United States Ninth Circuit

In an environmental case involving salmon and steelhead trout threatened by the construction of dams along the Columbia river, a petition for review of a decision made by defendant agency to transfer the functions of the Fish Passage Center to other entities is granted where the agency: 1) did not show a rational basis for its decision; and 2) acted contrary to law in concluding that congressional committee report language carried the force of law and bound it to transfer the functions of the FPC.

Appellate Information

• Decided 01/24/2007
• Published 01/24/2007

Judges

• GOULD, Circuit Judge., Before MICHAEL DALY HAWKINS, BARRY G. SILVERMAN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephanie M. Parent, Pacific Environmental Advocacy Center, Portland, OR, for petitioners Northwest Environmental Defense Center, Public Employees for Environmental Responsibility, and Northwest Sportfishing Industry Association., Tim Weaver, Law Office of Tim Weaver, Yakima, WA, for petitioner Confederated Tribes and Bands of the Yakama Nation., John Shurts, Northwest Power and Conservation Council, Portland, OR, for intervenor Northwest Power and Conservation Council., David J. Cummings, Nez Perce Tribe Office of Legal Counsel, Lapwai, ID, for amicus Nez Perce Tribe., Howard G. Arnett, Karnopp Petersen, LLP, Bend, OR, for amicus Confederated Tribes of the Warm Springs Reservation of Oregon., Christopher B. Leahy, Fredericks, Pelcyger & Hester, LLC, Louisville, CO, for amicus Confederated Tribes of the Umatilla Reservation.


• For Appellees:
  
• David J. Adler, Special Assistant United States Attorney and Stephen J. Odell, Assistant United States Attorney, Portland, OR, for respondent Bonneville Power Administration.