PORTLAND, OR – The Pacific Northwest Waterways Association and Inland Ports and Navigation Group, which includes the Port of Lewiston and Port of Clarkston, say they are disappointed in the recent court ruling staying the Columbia Snake River System litigation based on the U.S. Government’s Commitments that will attempt to lay the groundwork for future dam breaching. The U.S. District Court of Oregon granted the USG’s and Plaintiff’s Motion to Stay—pause the litigation—until December 13, 2028.
“The USG Commitments is concerning because it implements River System changes on the eight federal dams and locks on the Columbia Snake River System with implications for navigation safety and operations affecting farmers, producers, and transporters,” a press release says.
From the Pacific Northwest Waterways Association:
The CSRS litigation was paused from August 2021 until 2023 to facilitate mediation between the involved parties. Subsequently, the U.S. Government disclosed it had negotiated the “USG Commitments” with the plaintiffs (environmental groups) and the “6 sovereigns” (Oregon, Washington, and four tribes). Notably, industry groups such as IPNG and others, as well as the States of Idaho and Montana, were excluded from these negotiations. The USG Commitments were only shared with intervenor-defendant industry groups like IPNG once the USG Commitments were final, depriving IPNG and others of an opportunity to provide critical input. The USG Commitments commit to actions that assume future dam breaching, but the USG, plaintiffs, Oregon, Washington, and the four tribes acknowledge that it would take an act of Congress to breach the dams. Breaching the Lower Snake River dams will devastate rural communities and severely impact wheat and other farmers, waterborne commerce, and the Pacific Northwest Region—the USG Commitments fails to address these and other impacts.
PNWA urged the Court to postpone the implementation of spill and operational changes in “Appendix B” of the USG Commitments due to navigation safety concerns arising from the lack of modeling of the changes. IPNG requested that the Court refrain from ordering the Stay until Appendix B could be modeled with navigation stakeholders present at the Army Corps’ facility in Vicksburg, Mississippi. We are disheartened that this modeling was not ordered by the Court despite the potential navigation safety implications for operators and our members.
Neil Maunu, the Executive Director of the Pacific Northwest Waterways Association, conveyed the organization’s sentiments regarding this decision, stating, “The flawed process that led to the US Government Actions and Commitments document has caused us deep disappointment. Despite our extensive efforts to provide expertise and insight, the resulting package was developed without considering the crucial navigation services provided to Eastern Washington and Idaho farmers and without the perspectives of other PNWA and IPNG members.”
Maunu further emphasized the importance of transparency and fairness in decision-making, urging the administration to uphold these essential principles. “PNWA remains committed to advocating for the safety and well-being of navigation operators and our members, and we will continue to engage constructively to address these concerns. We appreciate the partnerships we have in the region, the support from our Congressional champions, and the unwavering dedication of our membership.”
PNWA continues leveraging our stories and influence throughout the region and Capitol Hill. Just these last two months, we have had multiple opportunities to testify before congressional committees, attend roundtables, and partner with national organizations to raise awareness on the critical issue of the operation of the Lower Snake River Dams, which affect millions of citizens.
