Federal judge rules Klamath dams case can move forward

8/21/2007

Eureka Reporter

A federal judge ruled on Friday that a nuisance case against PacifiCorp regarding toxic conditions created by the Klamath River dams can go forward, according to a news release from the nonprofit group Klamath Riverkeeper.

Klamath Riverkeeper, along with several Yurok and Karuk tribal members, a Klamath business owner and a Pacific Coast salmon fisherman, sued PacifiCorp on May 2 for “damages resulting from the toxic water conditions that PacifiCorp’s dams create.”

The plaintiffs cited risks to human health as well as a decline in salmon fishery.

No tribal government is involved in the suit.

Judge William Alsup of the U.S. District Court for the Northern District of California rejected PacifiCorp’s request to throw out the case and a request to delay the case while the Federal Energy Regulatory Commission completes relicensing proceedings that have been ongoing since 2004.

“The suit alleges that toxic blue-green algae thrives and settles in the reservoirs above PacifiCorp’s dams, creating a toxic environment for salmon and endangering human health,” the release stated.

The plaintiffs also allege PacifiCorp has “decimated the Klamath salmon fishery, dissuaded tourism and other recreational uses of the river and seriously impeded tribal religious ceremonies,” the release stated.