Scoping meetings to explore possible changes to the 2020 Columbia River salmon/steelhead environmental impact statement have been delayed again.
Citing expected changes to National Energy Policy Act implementing regulations that won’t go into effect until Friday (April 11), the U.S. Army Corps of Engineers and the Bureau of Reclamation are delaying the virtual public scoping meetings that had been scheduled for this week.
The scoping meetings are the opening salvo in reviewing the 2020 Columbia River final environmental impact study for operations at 14 Columbia/Snake river federal hydro-electric dams. The final EIS guides the dams’ impacts on salmon and steelhead listed under the federal Endangered Species Act.
In addition, the two federal agencies said they are extending the scoping period. They did not say when the scoping meetings would be rescheduled, nor how long they were extending the scoping period, but in an email Corps spokesperson Tom Conning said “we expect to publish an updated schedule for the public meetings and comment period in the next several weeks.”
“The Council on Environmental Quality issued an Interim Final Rule for the Removal of National Environmental Policy Act (NEPA) Implementing Regulations that goes into effect on April 11,” Conning said. “Since the timing for the public meetings and CEQ guidance coincided, the agencies determined it was necessary to take additional time to assess and implement any changes to provide better information to the public for robust feedback.”
The two agencies announced in December that they intend to reopen the 2020 Columbia River System Operations (CRSO) Final Environmental Impact Statement that addressed the ongoing operations, maintenance and configuration at the 14 multiple purpose dams. While not recommending breaching the four lower Snake River dams, the 2020 FEIS laid the groundwork if breaching was decided on later.
Piggy-backing on the FEIS, NOAA Fisheries and the U.S. Fish and Wildlife Service, at the same time in 2020 had completed biological opinions of the dam operations and their impact on fish and wildlife.
Scoping meetings are the first steps in the Corps’ and BOR’s reopening of the Columbia River EIS to address environmental effects from proposed changes to the selected alternative in the CRSO EIS.
The Dec. 18, 2024 Federal Register Notice to reopen the FEIS is here: https://www.federalregister.gov/documents/2024/12/18/2024-29936/notice-of-intent-to-prepare-a-supplemental-environmental-impact-statement-seis-for-the-columbia
Earthjustice said after the Corps’ reopening announcement in December that the 2020 CRSO EIS was flawed and that revising it “should lead to changes in the Columbia Basin that would help prevent extinction and restore imperiled salmon and steelhead populations to healthy and harvestable abundance.” Since 2001, Earthjustice attorneys have successfully fought the federal agencies multiple times in court on behalf of the National Wildlife Federation and others and forced the agencies to redo both their EIS and NOAA Fisheries’ and the U.S. Wildlife Service’s BiOps.
“It’s clearer than ever that we need a major course change, with new information showing many salmon populations in the basin hovering near extinction,” said Earthjustice Senior Attorney Amanda Goodin in December. “The information available now provides us with all we need to chart a successful path forward. We know we can avoid extinction and rebuild salmon and native fisheries to a healthy and harvestable abundance if we commit to the centerpiece actions they need, including breaching the four lower Snake River dams and replacing their services. We also know we have no time to lose.”
For now, she said in an email this week, Earthjustice doesn’t have any major concerns about the co-lead agencies’ delay.
“It is fairly normal for a new administration to delay some ongoing work while appointees are getting confirmed and new priorities established,” she wrote. “They have not announced the new schedule yet and we’ll be watching closely for that, but assuming we’re talking about a delay in the order of 60 days or thereabouts, that would not be a cause for major concern as it would not significantly impact the overall timeline.”
On Feb. 25, 2025, the Council on Environmental Quality issued an Interim Final Rule for the removal of its NEPA Implementing Regulations. The Corps said the final rule is expected to go into effect on April 11.
“Considering this final rule, the delay allows agencies to assess any NEPA process changes, align agency objectives, and better describe their proposal to the public for more informed feedback during the rest of the scoping period,” the Corps said in a news release, adding that the it and BOR “are committed to transparency and meaningful public participation, and both agencies remain available to discuss the SEIS and provide information related to this process. The co-lead agencies’ goal is to ensure the use of updated information to continue balancing the Columbia River System’s authorized purposes in accordance with all relevant laws and regulations and to continue operating and maintaining their facilities to meet Congressionally authorized purposes.
