Conservation Groups File Motion for Preliminary Injunction Against EWEB to Protect Imperiled Salmon and Bull Trout

Native Fish Society, alongside Cascadia Wildlands, Willamette Riverkeeper, and Oregon Wild, filed a motion last month for a preliminary injunction against the Eugene Water & Electric Board (EWEB). This legal action seeks immediate court-ordered changes to EWEB's operations of the Carmen-Smith Hydroelectric Project to reduce harm and mortality to Endangered Species Act-listed Upper Willamette River (UWR) Chinook salmon and bull trout.

For over sixteen years, EWEB has operated out of compliance with federal requirements for proper fish passage at the Carmen-Smith Hydroelectric Project and Trail Bridge Dam on Oregon’s famed McKenzie River. EWEB initially committed to installing a fish ladder but later replaced this with a less effective trap-and-haul system. Despite this, EWEB has repeatedly missed deadlines, failing to even commence construction on the trap-and-haul facility that was mandated for completion in 2022.

Further concerns arose in 2023 when a former EWEB employee-turned-whistleblower publicly alleged that EWEB never intended to implement fish passage and that their excuses for delays were unfounded. In response, both the National Marine Fisheries Service and the U.S. Fish and Wildlife Service withdrew from a 2018 joint settlement agreement with EWEB, informing the Federal Energy Regulatory Commission (FERC) that EWEB could no longer rely on their 2018 Biological Opinions and Incidental Take Statements without reinitiating consultation under the ESA.

These persistent failures have resulted in the "take" (harm, harassment, injury, or mortality) of these imperiled fish species, directly violating the Endangered Species Act (ESA). The current inadequate trap-and-haul system and dangerous dam passage continue to cause significant injury and mortality to UWR Chinook salmon and bull trout. Preliminary injunctive relief is urgently needed to minimize further harm to these fish this upcoming migration and spawning season while the litigation, initiated earlier this year, proceeds.

What We Are Requesting:

The motion requests a court order compelling EWEB to immediately implement measures to improve fish passage at the Carmen-Smith Project. This includes modifying existing trap-and-haul operations at Trail Bridge Dam, reducing fallback of fish moved above the dam, and enhancing downstream fish passage to better protect UWR Chinook salmon and bull trout.

Public Invited to Attend Oral Arguments:

We encourage the public to attend the oral arguments for this preliminary injunction and support our legal team. Community presence is vital in demonstrating the widespread interest in protecting these critical native fish populations.

Cascadia Wildlands et al v. Eugene Water & Electric Board (Oral Argument)

Date: June 30, 2025

Time: 10:00 AM PDT

Location: Wayne L. Morse U.S. Courthouse (U.S. District Court), 405 East Eighth Avenue, Eugene, OR 97401, Courtroom 1

Presiding Judge: Judge Kasubhai

Entrance Requirements: All individuals seeking entrance to any facility must present valid, government issued, photo identification, such as a driver's license or state ID. Additionally, all individuals must also go through security screening, which in most circumstances includes a metal detector. You may request alternative screening if you have a pacemaker, cochlear implant, or other medical implant, or if a mobility impairment affects your ability to proceed through a metal detector.

Read our Motion for a Preliminary Injunction as well as our Proposed Order.