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Feds to Appeal Court Decision by Staff BPA Journal, January 2006

The U.S. Department of Justice filed a notice on Dec. 21 that it would appeal U.S. District Court decisions that held the 2004 NOAA Biological Opinion invalid and ordered federal agencies to develop a new biological opinion on the operation of the Federal Columbia River Power System. The appeal is on behalf of NOAA Fisheries, the agency responsible for developing the new biological opinion, and agencies responsible for operating the dams. They include the U. S. Army Corps of Engineers, Bureau of Reclamation and BPA.

The federal agencies believe all options must remain open during the remand process. They also remain committed to developing a long-term program for strengthening endangered stocks of salmon. The agencies will work with tribes, states and other stakeholders on a new biological opinion as well as on a collaborative process on actions needed to support recovery of stocks listed under the Endangered Species Act.