Bush Hydroelectric Plan Illegally Kills Salmon: Circuit

Law360 (April 9, 2007, 12:00 AM EDT) -- A Bush administration plan to maintain four hydroelectric dams that threaten endangered salmon in the lower Snake River in eastern Washington disregards the government’s environmental responsibilities, a circuit court ruled Monday.

The U.S. Court of Appeals for the Ninth Circuit upheld a lower court decision which found the Bush administration’s salmon plan for the Columbia-Snake River basin in violation of the Endangered Species Act.

"ESA compliance is not optional," Judge Sidney R. Thomas said in the court’s ruling. “The agencies may have nondiscretionary types of obligations,...
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