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1 <br />r] <br />r <br />1 Reclamation had to operate Glen Canyon Dam under a nine -month steady now regime <br />2 called "seasonally- adjusted steady flows." Reclamation has failed to do so since 2001, <br />3 in violation of ESA Sections 7(a)(2) and 9(a)(1)(B). <br />4 3. Further, Reclamation has violated ESA section 7(a)(2) by never <br />5 "consulting" on its Glen Canyon Dam's "Annual Operating Plans." Reclamation has <br />6 also violated the National Environmental Policy Act (NEPA) by not subjecting its <br />7 Annual Operating Plans for Glen Canyon Dam to public environmental review through <br />8 an environmental assessment or environmental impact statement. Plaintiffs Grand <br />9 Canyon Trust challenges these violations of the ESA and NEPA. <br />10 JURISDICTION AND VENUE <br />11 4. This Court has jurisdiction over this action pursuant to 5 U.S.C. § 701 et <br />12 seq. and 28 U.S.C. § 1331, and 16 U.S.C. §§ 1540(c) and (g). A present and actual <br />13 controversy exists between the parties. 28 U.S.C. § 2201. <br />14 5. As required by the ESA, 16 U.S.C. § 1540(g)(2)(A), on September 10, <br />15 2007, the Grand Canyon Trust provided the Defendants with written notice of intent to <br />'16 sue regarding the ESA violations alleged in this Complaint. More than sixty days have <br />17 passed since Defendants were put on notice of these alleged violations. <br />18 6. Venue is properly vested in this Court pursuant to 16 U.S.C. § <br />19 1540(g)(3)(A) and 28 U.S.C. § 1391(e). <br />20 PARTIES <br />21 7. Plaintiff GRAND CANYON TRUST sues on behalf of itself and its <br />22 adversely affected members and staff. The Trust is a non - profit corporation <br />23 headquartered in Flagstaff, Arizona. The mission of the Grand Canyon Trust is to <br />24 protect and restore the canyon country of the Colorado Plateau -- its spectacular <br />25 landscapes, flowing rivers, clean air, diversity of plants and animals, and areas of beauty <br />26 and solitude. One of the Trust's goals is to ensure that the Colorado Plateau is a region <br />27 characterized by vast open spaces with restored, healthy ecosystems and habitat for all <br />28 native fish, animals, and plants. The Grand Canyon Trust has over 3,500 members, <br />Complaint 2 <br />Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 2 of 20 <br />