EUREKA, Calif. (Legal Newsline) — An environmental nonprofit citizens' group is claiming PG&E is violating the Endangered Species Act with its hydroelectric project in Northern California.
Friends of the Eel River, Pacific Coast Federation of Fishermen's Association and others filed a complaint May 16 in the U.S. District Court for the Northern District of California Eureka Division against Pacific Gas and Electric Company (PG&E) alleging violation of the Endangered Species Act and other claims.
The plaintiffs allege in their complaint that PG&E, through its Potter Valley Hydroelectric Project, is harming, harassing and causing the "unauthorized take" of CC Chinook salmon and NC steelhead. Specifically, the plaintiffs claim that PG&E's project, which consists of the Scott Dam and associated reservoirs, does not allow for fish passage and prevents migrating fish from accessing hundreds of stream-miles of their habitat.
They further claim that the dam affects CC Chinook salmon and NC Steelhead adult fish attempting to spawn and juvenile fish trying to head downstream into the Pacific. The plaintiffs allege that PG&E has failed to implement reasonable and prudent alternatives to avoid injury and death to species due to their habitat modifications. They claim PG&E has also failed to abide by the provisions of the Potter Valley Project's license.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Anna Stimmel and Katrina Tomas of Earthjustice in San Francisco, California and Matthew McKerley and Kevin Bundy of Shute, Mihaly & Weinberger LLP in San Francisco.
U.S. District Court for the Northern District of California Eureka Division case number 1:23-CV-02379