Federal lawsuit could block Lake Oswego’s Foothills dock

A Lewis & Clark College advocacy group is claiming endangered species laws were violated

By Lee van der Voo

The Lake Oswego Review, Aug 21, 2008, Updated Oct 30, 2009 (3 Reader comments)

A federal lawsuit filed by an environmental group could block construction of the public dock planned for Foothills Park.

The Northwest Environmental Defense Center, a nonprofit advocacy group based at Lewis & Clark College, is suing two federal agencies that approved construction of the dock. The group claims both violated federal laws meant to protect endangered species when they made the decision.

The city of Lake Oswego is scheduled to build the concrete dock in Foothills Park sometime this fall.

In its planning stages, the dock stirred considerable controversy particularly on the east side of the Willamette River, where related changes in boating rules were expected to increase traffic.

During testimony, the Tryon Creek Watershed Council also questioned whether the new dock could harm endangered fish.

In a lawsuit filed Aug. 8, the Northwest Environmental Defense Center is echoing those concerns about fish.

The lawsuit claims the National Marine Fisheries Service and the U.S. Army Corps of Engineers relied on outdated information to show the dock would not harm critical habitat for endangered species, relying on a biological opinion from 2004.

They allege an area around the dock was listed as critical habitat for four species the following year.

Neither the National Marine Fisheries Service nor the U.S. Army Corps of Engineers could be reached for comment.

Impact on salmon

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