A federal court has dismissed a lawsuit brought by environmental groups against the Eugene Water & Electric Board.
In the lawsuit, environmental groups argued EWEB’s operation of a hydroelectric project threatens the Upper Willamette River chinook salmon and bull trout. According to the groups, the project’s “trap and haul” operations put the fish in harm’s way.
The Carmen-Smith Hydroelectric Project, located 70 miles east of Eugene on the upper McKenzie River, is EWEB's largest utility-owned power source and has served Eugene since 1963.
Courtesy of Eugene Water and Electric Board
EWEB said they follow environmental protocol laid out by the Federal Energy Regulatory Commission, which licenses power infrastructure like dams, powerhouses, and reservoirs.
On Aug. 8, United States District Judge Mustafa T. Kasubhai dismissed the case due to a lack of jurisdiction. According to the judge, EWEB is already actively working with the federal commission to ensure fish safety.
Aaron Orlowski, an EWEB spokesperson, said the public utility will continue to focus on creating a permanent fish passage at the Trail Bridge Dam in Blue River.
“We’re just excited to be able to move forward on doing what’s best for fish and best for the community,” said Orlowski.
Bethany Cotton, Conservation Director at Cascadia Wildlands, said the environmental groups are currently in talks about their next move.
“We knew this was a possibility. We will be talking with our co-plaintiffs about this,” said Cotton. “We can refile our case or move to appeal. We will be deciding in the coming weeks.”
Sajina Shrestha is a reporter with the KLCC newsroom. This story comes to you from the Northwest News Network, a collaboration between public media organizations in Oregon and Washington.
It is part of OPB’s broader effort to ensure that everyone in our region has access to quality journalism that informs, entertains and enriches their lives. To learn more, visit our journalism partnerships page.
