Northwest Resource Information Center, Inc. v. Northwest Power Planning Council

The Columbia River Basin (the basin) had the largest hydropower system and the largest salmon runs in the world. However, the presence of dams required for hydropower were detrimental to the salmon population. In 1980, Congress enacted the Northwest Power Act. The Northwest Power Act mandated that wildlife be given equitable treatment to ensure that salmon were better protected from the effects of hydropower projects. The Northwest Power Act established the Pacific Northwest Electric Power and Conservation Planning Council (the council). The council was directed to create a program to protect the salmon of the basin. The Northwest Power Act sought to strike a balance between protecting salmon and maintaining an economical and reliable power supply. Under the Northwest Power Act, the council had to choose conservation measures with the lowest cost if multiple measures achieved the same biological objective. In this context, a biological objective was a metric or goal for the salmon population. Pursuant to the Northwest Power Act, a coalition of federal and state fish-and-wildlife agencies and Indian tribes was formed. This coalition comprised the basin’s fishery managers. The coalition recommended a goal of restoring the salmon population to pre-1953 levels. In 1982, the council created a fish-and-wildlife program (the program) aimed at increasing the salmon population in the basin, but the council rejected the coalition’s recommended goal and failed to provide any specific biological objectives with which to evaluate the success of conservation measures. Unfortunately, the salmon population continued to decline. In 1992, the council amended its program and added its Strategy for Salmon to the program. Although the Strategy for Salmon called for some actions to increase the salmon population, the Strategy for Salmon still did not include any specific biological objectives in the program and failed to give deference to the expertise of the coalition. Strategy for Salmon did not apply a cost-benefit analysis to its recommended conservation measures. The Northwest Resources Information Center and other environmental interests (plaintiffs) filed suit, claiming that the council violated the Northwest Power Act in failing to give due weight to the fishery managers of the coalition and include specific biological objectives in its program. Additionally, several companies (plaintiffs), as purchasers of hydropower, filed suit against the council, claiming that the council violated the Northwest Power Act in failing to conduct a cost-benefit analysis of its program. Both groups appealed, and the appeals were consolidated.