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Northwest Envtl. Defense Ctr. v. Bonneville Power Admin.

ELR Citation: 37 ELR 20020
Nos. Nos. 06-70430, 071182, (9th Cir., 01/24/2007)

The court held that the Bonneville Power Administration (BPA) arbitrarily and capriciously transferred the functions performed by the Fish Passage Center—providing technical assistance and information to fish and wildlife agencies, Indian tribes, and the general public on matters related to salmon and steelhead passage through the Columbia River and its tributaries—to the Battelle Pacific Northwest Laboratory and the Pacific States Marine Fisheries Commission. The BPA acted contrary to law in concluding that language from two 2005 congressional committee reports carried the force of law and bound it to transfer the functions of the Fish Passage Center to the other entities. It also failed to provide a rational basis for its change of course.