PUYALLUP, Wash. — The Puyallup Tribe celebrated a major Ninth Circuit Court of Appeals decision that upheld an earlier ruling ordering the partial removal of the Electron Dam on the Puyallup River, which is owned by Electron Hydro.
The tribe said this ruling will protect fish and allow the Puyallup River to flow freely for the first time in more than 100 years.
"We're extremely pleased that the Ninth Circuit affirmed that decision. This is huge in some step toward recovery for Puget Sound Chinook salmon," Lisa Anderson, environmental attorney for the Puyallup Tribe, said.
According to the tribe, removing a portion of the dam will allow salmon and other fish to move freely upstream along the river without the threat of being routed to the generation facility, where the fish could be hurt or killed.
"The sheet pile and the rock are out, so they're well on their way to opening up that portion of the river," Anderson said.
This court battle between the Puyallup Tribe and Electron Hydro began in 2020. The tribe accused the company of violating the Clean Water and Endangered Species Act by illegally dumping artificial plastic turf and toxic crumb rubber in the river to rebuild the aging dam.
The company and its chief operating officer, Thom Fischer, pleaded guilty to a gross misdemeanor violation of operating an unlawful hydraulic project. The Washington State Department of Ecology called it an "environmental tragedy." In total, the company has faced more than $1.5 million in fines and restitution.
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"This is a huge win for fish and for recovery of species that are listed in the Endangered Species Act but also other fish," Anderson said. "It's a great step. However, the Tribe will continue to address Electron Dam and the threat it poses to salmon."
As of Tuesday evening, Electron Hydro has not responded to a request for comment.