Lower Elwha and Federal Government Prevail in NEPA/ESA Suit in the 9th Circuit

NEPA and ESA challenges to hatchery approvals after removal of the Elwha Dam were brought by anti-hatchery environmental groups. The unpublished decision is here.


Motion for Injunction

Opening Brief

Tribal Answer Brief

Federal Answer Brief


Lower court materials here.

Study of Nez Perce Hatchery Cause for Optimism

Here’s a news article on a recently completed study of a Nez Perce hatchery project. The results suggest that hatcheries may help restore natural runs in some cases, particularly when the genetics of the hatchery fish match those of local wild fish.