Defending Salmon and Steelhead from BPA Disregard
21st of Jun 2022
Advocates for the West recently filed a petition for review under the Northwest Power Act, challenging Bonneville Power Administration (BPA) for violating the requirement of “equitable treatment” for fish and wildlife. The petition filed in the Ninth Circuit urges the Court to review BPA’s 2021 rate decision which further threatens already declining salmon and steelhead populations and impairs the implementation of important mitigation projects.
BPA is the federal agency tasked with delivering hydropower produced in the Columbia River Basin—including power generated at eastern Washington’s four lower Snake River dams—to communities across the Northwest. The Northwest Power Act instructs BPA to put its obligations to fish and wildlife on par with its other obligations. To save money in recent years, the agency has neglected this responsibility.
“For nearly two years, we have pushed BPA to take its obligation to fund mitigation measures seriously while pointing out to the agency the negative effects of its flat funding,” said Andrew Missel, Staff Attorney at Advocates for the West. “BPA has refused to reassess its decision, even in light of a projected revenue surplus. BPA’s decision to starve mitigation projects of much-needed funding cannot be squared with its required duties to fish and wildlife under the Northwest Power Act.”
Once numbering in the millions, salmon and steelhead populations have plummeted since construction of the four lower Snake River dams. While the clear solution—breaching the dams—will require an act of Congress, in the meantime Advocates for the West and its allies are fighting to save these fish from extinction by holding BPA to account.
Advocates for the West is representing Idaho Conservation League, Great Old Broads for Wilderness, and Idaho Rivers United in this case.
Background
Previously, Advocates for the West won a precedent-setting victory under the Freedom of Information Act, ordering BPA to quickly produce records vital to public participation in decision-making processes involving the federal hydropower system.
BPA’s rates for fiscal years 2022-23 were adopted on July 28, 2021. The Federal Energy Regulatory Commission (FERC) approved these rates on March 24, 2022. On May 9, 2022, FERC denied a request for rehearing from Advocates for the West and its partners.
At Issue
BPA’s flatlined funding for fish mitigation efforts has further threatened already declining salmon and steelhead populations and impairs the implementation of important mitigation projects. These much-needed mitigation efforts include restoring spawning habitat, preventing harm to fish by installing and maintaining fish screens, and conducting research and monitoring.
The recent petition asks the Court to:
- Review BPA’s decision adopting power and transmission rates for fiscal years 2022-23;
- Set aside BPA’s final rate decision;
- Remand the matter back to the agency, requiring BPA to set new rates in accordance with the Northwest Power Act and provide increased funding for fish and wildlife mitigation efforts during the remand period.
