Implementing the Endangered Species Act on the Platte Basin Water Commons

Appendix H: Chronology

451 A p p e n d i x h Chronology Extracted from Echeverria (2001: 593–604); U.S. Fish and Wildlife Service, Instream Flow Recommendations: Proposed Definitions and Usage for the Platte River Recovery Program, 2002a; History of ESA Consultations on Platte River Target Species, in Final Environmental Impact Statement, vol. 2, Platte River Recovery Program, April 2006; Record of Decision, Platte River Recovery Program, September 2006; and other program-related documents. March 11, 1967 The whooping crane was listed as an endangered species under the Endangered Species Preservation Act. December 1969 Passage of the National Environmental Policy Act (NEPA). 1970 Six electric utilities formed a consortium to construct a coal-fired power plant and the associated Grayrocks Dam and Reservoir on a tributary of the North Platte River in Wyoming. December 28, 1973 The Endangered Species Act (ESA) signed into law. March 1977 The National Wildlife Federation and other groups intervened in Nebraska v. Rural Electrification Administration, a suit challenging the Rural Electrification Administration’s (REA) issuance of loan guarantees for the Grayrocks Project, objecting that the REA had not adequately considered the project’s impact on downstream habitat. The suit also challenged the U.S. Army Corps of Engineer’s (USACE’s) analysis of the project. A ppen dix h: ch r on ol o G y 452 March 1978 The USACE issued a Section 404 permit for the Grayrocks Project, over the U.S. Fish and Wildlife Service’s (USFWS) objection that additional studies were required to evaluate impacts on downstream habitat. May 15, 1978 The USFWS designated fifty-one miles of the Platte River in the big bend reach as “critical habitat” for the whooping crane. October 2, 1978 The Federal District Court concluded that the REA and the USACE violated NEPA and the ESA and invalidated the loan guarantees and the Section 404 permit. December 8, 1978 The USFWS issued a jeopardy biological opinion to the USACE and the REA for impacts on habitat associated with the Wyoming Grayrocks Project on the Laramie River. It called for establishment of a $7.5 million trust fund for protecting whooping crane habitat. The USFWS formally requested that the Federal Energy Regulatory Commission (FERC) consult under the ESA on the application of the Central Nebraska Public Power and Irrigation District (CNPPID). December 4, 1979 FERC requested a formal consultation with the USFWS under the ESA. 1980 Parties to the Grayrocks litigation reached a settlement, leading to the creation of what would become known as the Platte River Whooping Crane Habitat Maintenance Trust. January 20, 1983 The USFWS issued a biological opinion concluding that the U.S. Bureau of Reclamation’s (USBR’s) proposed Narrows Unit on the South Platte River in Colorado would jeopardize threatened and endangered species under the ESA. March 25, 1983 In the aftermath of the decision on the Narrows Project, the USFWS and the USBR agreed to establish the Platte River Management Joint Study. June 28, 1984 CNPPID and the Nebraska Public Power District (NPPD) (the districts) submitted their initial re-license applications to FERC. November 1984 Water interests in Colorado, Nebraska, and Wyoming successfully petitioned the secretary of the interior to establish a joint State/Federal Platte River Coordinating Committee to oversee the Platte River Management Joint Study. December 7, 1984 FERC informed the districts that their applications were deficient and that they had ninety days to amend them. Deficiencies included inadequate analysis of the long-term impacts of the projects’ operations on vegetation and wildlife, a lack of study of the feasibility of operating alternatives, and a lack of proposed mitigation measures. May 28, 1985 Interior least tern is listed as a threatened species. December 11, 1985 Piping plover was listed as a threatened species. A ppen dix h : ch r on ol o G y 453 January 20, 1987 The U.S. Supreme Court reopened Nebraska v. Wyoming by allowing Nebraska to file a petition to enforce the decree and to seek injunctive relief. April 20, 1987 The U.S. Supreme Court, in Nebraska v. Wyoming, issued an order granting Wyoming leave to file a counterclaim alleging that Nebraska had violated the decree in various respects. May 28, 1987 The USFWS asked FERC to formally consult under the ESA prior to issuing annual licenses for CNPPID and NPPD projects. June 30 and July 29, 1987 Original licenses for CNPPID’s and NPPD’s licenses expired. FERC issued the...