Direct Service Industries (DSIs) challenged the Bonneville Power Administration's 1993 Record of Decision (ROD) on Water Management Actions in the Columbia River System to be Taken by the Bonneville Power Administration (BPA) in 1993 for the Benefit of Snake River Salmon. The ROD contained various measures designed to benefit the Snake River salmon, which were listed as endangered and threatened species. The DSIs were primarily concerned with the flow augmentation measures contained in the ROD.
The Ninth Circuit dismissed the DSIs' claims for mootness. The court looked to the reasoning in Idaho Department of Fish and Game, a companion to this case, and determined that because the 1993 flow augmentation measures had already occurred, the DSIs' claims were moot. The 1993 ROD was followed by a ROD which lasted for four years and gave the DSIs adequate time to obtain judicial review. Thus, the claims were not an exception to the mootness doctrine. In addition, the factual underpinnings of the ROD had been superseded by a 1994-1998 Biological Opinion. The court found that this made the claims especially inappropriate for judicial review.
56 F.3d 1071 (9th Cir. 1995), see infra.