On July 17, the DRA again appeared before Judge Michael Simon in Federal District Court for a hearing in our lawsuit against Portland General Electric. The hearing was scheduled to address several motions that had been filed in the case this spring.
First, PGE had filed a new motion to have the case dismissed—the company’s third such attempt since DRA brought this lawsuit in 2016. In the current motion, PGE argued that the Federal Energy Regulatory Commission (FERC), rather than federal court, is the most appropriate venue to hear DRA’s claims. PGE made this argument despite the fact that FERC has no expertise in water quality issues, has not been authorized to implement or enforce the Clean Water Act, and is not involved in formulating state water quality standards and requirements.
Next, the hearing addressed competing motions for “summary judgment” filed by DRA and PGE. With these motions, the parties each argued that the facts and law are sufficiently clear for the case to be decided without the need for a trial. After lengthy argument, Judge Simon indicated that he would likely issue a ruling later this summer.
Here at DRA, we will be eager to read Judge Simon’s analysis of the case. We believe that compliance with water quality requirements at the Pelton Round Butte complex is a critical first step to protecting and restoring this invaluable river, and we will be prepared to continue this important fight if necessary.
As always, this fight would not be possible without the support of people like you. Thank you for all you’ve helped us accomplish, and for your support as we move forward. Watch the DRA blog for further updates on this important case!
Deschutes River Alliance: Cooler, cleaner H2O for the lower Deschutes River.
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