National Wildlife Federation et al v. National Marine Fisheries Service et al

Filing 2415

ORDER STAYING LITIGATION - For the reasons stated by the parties, the Court GRANTS the parties' Joint Motion to Stay Litigation (ECF 2411 ). The Court DENIES WITHOUT PREJUDICE AND WITH LEAVE TO RENEW Plaintiffs' Corrected Motion fo r Preliminary Injunction ( 2390 ) and the State of Oregon's Corrected Motion for Preliminary Injunction (]2392]). The Court DENIES AS MOOT AND SUPERSEDED Plaintiffs' Motion for Preliminary Injunction ( 2373 ) and the State of Oregon's Motion for Preliminary Injunction ( 2382 ). The Court STAYS this litigation until July 31, 2022. Not later than July 31, 2022, the parties shall jointly file a status report. Signed on 10/26/2021 by Judge Michael H. Simon. (mja)

Case 3:01-cv-00640-SI

Document 2415

Filed 10/26/21

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

NATIONAL WILDLIFE FEDERATION,
AMERICAN RIVERS, PACIFIC COAST
FEDERATION OF FISHERMEN’S
ASSOCIATIONS, INSTITUTE FOR
FISHERIES RESOURCES, SIERRA
CLUB, IDAHO RIVERS UNITED,
NORTHWEST SPORTFISHING
INDUSTRY ASSOCIATION, NW
ENERGY COALITION, COLUMBIA
RIVERKEEPER, IDAHO
CONSERVATION LEAGUE, and FLY
FISHERS INTERNATIONAL, INC.,
Plaintiffs,
and
STATE OF OREGON, SPOKANE TRIBE
OF INDIANS, and COEUR D’ALENE
TRIBE,
Intervenor-Plaintiffs,
v.
NATIONAL MARINE FISHERIES
SERVICE, U.S. ARMY CORPS OF
ENGINEERS, U.S. BUREAU OF
RECLAMATION, and U.S. FISH AND
WILDLIFE SERVICE,
Defendants,

PAGE 1 – ORDER STAYING LITIGATION

Case No. 3:01-cv-640-SI
ORDER STAYING LITIGATION

Case 3:01-cv-00640-SI

Document 2415

Filed 10/26/21

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and
PUBLIC POWER COUNCIL,
COLUMBIA-SNAKE RIVER
IRRIGATORS ASSOCIATION,
NORTHWEST RIVER PARTNERS,
CONFEDERATED SALISH AND
KOOTENAI TRIBES, STATE OF
MONTANA, INLAND PORTS AND
NAVIGATION GROUP, STATE OF
IDAHO, and KOOTENAI TRIBE OF
IDAHO,
Intervenor-Defendants.

Michael H. Simon, District Judge.
This lawsuit began in May 2001, more than twenty years ago. On January 20, 2021,
Plaintiffs filed their Eighth Supplemental Complaint. Shortly thereafter, Intervenor-Plaintiff
Spokane Tribe of Indians filed its Complaint-in-Intervention, followed by Intervenor-Plaintiff
State of Oregon’s Fifth Supplemental Complaint-in-Intervention, followed by IntervenorPlaintiff Couer D’Alene Tribe’s Complaint-in-Intervention. In July 2021, Plaintiffs and the State
of Oregon filed motions for preliminary injunction. Pursuant to the parties’ stipulation, briefing
on these motions will not be complete for several more months.
On October 21, 2021, the parties filed their Joint Motion to Stay Litigation until July 31,
2022. This would include staying the two pending motions for preliminary injunction and all
anticipated motions for summary judgment. The parties explain that they currently are in good
faith discussions to resolve the entire litigation and that they have reached an agreement
regarding short-term operations of the Federal Columbia River Power System, including spill
operations, which is the subject of the pending motions for preliminary injunction. Only amicus
curiae James M. Waddell opposes the parties’ Joint Motion to Stay Litigation. Mr. Waddell

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Case 3:01-cv-00640-SI

Document 2415

Filed 10/26/21

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argues the Court, under either its “inherent authority” or the authority provided by the
Endangered Species Act, should “order breach of the lower Snake River dams starting this year.”
ECF 2413. No party in this lawsuit, however, has moved for such an order, nor have the parties
presented legal argument on whether the Court legally can enter any such order. Thus, it is
premature to consider this issue.
For the reasons stated by the parties, the Court GRANTS the parties’ Joint Motion to Stay
Litigation (ECF 2411). The Court DENIES WITHOUT PREJUDICE AND WITH LEAVE TO
RENEW Plaintiffs’ Corrected Motion for Preliminary Injunction (2390) and the State of
Oregon’s Corrected Motion for Preliminary Injunction (2392). The Court DENIES AS MOOT
AND SUPERSEDED Plaintiffs’ Motion for Preliminary Injunction (2373) and the State of
Oregon’s Motion for Preliminary Injunction (2382). The Court STAYS this litigation until
July 31, 2022. Not later than July 31, 2022, the parties shall jointly file a status report.
IT IS SO ORDERED.
DATED this 26th day of October, 2021.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge

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