UPDATE: On April 9, 2007, the Ninth Circuit Court of Appeals upheld Judge Redden's ruling that the government's management of the Snake and Columbia rivers violates the Endangered Species Act.

On May 26, 2005, District Court Judge James Redden ruled that the federal salmon plan for the Columbia and Snake rivers is legally flawed in four different respects.

First, Judge Redden took issue with the federal agencies' assertions that the dams were part of the immutable landscape.

Second, he stated that the National Marine Fisheries Service's (also known as NOAA Fisheries) approach in this biological opinion "stands in sharp contrast to…prior biological opinions" and is "insufficiently comprehensive to 'insure'" the protection of salmon.

Third, NOAA did not properly analyze critical habitat for salmon.

And fourth, "NOAA's jeopardy analysis is contrary to the law because it does not address the prospects for recovery of the listed species."

The decision marks the federal government's second unsuccessful attempt at crafting a viable salmon plan. In May of 2003, Judge Redden ruled that an earlier plan also was illegal and ordered it replaced within the year. In response the federal government issued a new plan in late 2004. Now that the judge has ruled the 2004 plan illegal, he will be considering a request from plaintiffs to establish specific protections for salmon migrating through the Columbia and Snake rivers this summer.

Recent studies have shown that restoring healthy runs of wild salmon would greatly benefit the regional economy. With a restored salmon fishery, Idaho alone would see almost half a billion dollars in economic benefit from sportfishing. Similarly restored fisheries in Washington and Oregon would raise the total to almost six billion dollars in economic benefit to the region. In addition, the Pacific Coast Federation of Fishermen's Associations estimates that restoration of Columbia and Snake river salmon would net the region an additional $500 million per year in commercial fishing revenue and as many as 25,000 new family wage jobs.

Updated: May 31, 2005