YellowSub1962
05-04-2001, 09:28 AM
``And we hope this lawsuit leads to a formal and legal discussion about how we move forward to better implement the Endangered Species Act with sound science,''
<font color="yellow">and how exactly do you implement fallacies with sound science?!?! <IMG SRC="smilies/confused.gif" border="0">...oh yeah, you sue the federal government into legislating them!! <IMG SRC="smilies/flipoff.gif" border="0"> the greenies</font c>
http://news.findlaw.com/legalnews/s/20010503/utilitiesnorthwestlawsuit.html
-Groups sue US to protect salmon from NW power dams
SAN FRANCISCO (Reuters) - A coalition of 13 environmentalist groups filed a lawsuit Thursday against the federal government for failing to protect endangered salmon in the face of heavy hydro-electricity demand at U.S. Northwest dams.
``People have been trying to pit the needs of salmon against the energy problems and the drought in the Pacific Northwest, but we believe we can do both things,'' John Kober, a spokesman for the National Wildlife Federation, told Reuters.
``And we hope this lawsuit leads to a formal and legal discussion about how we move forward to better implement the Endangered Species Act with sound science,'' he said.
The NWF is the lead plaintiff in the lawsuit, filed against the National Marine Fisheries Service in a federal court in Portland, Ore.
The NMFS, along with the Bonneville Power Administration and seven other federal groups, was a lead agency that developed a plan last December governing operations at the 29 federal dams strung along the Columbia and Snake Rivers in the Northwest, an area that extends into six states and Canada.
The Northwest depends on those dams for about 70 percent of its electricity, and energy-starved California has leaned heavily on BPA for emergency supplies to help it avoid blackouts.
Thursday's lawsuit, joined by groups like the Sierra Club and the Northwest Sportfishing Industry Association, seeks a review of the federal plan, which critics say is flawed and harms rather than helps 12 salmon species already on the endangered species list.
As evidence of the plan's flaws, the lawsuit takes aim at the BPA for its emergency decision in April to stop spilling water at the region's giant, federally managed dams, running the water instead through the dams' turbines to generate badly needed electricity.
``That decision has created a get-out-of-jail-free card because of the drought we're having in the Northwest right now and suspends efforts for salmon recovery,'' Jim Martin, a board member of the NWF, told a teleconference with reporters shortly after filing the lawsuit.
Environmentalists, who claim BPA's decision could slaughter thousands of salmon, also did not rule out seeking a court injunction that could force the agency to restart spills -- a move that could potentially lower output from the region's vital hydro power dams during the hot summer months.
Without the benefit of a spillway, young salmon risk being drawn into the dams' turbines and killed as they make their way downstream from spawning grounds to the Pacific Ocean.
Portland, Ore.-based BPA, which markets electricity from the dams on the Columbia and Snake Rivers, said low water levels caused by a severe drought and the need to maintain a reliable flow of power forced it to stop the annual spill.
DROUGHT AND FEW FUNDS
The Pacific Northwest has seen one of its driest winters in decades, slashing energy output from the region's dams and prompting Washington State Gov. Gary Locke to declare an official drought in the state.
The lawsuit also criticized the apparent lack of funding from the Bush Administration for research to improve recovery of salmon populations and for buying water to help salmon migrate out to the Pacific Ocean.
``From what we can gather, only around $50 million has been appropriated under the Bush Administration's budget proposal,'' well below the $120 million to $200 million that had been set aside in the last days of the Clinton Administration, the NWF's Kober said.
The lawsuit comes after a charged debate last year on whether to remove four huge hydro-electric dams on the Columbia and Snake Rivers.
That debate has been quieted by the drought, which has made the region's scant hydro supplies that much more valuable, and strong opposition to dam-breaching from the Bush Administration and most regional policy-makers.
But most of the groups involved in the lawsuit said dam-breaching remained a high priority.
``If we are successful with the court, we think that (dam-breaching) will be an option front and center and that the government will have to consider it,'' said Todd True of the San Francisco-based Earthjustice Legal Defense Fund, formerly the Sierra Club Legal Defense Fund.
The federal plan released in December also did not rule out dam-breaching to halt extinction of the 12 salmon species.
Environmental, fishing and Indian tribes still want the dams torn down, claiming they are the primary reason behind the steep drop in salmon stocks in recent decades.
However, opponents of dam-breaching also blame logging, mining and overfishing for the salmon decline and say removing the dams would cause heavy economic damage to the local economy.
