Bonneville Power Administration: Reserves Distribution
Current Status:
Active
Date Filed:
Apr 5, 2023
Case Title:
Idaho Conservation League, Great Old Broads for Wilderness, and Idaho Rivers United v. Bonneville Power Administration
Staff attorney(s):
Andrew Missel
Client(s):
Idaho Conservation League
Great Old Broads for Wilderness
Idaho Rivers United
To Protect:
Native Fish Species
States:Idaho
Oregon
Washington
Case Information:
December 2, 2024 — Advocates for the West presented oral argument in both our FY2022 and FY2023 reserves distribution cases before a U.S. Court of Appeals for the Ninth Circuit panel.
September 6, 2024 — Advocates for the West filed a reply brief in our FY2023 reserves distribution case.
June 28, 2024 — Advocates for the West filed an opening brief in our FY2023 reserves distribution case, which is being heard alongside our FY2022 case.
June 7, 2024 — Advocates for the West filed our reply brief in our FY2022 case.
March 15, 2024 — Advocates for the West filed our opening brief in our FY2022 case, challenging BPA for neglecting its duties under the Northwest Power Act to provide “equitable treatment” for fish and wildlife. In fiscal year 2022, BPA made record revenues from the sale of power, including from the lower Snake River dams, leading to a $500 million surplus available for distribution through the “Reserves Distribution Clause,” or RDC. But BPA elected to devote just 10% of the RDC amount to fish and wildlife, depriving salmon and steelhead recovery projects of much-needed revenue.
April 5, 2023 — Advocates for the West filed a petition before the Ninth Circuit Court of Appeals requesting review of Bonneville Power Administration’s (BPA) 2022 Power Reserves Distribution Clause Final Decision. The decision affects how to distribute more than $500 million in surplus revenues gathered from power sales in 2022, including spending only 10% ($50 million) of these revenues on fish and wildlife projects. The meager share dedicated to fish and wildlife is a serious failure, as urgently needed salmon and steelhead recovery projects continue to go underfunded and most wild populations of these fish in the Northwest slide closer to extinction.