U.S. District Judge Michael Simon signaled Friday his tentative intent to aid salmon recovery in the Columbia Basin, potentially ordering interim changes to dam operations after the Trump administration withdrew from a major conservation agreement. The development marks the latest chapter in a lawsuit that began in 2001 and appeared settled just two years ago.
The case returned to court after President Donald Trump directed federal agencies to withdraw from the 2023 Resilient Columbia Basin Agreement, which promised $1 billion to protect endangered steelhead and salmon. Trump's executive order, titled "Stopping Radical Environmentalism to Generate Power for the Columbia River Basin," accused the agreement of prioritizing fish and climate concerns over "reliable energy resources and the needs of American citizens."
"About two-and-a-half years ago, I thought it had settled, but apparently not," Simon, a Barack Obama appointee, said during Friday's hearing in Portland. He opened the session with a quote from Yogi Berra: "It's déjà vu all over again," drawing chuckles from the packed courtroom.
The coalition of plaintiffs that revived the lawsuit includes conservation groups, the states of Washington and Oregon, and multiple tribal nations: the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Umatilla Indian Reservation, the Nez Perce Tribe, and the Confederated Tribes of the Warm Springs Reservation of Oregon. The National Wildlife Federation also joined the original agreement.
The Resilient Columbia Basin Agreement emerged from the Columbia Basin Restoration Initiative and represented a compromise after decades of litigation. Under its terms, the federal government committed to immediate salmon protection measures and a decade-long plan to manage hydropower operations while meeting rising energy demands. The deal prompted plaintiffs to ask the court to pause proceedings in 2023.
However, the Trump administration's withdrawal in June 2024 upended the settlement. Simon lifted the litigation stay in September, allowing the case to proceed once again.
During Friday's hearing, conservation groups argued for urgent stopgap measures to prevent fish extinction. "This is not a situation that can wait," said Amanda Goodin, an Earthjustice attorney representing the conservation groups. She pointed to declining steelhead populations as evidence of the crisis facing Columbia Basin salmon runs.
The conservation groups accused the federal government of relying on faulty new modeling to abandon what they called "the most effective tool we have to protect these fish." The specific tool referenced appears to be operational changes at the dam system that affects water flow and fish passage.
The Columbia and Snake River dam system has long been at the center of debates over balancing hydroelectric power generation with salmon recovery efforts. The dams provide significant clean energy for the Pacific Northwest but disrupt salmon migration patterns that have sustained tribal communities and regional ecosystems for millennia.
Endangered steelhead and salmon populations have faced mounting pressures from dam operations, climate change, and habitat loss. The fish are culturally and economically vital to Pacific Northwest tribes, which retain treaty rights to fish in traditional waters.
The lawsuit's revival highlights the ongoing tension between environmental protection and energy policy priorities under different federal administrations. The Biden administration had embraced the billion-dollar agreement as part of broader climate and environmental justice initiatives, while the Trump administration has prioritized energy production and reduced environmental regulations.
Simon's indication that he may order interim dam operation changes suggests the court may not wait for a full resolution of the lawsuit to provide some protection for the endangered fish. Such interim measures could include adjusting water releases, spill patterns, or other operational parameters at federal dams.
The case represents one of the longest-running environmental lawsuits in federal court, spanning multiple presidential administrations and evolving approaches to endangered species protection. Its outcome could affect not only salmon populations but also regional energy policy and tribal treaty rights.
The packed courtroom Friday reflected the high stakes and broad interest in the case. Environmental groups see it as critical for preventing extinctions, while energy interests worry about impacts on power generation and grid reliability.
As the litigation moves forward, the court will likely weigh immediate conservation needs against energy system stability. The judge's willingness to consider interim measures suggests urgency in addressing the salmon crisis while broader policy questions remain unresolved.
The next steps in the case will determine whether court-ordered dam changes can bridge the gap left by the collapsed political agreement, potentially shaping Columbia Basin water management for years to come.