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United States of America v. Grants Pass Irrigation District

Case Conclusion Date: 05.15.2003

Practice Area: Litigation

Outcome: Settled

Description: Represented (with co cousel James Buchal) the Grants Pass Irrigation District in response to one of the only ESA enforcement actions in Oregon history under the Endangered Species Act. Successfully resisted a restraining order that would have shut down irrigation for the entire Grants Pass Irrigation District in 1999. Eventually, through litigation and negotiations, worked throough a deal which required, in exchange for the removal of Savage Rapids Dam, on the Rogue River, full Federal Funding from the US Congress, full warrantees of operation, and full cooperation--based on threats of claims of takings damages and enforceablity, as well as threats to defeat listing of Coho Salmon in court. The dam is scheduled for removal this summer after the electric pumps are working. The entire cost to the taxpayer--30 million dollars.

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