Conservation Groups Push for Emergency Measures for Salmon

A coalition of conservation groups and the state of Oregon has requested federal intervention to protect threatened salmon and steelhead populations. On March 12, 2024, the plaintiffs asked Judge Michael Simon in Portland, Oregon, to implement temporary protective measures at the Snake and Columbia River dams as legal proceedings concerning the hydropower system resume.

The plaintiffs are urging the court to mandate that the Army Corps of Engineers, the Bureau of Reclamation, and the Bonneville Power Administration allow water to spill over the dams continuously during the spring juvenile fish migration period. They are also seeking increased spill during the summer, fall, and winter months. These actions aim to lower water temperatures and reduce reservoir levels during crucial migration periods. Research indicates that increased spill helps juvenile salmon and steelhead avoid the hazards associated with dam turbines and complex fish bypass systems, thereby enhancing their survival rates.

“Emergency measures will benefit the baby salmon leaving the river next year and provide hope for those whose livelihoods and culture depend on their success,” stated Liz Hamilton, Policy Director for the Northwest Sportfishing Industry Association. The organization emphasizes the need for these measures as a means to sustain fish populations while pursuing a comprehensive solution to the ongoing challenges posed by the dams.

This legal action signifies the continuation of litigation regarding a 2020 plan established during the final days of former President Donald Trump’s administration. The plaintiffs previously challenged this plan, asserting that it violated the Endangered Species Act by failing to adequately protect fish populations. The lawsuit was paused two years ago when the Biden administration negotiated an agreement with Columbia River tribes, including the Nez Perce Tribe, as well as the states of Oregon and Washington. This agreement aimed to explore long-term solutions for the salmon and dam issues, which have persisted for over three decades.

Although the agreement did not authorize dam breaching—an option favored by many salmon advocates—it did allocate $1 billion for salmon recovery efforts and renewable energy development. The plaintiffs agreed to suspend litigation for at least five years, with the possibility of extending this timeframe to ten years. The Trump administration later undermined this agreement, receiving support from stakeholders, including farmers who depend on barge transportation for exporting crops, irrigation interests around the Tri-Cities, and the hydropower sector.

Opponents of the requested emergency measures argue that implementing them would significantly increase energy costs across the Pacific Northwest and negatively impact farmers. They advocate for renewed negotiations outside of court. “This is the moment for the Northwest to come together around real solutions,” said Clark Mather, Executive Director of Northwest River Partners. He emphasized the importance of collaboration in developing effective strategies to protect salmon while maintaining a reliable and affordable energy system.

The conservation groups maintain that salmon populations continue to decline. In their recent legal filing, they stated, “Over these decades, as Federal Defendants have wasted precious time interpreting and reinterpreting the ESA and its regulations, listed salmon and steelhead impacted by the Columbia River System have suffered ongoing decline and currently teeter on the brink of extinction.”

As the litigation unfolds, the outcome will have significant implications for both the future of salmon populations and the energy dynamics in the region.