Court denies motion for preliminary relief in case pitting sea lions against salmon
Posted in Court Decisions

Recently, the United States District Court for the District of Oregon issued a decision (pdf) denying the motion of plaintiff environmental groups for a preliminary injunction to halt lethal removal of California sea lions (Zalophus californianus) from the Columbia River to reduce predation pressure on salmonids as they migrate past the Bonneville Dam.  The decision is the latest chapter in a long-running dispute over efforts to protect salmon runs in the Columbia River system.

The States of Oregon, Washington, and Idaho applied for and obtained authorization from the National Marine Fisheries Service (NMFS) to remove the sea lions.  Plaintiff environmental groups challenged the decision to authorize removal, and Native American tribes intervened in support of the States.

Plaintiffs argued that NMFS acted unlawfully by authorizing the action without making a determination regarding incidental take of Stellar sea lions (Eumetopias jubatus) listed under the Endangered Species Act (ESA) and that NMFS also acted unlawfully by authorizing lethal take under the Marine Mammal Protection Act (MMPA).  With respect to the first argument, the court held that plaintiffs failed to show that harm to Stellar sea lions is likely to occur and so failed to demonstrate irreparable injury, which is a prerequisite for preliminary relief.  With respect to the second argument, the court held that the plaintiffs made a showing or irreparable harm but concluded that the public interest would be more harmed by issuance of an injunction than denial.  The court reasoned that issuing the injunction would harm defendants' ability to protect ESA listed salmonids.

  • Paul S. Weiland

    Paul Weiland is Assistant Managing Partner and a member of the Environment & Land Use Group. He has represented clients – including public agencies, publicly regulated utilities, corporations, trade associations and ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

Stay Connected




View All Nossaman Blogs
Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features. To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.