Conservationists win Ruby pipeline appeal

Posted: Oct 23, 2012

Written by

SCOTT SONNER, Associated Press
Cutthroat trout

Two federal agencies violated the Endangered Species Act and now must reconsider additional protection for the Lahontan cutthroat trout and other rare fish adversely affected by the 700-mile Ruby pipeline that carries natural gas from Wyoming, through Utah and Nevada into southern Oregon, a federal appeals court ruled Monday.

A three-judge panel of the 9th U.S. Circuit Court of Appeals determined the U.S. Fish and Wildlife Service and Bureau of Land Management broke the law by failing to adequately examine the potential harm to fish as a result of pumping more than 300 million gallons of water from beneath the ground in Oregon and Nevada in connection with a project completed two years ago.

The appellate court also agreed with environmentalists who said the government illegally relied on mitigation measures that have not been funded in concluding there are enough protections in place for the cutthroat trout and other fish in hundreds of rivers and streams in the four states.

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