Upper Snake River Chapter of Trout Unlimited v. Hodel
United States Court of Appeals for the Ninth Circuit
921 F.2d 232 (1990)
- Written by Curtis Parvin, JD
Facts
The Bureau of Reclamation (the bureau) (defendant) had managed and controlled the Palisades Dam and Reservoir (the dam) since its construction in 1956. The dam’s site is the South Fork of the Snake River in Idaho. The Snake River is a renowned trout stream. The bureau’s standard operating procedure was to maintain a flow above 1,000 cubic feet per second (cfs). However, to maintain appropriate storage levels for irrigation, the bureau periodically reduced the flow below 1,000 cfs due to dry weather conditions. Flow levels below 1,000 cfs had an adverse impact on a downstream fishery. In 1987, the bureau reduced the flow below 1,000 cfs due to dry conditions. The Upper Snake River Chapter of Trout Unlimited and others (the organizations) filed suit against the bureau (naming, among others, Secretary of the Interior Donald P. Hodel) in the United States District Court seeking injunctive relief and declaratory judgment. The organizations asserted that the bureau had failed to obtain an environmental-impact statement (EIS) as required by the National Environmental Policy Act of 1969 (NEPA). The district court entered judgment in favor of the bureau, and the organizations appealed.
Rule of Law
Issue
Holding and Reasoning (Koelsch, J.)
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