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National Wildlife Federation V. National Marine Fisheries Service, Jacob R. Schwaller
National Wildlife Federation V. National Marine Fisheries Service, Jacob R. Schwaller
Public Land & Resources Law Review
The tide in the legal battle surrounding anadromous fish protections in the Columbia River watershed most recently swung in favor of the fish. In the latest iteration of National Wildlife Federation v. National Marine Fisheries Service, the Court found in a lengthy opinion that NOAA fisheries acted arbitrarily and capriciously when it issued its 2014 BiOp concluding that the FCRPS did not violate the ESA. The Court also ruled that the Corps violated NEPA by failing to prepare an environmental impact statement in connection with their records of decision implementing reasonable and prudent alternatives in the BiOp. This decision could …