Mediation Process Attempts to Resolve Legal Challenge to the Columbia River System Operations 2020 Environmental Impact Statement and Biological Opinion

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Published: Friday, 03 February 2023 19:09

An August 2022 order extended a litigation stay through August 31, 2023, to resolve challenges to the Columbia River System Operations 2020 Environmental Impact Statement and Biological Opinions for salmon and steelhead. The Spokane Tribe of Indians and Coeur d’Alene Tribe became parties to the litigation in 2021 because operation of the Federal Columbia River Power System continues to cut off salmon, steelhead, and lamprey access to the upper Columbia River above Chief Joseph and Grand Coulee dams, and fails to provide appropriate mitigation for the ongoing impacts caused by the operation and maintenance of these facilities.

The motion notes that as part of the stay “… the United States committed to developing strategies through inclusive regional collaborative processes that restore native fish and their affected habitats, honor the United States’ commitments to Tribal Nations, deliver affordable clean power, and satisfy other interests served by the Columbia River System projects.” The Federal Mediation and Conciliation Service was engaged to support this effort. Every 90 days, parties to the motion provide the court a progress report.