Abstract

In Idaho Department of Fish & Game v. National Marine Fisheries Service, the U.S. District Court for Oregon struck down the application of a 1993 jeopardy standard to the endangered salmon of the Columbia River system. In so doing, the court found that NMFS had failed to use the best science available as required under the ESA and had not adequately explained its use of a target period for stabilizing salmon populations. The author, one of several attorneys overseeing the application of the ESA to the listed salmon, explains how NMFS developed the science around its effort to save listed salmon. Additionally, he outlines current efforts to revamp scientific methods to satisfy both the court and the litigants.