The number of salmon returning from the sea to spawn each year in the Northwest has declined from an estimated stock of 10 million to 16 million a century ago to about 1 million today.
<font color="yellow">and how exactly do you implement fallacies with sound science?!?! <IMG SRC="smilies/confused.gif" border="0">...oh yeah, you sue the federal government into legislating them!! <IMG SRC="smilies/flipoff.gif" border="0"> the greenies</font c>
http://news.findlaw.com/legalnews/s/20010503/utilitiesnorthwestlawsuit.html
-Groups sue US to protect salmon from NW power dams
SAN FRANCISCO (Reuters) - A coalition of 13 environmentalist groups filed a lawsuit Thursday against the federal government for failing to protect endangered salmon in the face of heavy hydro-electricity demand at U.S. Northwest dams.
``People have been trying to pit the needs of salmon against the energy problems and the drought in the Pacific Northwest, but we believe we can do both things,'' John Kober, a spokesman for the National Wildlife Federation, told Reuters.
``And we hope this lawsuit leads to a formal and legal discussion about how we move forward to better implement the Endangered Species Act with sound science,'' he said.
The NWF is the lead plaintiff in the lawsuit, filed against the National Marine Fisheries Service in a federal court in Portland, Ore.
The NMFS, along with the Bonneville Power Administration and seven other federal groups, was a lead agency that developed a plan last December governing operations at the 29 federal dams strung along the Columbia and Snake Rivers in the Northwest, an area that extends into six states and Canada.
The Northwest depends on those dams for about 70 percent of its electricity, and energy-starved California has leaned heavily on BPA for emergency supplies to help it avoid blackouts.
Thursday's lawsuit, joined by groups like the Sierra Club and the Northwest Sportfishing Industry Association, seeks a review of the federal plan, which critics say is flawed and harms rather than helps 12 salmon species already on the endangered species list.
As evidence of the plan's flaws, the lawsuit takes aim at the BPA for its emergency decision in April to stop spilling water at the region's giant, federally managed dams, running the water instead through the dams' turbines to generate badly needed electricity.
``That decision has created a get-out-of-jail-free card because of the drought we're having in the Northwest right now and suspends efforts for salmon recovery,'' Jim Martin, a board member of the NWF, told a teleconference with reporters shortly after filing the lawsuit.
Environmentalists, who claim BPA's decision could slaughter thousands of salmon, also did not rule out seeking a court injunction that could force the agency to restart spills -- a move that could potentially lower output from the region's vital hydro power dams during the hot summer months.
Without the benefit of a spillway, young salmon risk being drawn into the dams' turbines and killed as they make their way downstream from spawning grounds to the Pacific Ocean.
Portland, Ore.-based BPA, which markets electricity from the dams on the Columbia and Snake Rivers, said low water levels caused by a severe drought and the need to maintain a reliable flow of power forced it to stop the annual spill.
DROUGHT AND FEW FUNDS
The Pacific Northwest has seen one of its driest winters in decades, slashing energy output from the region's dams and prompting Washington State Gov. Gary Locke to declare an official drought in the state.
The lawsuit also criticized the apparent lack of funding from the Bush Administration for research to improve recovery of salmon populations and for buying water to help salmon migrate out to the Pacific Ocean.
``From what we can gather, only around $50 million has been appropriated under the Bush Administration's budget proposal,'' well below the $120 million to $200 million that had been set aside in the last days of the Clinton Administration, the NWF's Kober said.
The lawsuit comes after a charged debate last year on whether to remove four huge hydro-electric dams on the Columbia and Snake Rivers.
That debate has been quieted by the drought, which has made the region's scant hydro supplies that much more valuable, and strong opposition to dam-breaching from the Bush Administration and most regional policy-makers.
But most of the groups involved in the lawsuit said dam-breaching remained a high priority.
``If we are successful with the court, we think that (dam-breaching) will be an option front and center and that the government will have to consider it,'' said Todd True of the San Francisco-based Earthjustice Legal Defense Fund, formerly the Sierra Club Legal Defense Fund.
The federal plan released in December also did not rule out dam-breaching to halt extinction of the 12 salmon species.
Environmental, fishing and Indian tribes still want the dams torn down, claiming they are the primary reason behind the steep drop in salmon stocks in recent decades.
However, opponents of dam-breaching also blame logging, mining and overfishing for the salmon decline and say removing the dams would cause heavy economic damage to the local economy.
The number of salmon returning from the sea to spawn each year in the Northwest has declined from an estimated stock of 10 million to 16 million a century ago to about 1 million today.