Thursday, November 19, 2009

Ongoing Developments in New BiOp Case

Judge James Redden indicated this week that the latest iteration of the Columbia River Biological Opinion may in fact be in violation of federal law because it failed to bring the parties involved in the lawsuit to the table and has been written unilaterally by the federal government. With the hearing set for Monday the 23rd of Nov. Redden has written a letter raising his concerns, and suggesting that there may need to be negotiations between the feds and the remaining plaintiffs in the lawsuit before the BiOp can be legally approved. In his letter he also praises the federal government for a "good faith effort" to improve the plan. NOAA director Jane Lubchenco is expected to be in attendance for the hearing, the first time a NOAA director has been so directly involved in the process. More info in the Oregonian.

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