under the ESA to protect the threatened Southern Oregon/ Northern California Coast (SONCC) coho salmon and its habitat. On appeal, the Pacific Coast Federation of Fishermen’s Associations and the other plaintiffs (collectively referred to as Pacific Coast) contend that the government’s actions are arbitrary and capricious, in violation of the ESA. They argue that the government’s plan employs a phased approach but does not analyze how the first two phases, encompassing eight years of a ten year plan, will avoid jeopardy to the coho salmon. Appellees, the federal agencies, and defendant/intervenor Klamath Water Users Association (KWUA) urge that the plan reflects the agency’s best judgment in the face of scientific uncertainty and contains sufficient analysis to…