Dennis Linthicum of Oregon and Antonio Intiso of the Siskiyou County Water Users Board and a resident of Yreka have filed a Complaint for Injunctive Relief in Federal Court in Medford, Oregon on June 8, 2023 naming as Defendants The Federal Energy Regulatory Commission, the State of Oregon and the State of California (CV-00834-AA). The suit which has been filed alleges that the named Defendants have specifically and willingly violated the National Wild and Scenic Rivers Act of 1968 (PL 901-542 as amended P.L. 117-286 December 27, 2022. The action further requests the Court to recognize the waters behind the reservoirs as waters under Public Trust and necessary for the proper operation of the Klamath River flows. Mr. Dennis Linthicum is a State Senator in Oregon from the Klamath County area.
The filed lawsuit requests further that the Court order a remand of the FERC decision to remove the hydro facilities and directs that an order that the Defendants and their agents restore any and all damages to existing infrastructure including but not limited to the restoration of the dams, their hydroelectric capabilities, fisheries and habitats impacted by the work conducted by the States and their Contractors and Agents. Further that the States and their Contractors and Agents be restrained from all current and future physical activities related to and or connected with the Removal of the Hydroelectric facilities. It would further request that the States and their Contractors and Agents refrain from any further current or future funding or any expenditure of funds beyond those associated with a “shutdown” of this project.
A copy of the face page and filed document information is attached.
This lawsuit action has been long overdue to stop the continuing and irreversible harm to the environment, aquatic systems and the Klamath River itself as well as the citizens of the immediate area encompassing both sides of the California and Oregon border. The actions by FERC have been directed by outside sources with little concern expressed by its agents for the public in the affected areas and little to no regard for the inestimable damages that are forecast to result from the removal of these facilities. Very little effort was ever directed towards finding a more equitable and economical solution to the removal of these facilities.
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