“The co-lead agencies continue to seek public input and invite federal and state agencies, Native American Tribes, local governments, and the public to submit scoping comments relevant to the supplemental NEPA process. In the next several weeks, the agencies expect to publish an updated schedule for the public scoping meetings and public comment period in the Federal Register and update the project website at https://www.nwd.usace.army.mil/columbiariver/.
The CEQ announcement in the Federal Register is here: https://www.federalregister.gov/documents/2025/02/25/2025-03014/removal-of-national-environmental-policy-act-implementing-regulations.
In 2020, the Corps, the BOR and Bonneville completed the CRSO EIS and signed a Record of Decision selecting their preferred alternative identified in that EIS, the Federal Register said in December. Afterwards, multiple parties filed legal challenges to the CRSO EIS and ROD, as well as to the BiOps released at the same time.
Plaintiffs in the legal challenge are American Rivers, Pacific Coast Federation of Fishermen’s Associations, Institute For Fisheries Resources, Sierra Club, Idaho Rivers United, Northwest Sportfishing Industry Association, NW Energy Coalition, National Wildlife Federation, Columbia Riverkeeper, Idaho Conservation League the state of Oregon and the Spokane Tribe of Indians.
The supplemental process will be focused on addressing “potentially substantial changes to the Selected Alternative, reviewing potentially substantial new circumstances and information that arose or became available after completion of the CRSO EIS, and preparing a SEIS,” the Federal Register said in its December announcement. “The SEIS will evaluate potential benefits and impacts of changes made to the Selected Alternative including direct, indirect, and cumulative effects to the human and natural environments.”
The full scope of the supplemental EIS is ambitious. It will include re-evaluating river hydrology and hydraulics; water quality; aquatic habitat, invertebrates, and fish; vegetation, wetlands, wildlife, and floodplains; power generation and transmission; air quality and greenhouse gases; flood risk management; navigation and transportation; recreation; water supply; visual and noise resources; fisheries and passive use; cultural resources; Indian trust assets, tribal perspectives, and tribal interests; environmental justice; and implementation and system costs.
For more information, see:
— CBB, February 7, 2025, Agencies Extend Public Scoping Period As Part Of Effort To Supplement 2020 Columbia River System Operations (Salmon, Steelhead) EIS, https://columbiabasinbulletin.org/agencies-extend-public-scoping-period-as-part-of-effort-to-supplement-2020-columbia-river-system-operations-salmon-steelhead-eis/
–CBB, Dec. 22, 2024, Agencies Taking Another Look At 2020 EIS Detailing Impacts Of Columbia/Snake River Federal Hydrosystem On Imperiled Salmonids, https://columbiabasinbulletin.org/agencies-taking-another-look-at-2020-eis-detailing-impacts-of-columbia-snake-river-federal-hydrosystem-on-imperiled-salmonidsagencies-taking-another-look-at-2020-eis-detailing-impacts-of-columbia-snak/
— CBB, July 15, 2022, White House Issues Reports On Basin Salmon Recovery, Costs; ‘Business As Usual’ Not Restoring ESA-Listed Salmon, Steelhead, https://columbiabasinbulletin.org/white-house-issues-reports-on-basin-salmon-recovery-costs-business-as-usual-not-restoring-esa-listed-salmon-steelhead/
— CBB, June 9, 2022, INSLEE, MURRAY RELEASE ‘LOWER SNAKE RIVER DAMS: BENEFIT REPLACEMENT DRAFT REPORT’, HTTPS://CBBULLETIN.COM/INSLEE-MURRAY-RELEASE-LOWER-SNAKE-RIVER-DAMS-BENEFIT-REPLACEMENT-DRAFT-REPORT/
— CBB, October 27, 2021, Federal Judge Approves Pause In Salmon/Steelhead EIS/BiOp Case; Parties ‘In Good Faith Discussions To Resolve Litigation’ https://columbiabasinbulletin.org/federal-judge-approves-pause-in-salmon-steelhead-eis-biop-case-parties-in-good-faith-discussions-to-resolve-litigation/