indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Court rejects Bush salmon plan on Columbia River
Tuesday, April 10, 2007
Filed Under: Environment | Law

A federal appeals court rebuked the Bush administration on Monday for failing to consult tribes with treaty rights in the Pacific Northwest.

The Nez Perce Tribe of Idaho, the Umatilla Tribes of Oregon, the Warm Springs Tribes of Oregon and Yakama Nation of Washington signed treaties in 1855 to preserve their fishing rights on the Columbia and Snake rivers. But they say four hydroelectric dams have harmed the salmon that is so important to their way of live.

In hopes of preserving the fish and their cultures, the tribes have sought removal of the dams. Their campaign was dealt a blow in December 2004, when the Bush administration issues a biological opinion that rejected breaching as a means of protecting endangered and threatened salmon runs.

In May 2005, a federal judge threw out the biological opinion, saying it was based on flawed science, and ordered the administration to consult with the treaty tribes. Government attorneys appealed the decision and said the consultation directive was out of bounds.

The 9th Circuit Court of Appeals, however, rejected those arguments. In a unanimous decision, the court said the biological opinion "amounted to little more than an analytical slight of hand" and violated the Endangered Species Act.

The court further agreed that the consultation requirement was reasonable, given the history of the case. At one point, near the end of the Clinton administration, the federal agencies in charge of the dams said breaching was an option.

But when President Bush took over in January 2001, the landscape changed and dam removal was taken off the table. "We hold that on this record, requiring consultation with states and tribes constitutes a permissible procedural restriction rather than an impermissible substantive restraint,' Judge Sidney R. Thomas wrote for the majority.

The decision doesn't mean the government must remove the dams but advocates said there is no other choice in order to save the salmon. "Our region needs a scientifically sound, economically viable solution, and that solution includes removing the four dams on the lower Snake River," said Steve Mashuda, an attorney with Earthjustice, one of the many groups involved in the case.

The four Columbia River treaty tribes participated in the case through friend of the court brief. In February of this year, the tribes reached an agreement with the government to cover operations for 2007.

A fifth tribe, the Kootenai of Idaho, intervened in the case as a defendant on the side of the government but has supported efforts to protect salmon and has called on federal agencies to include tribes in their efforts in the Pacific Northwest.

The court's decision also requires the federal agencies to consult the Spokane Tribe of Washington and the Colville Tribes of Washington.

Separately, the Yakama Nation won a court decision to require the government to keep operating the Fish Passage Center, which counts salmon on the Columbia River. Sen. Larry Craig (R-Idaho) inserted a rider into an appropriations bill aimed at killing funding for the center in direct response to the case.

9th Circuit Decision:
National Wildlife Foundation v. National Marine Fisheries Service (April 9, 2007)

Bush Adminstration Salmon Plan Documents:
Biological Opinion | Proposed Action | Court Documents

Relevant Links:
Columbia Inter-Tribal Fish Commission - http://www.critfc.org

Related Stories:
Tribes mark 50 years after loss of Celilo Falls (03/12)
9th Circuit saves salmon center from Republican rider (01/30)
Editorial: Refreshing deal with Yakama Nation (08/18)
Yakama Nation signs salmon protection agreement (08/15)
Yakama Nation seeks compensation for salmon (07/04)
Judge orders new plan for salmon on Snake River (05/24)
Idaho senator kills salmon counting center (11/30)
Idaho senator inserts rider to kill salmon counting (06/24)
Judge orders Bush to reconsider salmon plan (05/27)
Columbia River tribes forced to shut down fishery (05/11)
Mark Trahant: Few salmon left for tribal ceremonies (04/25)
Tribe seeks higher standard on Columbia River (04/21)
Yakama Nation agrees to dam conservation plans (03/31)
Report backs tribe in Columbia River pollution claim (03/08)
Bush administration to reduce protections for salmon (12/01)
Warm Springs Tribes criticize shift on dam breaching (09/10)
Federal agencies change minds on removal of dams (09/01)
Nez Perce Tribe calls for protection of salmon (08/13)
Judge sides with tribes on proposed water spill (07/29)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native American Council meets at Democratic National Convention (7/25)
Police officer cleared over fatal shooting of Navajo Nation woman (7/25)
Doug George-Kanentiio: Donald Trump and his campaign of hatred (7/25)
Native Sun News: Tribal advocate focuses on Great Plains efforts (7/25)
Lakota Country Times: Descendants of Pine Ridge legend gather (7/25)
Johnny Rustywire: Navajo mother works hard at motel for family (7/25)
Alex Jacobs: Nation finally admits problem with policing and race (7/25)
Dwaine Perry: Ramapough Lunaape Nation marching for justice (7/25)
Charges filed for assault on disabled member of Nisqually Tribe (7/25)
Man arrested for American Indian Movement flag settles lawsuit (7/25)
Interior Department consults tribes about new trust reform law (7/22)
Training sessions planned for final Indian Child Welfare Act rule (7/22)
Yurok Tribe shares sad news about salmon festival -- no salmon (7/22)
Mark Charles: An entire nation's big problem with Donald Trump (7/22)
Mark Trahant: Donald Trump promises a world with no treaties (7/22)
Native Sun News: Appeal delays release of Keepseagle checks (7/22)
Lakota Country Times: Oglala Sioux Tribe hosts walk for cancer (7/22)
James Giago Davies: Police officers get away with 'kill option' (7/22)
Andre Cramblit: Police officer shootings seem far too common (7/22)
Donald Trump closes convention that left out Indian Country (7/22)
New law in Oklahoma goes against Indian Arts and Crafts Act (7/22)
NMAI seeks input from tribes about veterans memorial in DC (7/22)
Blackfeet Nation swears in leaders and looks to a new future (7/22)
Coeur d'Alene Tribe kicks off popular powwow after absence (7/22)
Mashpee Wampanoag Tribe declares emergency over opioids (7/22)
Review: Hard look at drugs in Indian Country in 'Seventh Fire' (7/22)
State takes blame for sharing Tohono O'odham Nation minutes (7/22)
Pokagon Band debuts expansion of gaming facility in Michigan (7/22)
Karuk Tribe ready for groundbreaking on long-awaited casino (7/22)
California remains a battleground for Indian Child Welfare Act (7/21)
Yurok Tribe launches operation to rid reservation of marijuana (7/21)
Laguna Pueblo loses case linked to military contract kickbacks (7/21)
Cherokee player Koda Glover wins praise in major league debut (7/21)
Education Department hosts Native youth for roundtable in DC (7/21)
Navajo Nation lawmakers approve bill for travel plaza at casino (7/21)
Mark Trahant: Trump's Republican convention is one big failure (7/21)
Native Sun News: Five Rosebud tribal members killed in crash (7/21)
Lakota Country Times: Fire deals setback to Rosebud program (7/21)
Brandon Ecoffey: Carrying the voices of our people to masses (7/21)
Delphine Red Shirt: Our children need to be kept close to home (7/21)
Peter d'Errico: Celebrating the dark side of White 'civilization' (7/21)
Oglala Sioux Tribe confirms shooting death of 13-year-old girl (7/21)
Tribes in Connecticut sponsor cruise for Republican delegates (7/21)
Tribal lobbyist not buying Donald Trump's message of change (7/21)
Mechoopda Tribe aims to work with county on delayed casino (7/21)
Seminole Tribe helps with probe into robbery of casino patron (7/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.