Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007

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I many of whom reside in western states, including Wyoming, Colorado, Utah, New ' 2 Mexico, California, New Mexico, and Arizona. Members of the Grand Canyon Trust 3 regularly use and intend to continue to use lands throughout the Colorado River region 4 as well as the Colorado River and its tributaries -- including the critical habitat and 5 potential habitat of the humpback chub -- for observation, research, aesthetic enjoyment, 6 and other recreational, scientific, and educational activities. The Trust's members and 7 staff have participated in efforts to protect and preserve the endangered humpback chub, 8 its critical habitat and other fish native to the Colorado River, which includes 9 advocating for and presenting information regarding flow regimes from Glen Canyon 10 Dam that protect Grand Canyon resources and comply with the ESA, NEPA, and the 11 Administrative Procedure Act (APA). Defendants have failed to operate Glen Canyon 12 Dam in a manner that complies with the ESA, NEPA, and APA. The Trust's interests 13 have been, are being, and unless the relief requested is granted, will continue to be 14 adversely affected and injured by Defendants' operations of Glen Canyon Dam. The 15 Trust's injuries will be redressed by the relief sought. 16 8. Defendant U.S. BUREAU OF RECLAMATION operates Glen Canyon 17 Dam and determines flow releases from the Dam 18 9. Defendant ROBERT JOHNSON is sued in his official capacity as the 19 Commissioner of the U.S. Bureau of Reclamation. Defendant Johnson has final 20 responsibility for operating Glen Canyon Dam and complying with the ESA and NEPA. 21 LEGAL BACKGROUND 22 I. ENDANGERED SPECIES ACT 23 10. Before the ESA operates for the benefit of an imperiled species, FWS 24 must first list a species as threatened or endangered within the meaning of the ESA 25 and concurrently designate critical habitat. 16 U.S.C. § 1533. Once listed, the ESA 26 provides several procedural and substantive protections for the listed species and its 27 habitat. These include: (1) the section 7 duty on federal agencies to "consult" with FWS 28 before undertaking any action that may affect a listed species, 16 U.S.C. § 1536(a)(2); Complaint 3 Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 3 of 20