the film forum library tutorial contact

Gov. Brown's Lawsuit Challenges Collaboration by Debi Wilson and Greg Gardner The Register-Guard, April 1, 2021

Last November, Oregon Gov. Kate Brown announced her intent to sue the federal government over its management of the Federal Columbia River System for Endangered Species Act-listed salmon species.

The lawsuit is directed at the federal co-lead agencies that prepared the Columbia River System Operations Environmental Impact Statement and the National Oceanic and Atmospheric Administration for its accompanying biological opinion. This multiyear study examined the potential impacts on fish and wildlife from proposed hydroelectric operations and also settled on a comprehensive approach to the management of the CRS that meets statutory requirements and complies with all laws and regulations.

This lawsuit would continue a 20-year legal battle over the restoration of ESA-listed salmon and steelhead in the region and create ongoing uncertainty for Lane Electric and Blachly-Lane Electric and their hydro-based power supply. Stakeholders were disappointed with her decision to pursue a lawsuit and strongly encouraged her to reconsider a more collaborative approach.

In October, Brown, along with the governors of Washington, Idaho and Montana, announced the creation of a four-state collaborative process to restore a healthy salmon population, without adversely impacting affordable electricity and local economies. Yet on March 4, just one week after the first meeting of the CBC, the governor moved forward with her lawsuit.

Lane Electric and Blachly-Lane Electric, along with members of the CBC, believe the decision to pursue litigation while also leading a collaborative process is inappropriate. It will be difficult for the diverse stakeholders, sovereign tribes, states and other groups to partner in good faith and with open dialogue while Oregon is a plaintiff in a lawsuit.

Our concern is Brown’s unwillingness to accept the EIS’s recommendations. The three-year study, produced by multiple federal agencies, did not suggest breaching or removing the lower Snake River dams. These dams are critical to our power supply as they are part of a Northwest energy solution managed by BPA with the capability to generate over 3,000 megawatts of power. According to the EIS, if BPA had to replace the lower Snake River projects’ full capability with zero-carbon resources, there could be rate increases of up to 50% on wholesale power.

Through her actions, the governor dismissed the EIS before giving it a chance. In fact, two years ago, Oregon aligned with federal, state and tribal partners in a collaborative agreement for operating the federal dams. The agreement on a flexible spring spill operation was an important step and was premised on achieving improved salmon survival while also managing costs in hydropower generation. Rather than focus on differences, the parties agreed to work together on shared objectives. Ironically, the completed EIS adopts this flexible spill agreement that is now the focus of Oregon’s objection via litigation.

We are committed to collaborative solutions, and now there is a forum to do so. Stakeholders will come to the table with varying perspectives committed to finding a viable solution. This lawsuit undermines the CBC process, before it has begun. We fully support the CBC and encourage Brown to halt Oregon’s litigation efforts and come to the table in a collaborative process, one which she helped initiate.

We need to hear the diverse opinions of the stakeholders and litigation creates more division.