Aluminum Co. of America v. Administrator, Bonneville Power Administration

This proceeding is the latest in a series of cases involving the continuing conflict between salmon and hydropower, “the two great natural resources of the Columbia River Basin.” Northwest Resource Info. Ctr., Inc. v. Northwest Power Planning Council, 35 F.3d 1371 , 1375 (9th Cir.1994). Salmon, as anadromous fish, hatch in freshwater tributaries, and then travel as juveniles or “smolts” to the ocean, where they reach maturity. As adults, salmon return to their natal streams and lakes to spawn and die. In traveling to and from the Pacific Ocean, the salmon species at *1158 issue here 1 must pass through or around 2 dams and reservoirs that are part of the world’s largest hydropower system, the Federal Columbia River Power System (the “FCRPS”). The U.S. Army Corps of Engineers (the “Corps”) and the U.S. Bureau of Reclamation (the “Bureau”) operate the FCRPS. In turn, the Bonneville Power Administration (the “BPA”) markets the hydroelectric power generated by the FCRPS.

In 1995, the National Marine Fisheries Service (“NMFS”) declared that the then proposed FCRPS operations plan would jeopardize the continued existence of the salmon at issue and recommended measures to avoid such…