Northwest Resource Information Center, Inc. v. Northwest Power Planning Council

Good Law
35 F.3d 1371·1994 WL 484968
United States Court of Appeals for the Ninth CircuitSeptember 9, 1994Nos. 92-70190, 92-70191, 93-70055, 93-70059 and 93-70064California12,145 words

Opinion

Lead Opinion

Tang, J.

Salmon and hydropower are the two great natural resources of the Columbia River Basin. At odds for most of this century, congressional action in 1980 injected a needed resolve into the conflict, inciting a sense of optimism. Since that time, optimism has largely given way to the dynamics of a classic struggle between environmental and energy interests. The climax of this particular struggle may well be our review of the parties’ efforts constituting what has been touted as the world’s largest program of biological restoration.

The Northwest Resources Information Center, Inc., and other environmental interests (collectively “NRIC”), the Confederated Tribes and Bands of the Yakima Indian Nation (the “Yakima Nation”), and the Aluminum Company of America and other companies purchasing power from the Bonneville Power Administration (the “Direct Service Industries” or “DSIs”) challenge the Pacific Northwest Electric Power and Conservation Planning Council’s final amendments to the Columbia River Basin Fish and Wildlife Program (the “Program” or “Strategy for Salmon”). These cases have been consolidated for decision on the petitions for review.

BACKGROUND

The flows of the Columbia…

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