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 The unpublished decision is here.

Briefs:

Motion for Injunction

Opening Brief

Tribal Answer Brief

Federal Answer Brief

Reply

Lower court materials here.

Federal Court Rules Against Feds in Lower Elwha Fish Hatchery Challenge

Here are the materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):

153 Wild Fish Conservancy Motion for Summary J

164 Federal Cross Motion for Summary J

191 DCT Order

Prior posts are here, here, here, here, and here.

Federal Court Dismisses Lower Elwha Tribe from Challenge to Elwha Fish Hatchery

Here are the updated materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):

126 -ORDER GRANTING TRIBAL MTN TO DISMISS

114 – Tribal Mtn to Dsm – Subject Matter

116 – US Response Tribe Motion Dismiss

117- WFC Response Tribal Motion Dismiss

119 – LEKT Reply to Response – Mtn to Dismiss

Prior posts with materials are here, here, here, and here.

Update in Lower Elwha Fish Hatchery Suit

Here are the additional materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):

34 Fed Defs’ Reply in Support ofMot to Dismiss FILED 5-4-2012

34-1 Fed Defs’ Ex 7 FILED 5-4-2012

35 Elwha Defs’ Reply in Supportof Mot to Dismiss FILED 5-4-2012

37 Pls’ Surreply to Feds’ Reply re Motion for Partial Dismissal FILED 5-9-2012

Prior posts were here and here and here.

Update in Wild Fish Conservancy v. National Park Service (Lower Elwha Fish Hatchery)

Here are some additional briefs:

31 Pls’ Reponse to Fed’s Mot forPartial Dismissal FILED 4-30-2012

32 Pls’ Reponse to Tribal Mot to Dismiss FILED 4-30-2012

31 Pls’ Reponse to Fed’s Mot forPartial Dismissal FILED 4-30-2012

Our previous posts on this case are here and here.

Additional Materials in Wild Fish Conservancy v. National Park Service

Here:

25 Fed Defs’ Mot for Partial Dismissal FILED 4-12-2012

25-1 Fed Defs’ Mot for PartialDismissal Ex A FILED 4-12-2012

25-2 Fed Defs’ Mot for PartialDismissal Ex B FILED 4-12-2012

25-3 Fed Defs’ Mot for PartialDismissal Ex 3 FILED 4-12-2012

25-4 Fed Defs’ Mot for PartialDismissal Ex 4 FILED 4-12-2012

25-5 Fed Defs’ Mot for PartialDismissal Ex 5 FILED 4-12-2012

26 Elwha Defs’ Motion to Dismiss or MMDS FILED 4-12-2012

27 Decl of SHS with Ex A FILED 4-12-2012

27-1 Ex B to Decl of SHS FILED 4-12-2012

27-2 Ex C to Decl of SHS FILED 4-12-2012

 

Materials in Wild Fish Conservancy v. National Park Service

This is a suit to enjoin the Lower Elwha Tribe’s fish hatchery by environmental groups.

Complaint FILED 2-9-2012

Stipulation and proposed order FILED 2-23-12

Joint Motion Stipulation and Order FILED 2-23-2012

Stipulation and Order FILED 2-27-2012

Docket Report as of 4-9-2012