Oregon Natural Resources Council, Inc. v. Bureau of Reclamation

Oregon Natural Resources Council, Inc., et al. (“the Council”), filed suit against the Bureau of Reclamation, et al. (“the Bureau”), alleging the Bureau’s activities at the Kla-math Irrigation Project (“the Project”) violated the Endangered Species Act, 16 U.S.C. § 1531 et seq. Later amendments to the complaint added claims that the Bureau failed to comply with the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”). The Council appeals the district court’s summary judgment for the Bureau on the NEPA claims.

I.

The water levels in Klamath Lake and Clear Lake, which are part of the Project, are controlled by dams. Water is released as required to meet the irrigation needs of the Project. In recent drought years, the Bureau has maintained water levels of the lakes at historic lows.

In the late 1960’s, the Bureau began using aquatic herbicides in the Project’s waterways. The herbicides poisoned two varieties of fish that inhabit the Project’s waterways, the shortnose sucker and the Lost River sucker. In 1988, these fish were listed as endangered species.

The Council claims the Bureau violated NEPA by failing to comply with NEPA’s procedural requirements before…