FNW’s final appeal in our latest lawsuit was denied. This is complex and I will break it down into chunks working backwards from the ruling two days ago. We asked The Ninth Circuit Court to reconsider their latest ruling found in footnote 1 of the last Court’s Memorandum, where Fish Northwest first argued on appeal that the National Marine Fisheries Service (NMFS) 2021 Biological Opinion is arbitrary and capricious under the Administrative Procedures Act, because NMFS did not ensure compliance with the district court’s orders in U.S. v. Washington (AKA Boldt). In short, the court did not even take the time to review our appeal request and denied it on the day they received it. This is the common theme you will see in the coming posts concerning the ESA suit. One of two scenarios played out, either the court would not question NOAA and deferred to their “expertise” or the court refused to seriously consider an issue because it touched on tribal issues.

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Brett Rosson