AMERICAN WHITEWATER, et al. v. ELECTRON HYDRO, LLC, et al.

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A federal judge has issued a preliminary injunction blocking the reopening of a water intake system for a Washington dam, saying that it would put fish protected by the Endangered Species Act at risk. In granting the request by the Puyallup Tribe of Indians, the court rejected defense arguments that the focus should be on harm to a species as a whole and reiterated that “[h]arm to individual members is sufficient to establish an unlawful take for purposes of an ESA Section 9 case.”

[To accompany Federal Case Law Update "Judge Grants Preliminary Injunction Blocking Reopening of Water Intake System over ESA-Listed Fish Species" from Brooks Animal Law Digest Issue No. 92.]