U.S. Appeals Court Upholds Order on Dams to Aid Salmon
A federal appeals court Tuesday upheld a lower court order demanding that the government spill water through five Northwest hydroelectric dams to help salmon migrating to the Pacific.
The U.S. Army Corps of Engineers was forced to allow substantial flows to bypass energy generating turbines following a June 20 order by U.S. District Judge James Redden of Portland. Redden ruled that the salmon were imperiled when swimming through those dams’ turbines as they headed to the sea hundreds of miles away.
The Bush administration called the order an “untested experiment,” and “micromanaging the Columbia river” while urging the U.S. 9th Circuit Court of Appeals to reverse Redden’s order.
A three-judge panel of the appeals court ruled unanimously that the judge “did not abuse” his discretion in ordering the increased water flows, which are to last through August.
The Bonneville Power Administration, which sells the electricity generated by the dams, estimated spilling the water rather than running it through turbines will cost $67 million in lost revenue.
At the request of salmon advocates, fishermen and Indian tribes, Redden ruled: “As currently operated, I find that the dams strongly contributed to the endangerment of the listed species and irreparable injury will result if changes are not made.”
Environmentalists, who brought the case, said the government hadn’t met its obligations to protect salmon.
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