Northwest Resource Info. Ctr. v. National Marine Fisheries Serv.
Citation: 23 ELR 21218
No. No. C92-1156(D)M, 818 F. Supp. 1399/(W.D. Wash., 03/03/1993)
The court holds that the Ninth Circuit's exclusive jurisdiction over a challenge to a final decision of the Bonneville Power Administration (BPA) turns on the action challenged and not on the lawsuit's legal theory. In order to encourage prompt action, the Northwest Power Act (NWPA) grants exclusive jurisdiction to the Ninth Circuit to review all final decisions of the BPA. A citizens group challenged in federal district court a BPA record of decision (ROD) alleging violations of the Endangered Species Act and the Administrative Procedure Act by the BPA and several other agencies. Congress intended the BPA's mission under the NWPA to include both management of Columbia River power and protection of fish and wildlife. The court holds that it lacks jurisdiction over the BPA suit, but has jurisdiction to hear the claims against the other agencies.
Counsel for Plaintiffs
Todd D. True, Victor M. Sher, Adam J. Berger
Sierra Club Legal Defense Fund
705 Second Ave., Ste. 203, Seattle WA 98104
Counsel for Defendants
Charles R. Shockey
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530