Grand Canyon Issues
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Tell your congressional representative and Secretary of Interior Ken Salazar that science and law should be followed in Grand Canyon National Park. See our goals for specifics.
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Summary of claims in Grand Canyon Trust’s lawsuit
Grand Canyon Trust’s lawsuit against the BOR and USFW includes eight claims. The first three stem from Reclamation’s failure to adhere to the requirements of USFW’s 1995 Biological Opinion and the resulting violations of the ESA.
Claims 1–3
ESA Section 7(a)(2) mandates that Reclamation’s Glen Canyon Dam operations neither jeopardize the endangered humpback chub in the Colorado River nor adversely modify the chub’s designated critical habitat in the Grand Canyon. In its 1995 Biological Opinion, USFW determined that Reclamation’s existing dam operations, which involve water releases under an MLFF regime, violate these ESA section 7(a)(2) prohibitions. Reclamation has not implemented the 7-month water release program called SASF, as required in the Biological Opinion. As a result, Reclamation’s operations are adversely impacting river flows, sediment loads, and temperatures, which in turn, harm the chub and degrade its habitat by eliminating seasonal flows, destroying shoreline habitats, and preventing river warming.
Claims 4–5
Reclamation failed to follow mandatory procedures in preparing Annual Operating Plans for Glen Canyon Dam. ESA section 7(a)(2) requires Reclamation to consult with USFW on all agency actions, including Annual Operating Plans, that impact endangered species. NEPA requires Reclamation to evaluate and disclose to the public the environmental impacts of its Annual Operating Plans. Reclamation has ignored both environmental review processes prior to issuing its Annual Operating Plans despite impacts to the chub, its habitat, and other Grand Canyon resources.
Claims 6–8
On February 29, 2008, Reclamation adopted an Experimental Plan for Glen Canyon Dam that Superintendent Steve Martin determined would damage Grand Canyon resources. Reclamation’s Experimental Plan involves two components: a one-time, high-flow release — or “beach-habitat building flow” — and 5 years of steady releases for the months of September and October. Claims 6–8 challenge this 2008 Experimental Plan on the grounds that it violates NEPA, the GCPA, the ESA, and the APA.
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