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Additionally, the League argued that BPA arbitrarily limited the scope of its EA by failing to consider how the overall operation of the FCRPS contributes to the spread of the invasive flowering rush, an invasive aquatic plant.
Simon became the third consecutive federal judge to find the federal BiOp on FCRPS hydroelectric operations wanting, but he did so in much greater detail and scope than did his predecessors.
biological opinion (BiOp) for the FCRPS, declaring that operation of the
failure has become a significant issue in the 2008 FCRPS BiOp
defendants may not exclude the existence and operations of the FCRPS
itself, (254) remarkably, the 2000 BiOp called for very few FCRPS
In fact, NMFS stated exactly the opposite, that hydropower measures alone would not avoid jeopardy, yet it allowed the FCRPS to continue operating without other mitigation measures in place.
NMFS, the court called for a "major overhaul" in river operations.(256) In response, NMFS reinitiated an ESA section 7 consultation on 1994-98 operations of the Federal Columbia River Power System (FCRPS), releasing a new BiOp on March 2, 1995.(257) In a noticeable departure from the 1993 BiOp rejected by the court,(258) NMFS concluded that the proposed action, the planned 1994-98 operation of the federal hydropower system, would likely jeopardize the continued existence of the listed salmon stocks(259) unless the federal water managers adopted the recommended "reasonable and prudent alternative," which included immediate, intermediate, and long-term actions to improve main-stem salmon survival(260).
This is $7.3 billion out of the total $16.3 billion FCRPS debt.
Of the many Columbia River dams, thirteen make up the Federal Columbia River Power System (FCRPS).(5) The Federal Bureau of Reclamation and the U.S.
93-1603-MA) ("Survival through the mid-Columbia and Snake River components of the FCRPS [Federal Columbia River Power System] is not the major contributor of decline for those [listed Snake River] populations.").
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- FCS Recovery and Maintenance Vehicle
- FCS syndrome