Case 3:18-cv-00437-HZ Document 120 Filed 10/16/20 Page 1 of 49 Lauren M. Rule (OSB # 015174) Elizabeth H. Potter (OSB #105482) ADVOCATES FOR THE WEST 3701 SE Milwaukie Ave. Suite B Portland, Oregon 97202
[email protected] [email protected] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON NORTHWEST ENVIRONMENTAL Case No. 3:18-cv-00437-HZ DEFENSE CENTER, WILDEARTH GUARDIANS, and NATIVE FISH SOCIETY, Third Declaration of Richard A. Domingue In Support of Plaintiffs’ Request for Plaintiffs, Permanent Injunctive Relief v. U.S. ARMY CORPS OF ENGINEERS and NATIONAL MARINE FISHERIES SERVICE, Defendants. CITY OF SALEM and MARION COUNTY, Intervenors. Case 3:18-cv-00437-HZ Document 120 Filed 10/16/20 Page 2 of 49 I, Richard A. Domingue, declare as follows: 1. I have personal knowledge of the facts set forth below and if called as a witness I would and could truthfully testify to these facts. 2. I was asked by the Plaintiffs in this litigation to provide my expert opinion on their request for injunctive relief to remedy the U.S. Army Corps of Engineers’ (“Corps”) failure to adopt meaningful protective measures to address the adverse effects of its Willamette Valley Project (WVP or Project) on threatened Upper Willamette River Chinook salmon and steelhead following NMFS’ issuance of the 2008 Biological Opinion (“BiOp”).1 3. Attached as Exhibit 1 is my resume and a summary of my professional experience and qualifications to provide this testimony. In brief, I have over 30 years of experience dealing with dam-related environmental issues.