Nor'wester

Issue 260�� December 21, 2006

In this issue:

Ninth Circuit denies request to rehear channel deepening appeal
Salmon BiOp due date extended until July 31, 2007
Plaintiffs and feds file dates for possible injunction over 2007 river operations
Economic Advisory Board to review �Revenue Stream�
David Hull elected President of California port group

Ninth Circuit denies request to rehear channel deepening appeal

A three-judge federal appellate panel denied a request from Northwest Environmental Advocates (NWEA) to reconsider the Court�s August ruling that allowed the Columbia River channel deepening project to continue. Originally, the U.S. District Court ruled that the U.S. Army Corps of Engineers met the requirements of the National Environmental Policy Act in completing the required economic and environmental analyses. NWEA appealed that decision to the Ninth Circuit Court of Appeals, where that Court affirmed the lower Court�s decision.

NWEA subsequently asked the Ninth Circuit to reconsider its ruling. Last week, the Appeals Court denied their request. The plaintiffs now have 90 days to determine if they will appeal to the U.S. Supreme Court. In the meantime, the channel deepening, which is partially complete, continues.

PNWA is working with other regional interests to secure federal funding to continue the deepening in FY 2007 appropriations, which have not yet been enacted by Congress, and in the FY 2008 budget. Both will be addressed in the next session of Congress, which begins in January.

For more information on the channel deepening or PNWA�s FY 2007 appropriations requests, visit www.pnwa.net. Click on �Action Agenda� and then �Fact Sheets�.

PNWA staff contacts: kristin.meira@pnwa.net, glenn.vanselow@pnwa.net

Salmon BiOp due date extended until July 31, 2007

U.S. District Court Judge James Redden, last week, granted a motion by the federal government to extend the timeline for completion of the Columbia River salmon BiOp from Feb. 7 to July 31, 2007. The extension was granted without opposition from the plaintiffs or other parties to the case.

The plaintiffs said they might even ask for more time, as they need time to prepare an adequate response to the draft BiOp. Some observers are beginning to question whether the BiOp will be completed before the Presidential election in 2008.

PNWA staff contact: glenn.vanselow@pnwa.net

Plaintiffs and feds file dates for possible injunction over 2007 river operations

Earth Justice and the federal government filed a joint request to set January 19, 2007 as the deadline for filing briefs if any party chooses to file a Motion for Preliminary Injunction regarding 2007 river operations. Since the BiOp will not be completed before the spring fish migration begins, the parties are negotiating how the river will be operated in 2007.

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Northwest RiverPartners reports that the federal government and the treaty tribes have reached agreement over river operations that are similar to the operations ordered by Judge Redden in 2006. Other reports indicate that Earth Justice is seeking significantly more aggressive spill and flow measures than were ordered this past year. That sets the stage for a potential motion by the plaintiffs for an injunction.

PNWA and the Inland Ports and Navigation Group are actively working on this issue in support of navigation interests. From our perspective, there is no new scientific evidence that would justify additional actions beyond those enacted in 2006.

For more information on the salmon BiOp and related issues, visit www.pnwa.net. Click on �Action Agenda� and then �Fact Sheets�.

PNWA staff contact: glenn.vanselow@pnwa.net

Economic Advisory Board to review �Revenue Stream�

The Northwest Power and Conservation Council tasked its Independent Economic Advisory Board (IEAB) to review �Revenue Stream�. The report was issued recently by a coalition of conservation and fishing groups. PNWA reviewed the report in a recent Nor�wester, stating that the major claims in the report were backed by studies that had been discredited by independent reviewers and, in one case, the original author of study.

The IEAB review will include a technical analysis of the data and methods used in "Revenue Stream: An Economic Analysis of the Costs and Benefits of Removing the Four Dams on the Lower Snake River." The report claims that the region's electricity ratepayers and taxpayers would save from $2 billion to $5 billion over 20 years in reduced dam operation and fish recovery costs.

The Northwest Fishletter highlighted one of those criticisms in last week�s edition. They describe a January 2004 letter from BST Associates, the author of the navigation study cited in the report, to American Rivers, the sponsor of the navigation study. BST told American Rivers that eliminating barge transportation on the Snake River would yield a less efficient system, and replacing it with rail would be fraught with problems caused by capacity constraints.

BST said it was uncertain whether alternative transportation systems could accommodate diverted cargo volumes. The Fishletter stated, �These findings are a far cry from those characterized in �Revenue Stream,� which said, �recent studies� found that the barge navigation channel created by the dams "could be affordably and effectively replaced by upgrading the Northwest's railroad lines. The report cites the BST study in a footnote�.The original BST study concluded that switching from barge to rail could cost more than $1.4 billion. �Revenue Stream� pegs the cost of upgrading railroads between $18 million and $231 million.�

For more information on economic benefits navigation and hydropower, visit www.pnwa.net, click on �Action Agenda� and then �Fact Sheets�.

PNWA staff contact glenn.vanselow@pnwa.net

David Hull elected President of California port group

�PNWA member David Hull, CEO of the Port of Humboldt Bay, was appointed this month as President of the California Association of Port Authorities. CAPA represents the state�s 11 deep-water ports. The ports use CAPA to discuss port rates, tariffs and legislative issues. CAPA has been active in working with the California legislature and on state-wide ballot measures. For the record, the port�s official title is Humboldt Bay Harbor, Recreation and Conservation District. Congratulations David!

Pacific Northwest Waterways Association�� www.pnwa.net