CFM - Best of luck with your lawsuit. I really mean that. Having the ability to go to court is a huge advantage that most government agencies don't have. In the Federal government, Federal agencies can't go to court, only the Department of Justice can. If NMFS wants an agency decision reviewed (e.g., Army Corps of Engineers), it's done internally at CEQ or the Dept of Justice. With independent Federal agencies (e.g., FERC), the decision to challenge their decisions in court is made by the Dept of Justice (Solicitor General) in Washington DC. That doesn't happen very often. My point is that most agencies (State/Federal) don't have the option of going to court. They live and die by their ability to negotiate. And the power companies know that; which only increases the strength of their position at the negotiating table.

My position on this issue is not based on the fact that Salmo g. is a fish biologist or that she/he may work for some government agency. Far from it. It's based on my involvement in other relicensing efforts and what was negotiated in those agreements. These include North Umpqua, Pelton, Priest Rapids, Mid-Columbia HCP's, and numerous others (many of these cases are still pending). I wasn't involved in the Cowlitz Project but in my view, the new license is a reasonable outcome as compared to these other agreements. You probably disagree. Thus your lawsuit.

But if you can get a better deal thru the courts, go for it! Which will likely be when the springers arrive. But perhaps they're already there.......? That's a topic for another thread.