National Wildlife Federation v. National Marine Fisheries Service

These consolidated appeals bring us once more to the Pacific Northwest, for another round in the complex and long-running battle over salmon and steelhead listed under the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-1544 . In this ESA action brought by the National Wildlife Federation and other plaintiffs (collectively “NWF”), we consider a November 2004 Biological Opinion (“2004 BiOp”) addressing the effects of proposed operations of Federal Columbia River Power System (“FCRPS” or “Columbia River System”) dams and related facilities on listed fish in the lower Columbia and Snake Rivers. The 2004 BiOp, issued by the agency formerly known as the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration (“NMFS”), found that proposed FCRPS operations for 2004 through 2014 would not jeopardize the thirteen area salmonid species that are listed as threatened or endangered, nor adversely modify their critical habitat. NMFS and the State of Idaho (collectively “NMFS”) appeal from the district court’s determination that the 2004 BiOp was structurally flawed and from certain portions of its chosen remedy. We affirm.

I

The factual and procedural…