It's nice to see that this thread has taken an upswing. At least Freespool and Aunty M are on the same side of the road and just arguing about which lane is open to drive in. Progress comes by the inch on complex issues.

Regarding Doc Hastings introducing a bill allowing certain ESA exemptions, Congress is a strange animal, inhabited by even stranger animals (congressmen). Any Congressman can introduce any bill to do anything he would like done, no matter how crazy. The Constitution and the institution allows itself that prerogative. Passing a bill is another matter, and then if it's questionable, the court system tries and then rules on its Constitutionality. I don't know how this would play out, but generally speaking, Americans like the ESA (conceptually). Therefore it's unlikely that Congress would gut it, altho many in Congress appear as though they want to.

Whatever the outcome is, and because of the large list of significant players, the outcome is likely going to be a combination of agency positions, the court sytem, and Congressional action. Not that different than where we are, and for much the same reasons. Because the recovery issue is inherently divisive, and because there is much strength on both sides of the issue, the collective "we" will try to have it both ways. It's possible that Redden will toss out the BO, but I doubt it. It's more likely to be amended than tossed because there is much that is good in it. As he has already done, Redden can order more changes to the BO if he finds that NMFS has not properly followed the letter of the law (ESA).

At that point, it gets sticky, and I don't know what would happen. If the BO as written is likely to allow the FCRPS to jeopardize the continued existence of any listed species (which the system clearly already does by any objective analysis), then Redden could order NMFS to consider and include and analyze the Reasonable and Prudent Alternative of breaching the lower Snake R dams. If the analysis concludes that Snake R dam removal is "reasonable and prudent", that would be the point (IMO) that BPA/Corps/BOR could "elevate" the decision to the God Squad. At that point, science is barely relevant, and it's all about politics. And the track record shows that CEQ (the God Squad) is extremely reluctant to act (see Cohoangler's post above), they and the involved agencies will, once again, come up with some kind of "we can have it both ways" alternative, that on paper saves fish and keeps the FCRPS humming along. And salmon may go extinct.

Freespool,

BTW, extinction has occurred (Snake R coho). BPA/Corps/BOR haven't paid a dime of restitution to anyone as a result as far as I know.

Meanwhile, I truly hope Redden puts his career best work into this coming decision. It could profoundly affect the shape of the outcome, if not the final results.

Sg