Jones

*977 MEMORANDUM *

The Joneses, the owners of a small, family ranch, appeal from a decision of the district court granting summary judgment to the Idaho Watershed Project and the Committee for Idaho’s High Desert, two concerned environmental groups. The parties are familiar with the facts and proceedings so we need not recite them here.

Under the relevant substantive law, the Joneses should be enjoined to use a fish screen and a head gate in their diversion if there is a reasonably certain imminent threat, see Defenders of Wildlife v. Bernal, 204 F.3d 920, 925 (9th Cir.2000), that the lack of a fish screen or a head gate will kill or injure bull trout or will modify habitat in a way that kills and injures bull trout (including by significantly impairing then-breeding, shelter, or feeding), see 50 C.F.R. § 17.3 .

In determining whether the evidence demonstrates a reasonably certain imminent threat, we treat all probative evidence as relevant. We consider the “best scientific or commercial evidence available,” but treat it as neither exclusively relevant nor automatically sufficient, in contrast to what might arguably be done under other sections of the Endangered Species Act. See…