National Wildlife Federation and other plaintiffs filed an eighth supplemental complaint in their long-standing suit challenging management of hydroelectric dams on the Columbia and Snake Rivers. The plaintiffs alleged that actions taken by the National Marine Fisheries Service, the U.S. Army Corps of Engineers, and the U.S. Bureau of Reclamation in 2020 did not cure defects—including climate change-related defects—identified in a 2016 order of remand by the federal district court for the District of Oregon. Among other things, the plaintiffs alleged that a 2020 biological opinion failed to fully assess the impacts of climate change on salmon, and also failed to consider climate change threats to the Southern Resident killer whale. Under NEPA, the plaintiffs alleged that the analysis of alternatives “does not account for the advancing impacts of climate change, and instead is based on temperatures observed in the region between 1929 and 2008” and that the environmental impact statement then addresses climate change separately from this “counterfactual” scenario in an assessment that “is cursory, truncated, and fails to incorporate credible and available information.” The alleged shortcomings included consideration of climate impacts over a 25-year timeframe despite the analysis of other impacts over 50 years and failure to assess how climate change will compound harms.

Challenges to reviews of the Federal Columbia River Power System's impacts on salmon and steelhead.

National Wildlife Federation v. National Marine Fisheries Service

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Plaintiffs Said New Analyses of Columbia River System Dams Still Failed to Adequately Consider Climate Change

Filed

United States of America

Oregon

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Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

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Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives

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Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

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woman and genders outside of the gender binary

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Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Plaintiffs Said New Analyses of Columbia River System Dams Still Failed to Adequately Consider Climate Change

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance