Home » Articles » Volume 45 » Issue 3 » Court Opinions » Ninth Circuit » Wild Fish Conservancy v. Jewell (No. 10-35303, 2013)

 
 

Wild Fish Conservancy v. Jewell (No. 10-35303, 2013)

 

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Opinion

Summary [1]

The panel dismissed an action brought by the Wild Fish Conservancy challenging the United States’ diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery.

The panel held that the Conservancy lacked prudential standing to bring an Administrative Procedure Act challenge alleging that the federal defendants violated section 8 of the Reclamation Act of 1902 by failing to comply with the Washington water code’s permit requirement.

The panel also held that it lacked jurisdiction over the Conservancy’s claim that the federal defendants violated Washington’s fishway law, Wash. Rev. Code § 77.57.030(1), by failing to submit fishway plans to the Department of Fish & Wildlife and by failing to maintain durable and efficient fishways across hatchery structures, because these requirements were not incorporated into section 8 of the Reclamation Act.

Finally, the panel held that it lacked jurisdiction over the Conservancy’s claim that the Secretary of the United States Department of Interior’s failure to supply Hatchery fishways with adequate water violated the Reclamation Act, because that claim did not challenge a final agency action and consequently was not reviewable under the Administrative Procedure Act.

Footnotes    (↵ returns to text)

  1. This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.
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