What happened: The Ninth Circuit Court of Appeals just affirmed a decision that will let Washington’s Puyallup River flow free. The court held that a  portion of Electron Dam must be removed from the river because the dam harms fish protected under the Endangered Species Act.

Why it matters: Electron Dam has been harming Chinook salmon, steelhead, and trout for nearly 100 years. In 2020, the company that operates the dam tried to replace a spillway and botched the job, creating more hazards for the fish. Earthjustice went to court to press for the new segment’s removal on behalf of the Puyallup Tribe. Salmon and other native fish play a critical role in the Tribe’s culture and economy. With this part of the dam gone, the river will flow naturally for the first time in almost a century.

Case details

• Origins: Electron Dam was constructed in 1904 and has operated on the upper Puyallup River for a nearly century, blocking fish migration.

• A makeshift dam: In 2020, a renovation project gone wrong sent toxic tire and construction material debris into the river, contaminating the water with the fish-killing chemical 6PPD. The dam’s owners then hastily built a “temporary” metal wall and rock structure to replace a part of the dam they had removed. It impeded the passage of fish and their ability to spawn and harmed juvenile fish migrating downstream.

• The lawsuit: The dam was illegally harming Chinook salmon, steelhead trout and bull trout, which are protected under the Endangered Species Act. Represented by Earthjustice, the Puyallup Tribe took Electron Hydro LLC to court.

• Victory: In February 2024, a federal district court sided with the Puyallup Tribe and Earthjustice, finding that the rock structure harms fish listed as protected under the Endangered Species Act. The judge ordered the company to remove the bulk of the dam by this summer before salmon return to spawn.
• Victory, again: The dam’s operator appealed the original decision, but the appellate court upheld the Tribe’s win in August 2024.

Restoring threatened fish

• Hurting fish for 100 years: The century-old dam in the upper Puyallup has long been a killer of salmon and has never complied with the Endangered Species Act. The court’s decision will help restore steelhead trout, Chinook salmon, and bull trout, all of which are listed as threatened under the Endangered Species Act.

• Salmon and steelhead are keystone species that support entire ecosystems, and their loss has cascading effects on ocean biodiversity and the national economy. Chinook salmon are important to tribal and non-tribal fishers alike and a critical food source of endangered Southern Resident orcas.
• Our perspective: “The Endangered Species Act ensures that companies like Electron Hydro can’t blatantly harm or kill threatened or endangers species, and it is good to see the law applied and upheld,” says Earthjustice attorney Janette Brimmer.

We’re fighting to protect salmon on multiple fronts

• Earthjustice is also representing fishing groups in a lawsuit against U.S. tire manufacturers over the use of 6PPD in rubber tires. This chemical interacts with ground-level ozone to create a toxin called 6PPD-q that has devastating impacts on coho salmon and steelhead trout.

• Earthjustice is also representing fishing and water groups in Oregon on removal of several salmon-harming dams there. For three decades, Earthjustice has represented fishing, environmental, and renewable energy groups in court battles to protect fish in Pacific Northwest rivers.
• Fighting biodiversity loss: Nearly 40% of all species may face extinction by the end of this century. Defending keystone species like salmon and trout is part of our legal strategy for tackling this crisis.