The U.S. National Marine Fisheries Service adopted a policy that would require fisheries scientists to count hatchery-bred salmon along with the population of wild salmon when making endangered species assessments. Because hatchery salmon are numerous, the intent was to mask the imperiled status of wild salmon and lift the protections of the Endangered Species Act.

Earthjustice sued on behalf of several conservation groups and groups of fishing enthusiasts, and on June 13, 2007, a federal court agreed that the policy was scientifically flawed and inconsistent with the Endangered Species Act.

The government appealed and the decision was overturned, but by that time the new Obama administration had taken office and the drive to eliminate listing policies to reduce protection for rare salmon and steelhead was abandoned.