Court Lifts Block on Montana Dam in Endangered Fish DisputeNews Type: State, Regional Source: US News & World Report
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By MATT VOLZ, Associated Press
HELENA, Mont. (AP) — A federal appeals court will allow construction of a Montana dam that wildlife advocates say could doom an endangered ancient fish species.
The 9th U.S. Circuit Court of Appeals ruled Wednesday that the advocacy group Defenders of Wildlife did not prove the $59 million project would cause irreparable harm to the Yellowstone River’s pallid sturgeon.
The panel also reversed U.S. District Judge Brian Morris’ order to block the project because it was not likely that Defenders of Wildlife would win its lawsuit against the U.S. Army Corps of Engineers.
Morris blocked the project last July over concerns the 125 remaining pallid sturgeon might not use a proposed bypass channel to swim around the dam to spawn.
Aaron Hall of the Defenders of Wildlife says his organization is reviewing the ruling.
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