Court rules in favor of EWEB in Carmen-Smith litigation
The U.S. District Court in Eugene has granted EWEB's motion to dismiss a lawsuit brought under the Endangered Species Act pertaining to fish passage at EWEB’s Trail Bridge Dam.
The favorable ruling clears the way for EWEB to continue advancing towards implementation of permanent fish passage at the dam.
The Court dismissed the case with prejudice and simultaneously denied the plaintiffs’ motion for preliminary injunction.
“We are grateful for the Court’s ruling and we are committed to doing what is best for our community and for the fish species on the McKenzie River,” said EWEB Generation Manager Lisa Krentz. “With the dismissal of this litigation, we can stay focused on implementing permanent fish passage at Trail Bridge Dam.”
Trail Bridge Dam is one of three dams that comprise EWEB’s Carmen-Smith Hydroelectric Project, which is approximately 70 miles east of Eugene. Carmen-Smith provides Eugene with carbon-free electricity and can ramp up power generation to meet about one-quarter of Eugene’s energy needs at times of peak demand, such as winter cold snaps.
EWEB operates the Carmen-Smith project under a license from the Federal Energy Regulatory Commission (FERC). Additionally, EWEB coordinates on fish passage measures with the Fish Working Group, which is group of experts that includes state and federal regulators. Following extensive study and engagement, EWEB has developed a permanent fish passage proposal and is moving forward to implement it.
In March, several organizations filed a lawsuit against EWEB, alleging violations of the Endangered Species Act and seeking modifications to the temporary fish passage facilities currently in place at Trail Bridge Dam. EWEB firmly disputed those claims.
Following the Court’s dismissal, Krentz stated, “We’re hopeful that we can put this chapter behind us, so that we can focus on continued efforts to collaboratively implement permanent and effective fish passage at Carmen-Smith.”
