Environmental groups and the State of Oregon filed motions for preliminary injunctions in the long-standing lawsuit challenging biological opinions prepared under the Endangered Species Act for the continued operation and maintenance of the Columbia River System. The most recent biological opinion (BiOp) and related record of decision (ROD) were issued in September 2020 after district courts invalidated six earlier biological opinions. Oregon argued that many errors identified by the court when it invalidated prior BiOps were repeated in the 2020 BiOp and ROD and that the “precarious” status quo of salmon and steelhead fish had worsened because of low population abundances and climate change. Oregon requested short-term measures to protect listed fish while the federal defendants comply with legal obligations. The environmental groups argued that a preliminary injunction was “urgently needed to reduce irreparable harm” to listed steelhead and salmon. They contended that they were likely to succeed on the merits of their claims, including their claim that the defendants failed “to rationally or legally account for the effect of advancing climate change.”

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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Short-Term Measures Sought to Protect Steelhead and Salmon

Filed

United States of America

Oregon

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

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.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

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

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

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

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

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.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

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.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Short-Term Measures Sought to Protect Steelhead and Salmon

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance