Klamath River Dams

This is against KRRC. Appeal Brief accepted in 9th Circuit Court of Appeals. This is the Power of Pro Se, A retired Federal Attorney and a Journalist who makes the words perfect.

Wednesday 10/2/2024 we filed 24-5275_EMERGENCY_MOTION_Under_CIRCUIT_RULE 27-3_RELIEF_NEEDED_BY_10-8-24.pdf. Also a WRIT of Mandamus which forces the court to do what we want done. However the Ninth Circuit is now in default itself. This is setting up for US Supreme court.

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing.

United States Court of Appeals for the Ninth Circuit

Notice of Docket Activity

The following transaction was entered on 09/06/2024 4:49:30 PM PDT and filed on 09/06/2024

Case Name: White v. Coffman, et al. 

Case Number: 24-5275

Docket Text:

CLERK ACTION: Opening Brief submitted at DE 3 by Appellant David White is filed.  [Entered: 09/06/2024 04:49 PM]

U.S. District Court this was against FERC.

District of Oregon

Notice of Electronic Filing

The following transaction was entered on 9/1/2024 at 12:51 PM PDT and filed on 9/1/2024
Case Name: White v. Phillips et al
Case Number: 1:24-cv-01301-MC
Filer: David White
Document Number: 8
Docket Text:
Motion for Summary Judgment REQUEST FOR SUMMARY JUDGEMENT BY RULE 56. Filed by David White. (White, David)

1:24-cv-01301-MC Notice has been electronically mailed to:

David White     dave@salmonprotectiondevice.com, professordavewhite@gmail.com

1:24-cv-01301-MC Notice will not be electronically mailed to:
The following document(s) are associated with this transaction:

Document description:Main Document
Original filename:Not Available
Electronic document Stamp:
[STAMP ordStamp_ID=875559790 [Date=9/1/2024] [FileNumber=8686356-0] [8
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1590414f5564706493519ee7267f2c4b47ef5c9e7cad21f032359443f]]

Moved the complaint (lawsuit) to Medford Federal court and made it class action. An injunction filed also.

Filed a class action Complaint and Injunction against the Commissioners at FERC also. Any sign up for Pacific Corp will also be a signup for these lawsuits they are class action. California Water board testimony ignored by FERC.

This is a filing on 7/31/2024for an emergency hearing to remove Klamath River Renewal Corps (KRRC) permit because of the many violations in docket P-14804-000. Today 8/1/2024 I called the Commissioners at FERC to get an email to send a federal complaint and summons to them. We are suing them to force them to take away KRRC permit and give us a hearing.

Confirmation of Receipt

———————–

This is to confirm receipt by the FERC Office of the Secretary of the following electronic submission:

-Submission ID: 1541280

-Docket(s) No.: P-14803-000

-Filed By: Dave White

-Signed By: Dave White

-Filing Desc: Application for Transfer of License of Dave White under P-14803-000. Klamath River Renewal Corp (KRRC) has violated the license multiple times. Massive environmental destruction is the result. Plaintiff requests an emergency removal of KRRC license.

-Submission Date/Time: 7/31/2024 2:49:44 PM -Projected Filed Date/Time: 7/31/2024 2:49:44 PM (Subject to Change based on OPM/FERC Closure)

Additional detail about your filing is available via the following link:

https://ferconline.ferc.gov/SubmissionStatus.aspx?hashcode=lwPrH5RFZW5gh9tNEBIx6w

Defendants ECF 68 is all a violation of Federal Laws to wit: 18 U.S.C. § 1001 False Statements, Concealment, 18 U.S.C. 1621 Perjury and 29 CFR § 1606.8 harassment. If defendants upload one more pleading with only one untruthful statement then Plaintiff will demand the court to adjudication of you to the FBI for investigation and the Federal Prosecutor in Portland to charge these crimes against you. Defendants killed 2000 fish including endangered Salmon and a herd of elk without permits. Defendants also released 5 million metric yards of silt from the Iron Gate Dam on January 23^rd, 2024 which killed all aquatic life to the coast. 120 river miles are devastated. Defendants knew (Exhibit 1 in February 17, 2022) they were not permitted to release more than 1500 cubic yards of silt from any of the dams. However, the silt on the sides of
the klamath river is contaminated with extremely high concentrations of arsenic and chromium VI and much more than the 4 dams and 1500 cubic yards each. Many animals have perished as a result of this malfeasance. These are the applicable environmental laws broken by defendants: 16 USCA § 1532(19); see also Goble, D. D.; George, S. M.; Mazaika, K.; Scott, J. M. & Karl, J. (1999) “Local and national protection of endangered species: An assessment,” Environmental Science & Policy, 2, pp. 43-59.18 U.S. Code § 41 – Hunting, fishing, trapping; disturbance or injury on wildlife refuges. The Endangered Species Act of 1973, https://www.fws.gov/laws/endangered-species-act/section-11 33 U.S.C. §1251 et seq. (1972) Clean water act Section 404 18 USC 3 accessory after the fact.

Defendants’ pleadings are not properly before the Court due to failure to double space the document, In violation of Federal Court Rules, FRCP 10,5.Additionally, Plaintiff has clearly demonstrated that this Court does indeed have jurisdiction over this case because FERC is not a defendant and all other objections to standing are trivial or irrelevant smokescreens based on abuse of the laws cited! More importantly, standing is inherent or built-in by the Defendants’
violations of Federal Environmental law and the seven values articulated therein, reserved for every citizen of the United

States. Also moving back to the Klamath Area gives legal standing. When the federal prosecutor learned of this case they directed the FBI to investigate 4 Federal environmental laws confirmed broken, including confession in a Press Conference to killing 2,000 fish and a herd of elk without permits, as reported in an OPB article.  This is ECF 1 page 8 line 10 through Page 9 line 18.

Notice of Electronic Filing

The following transaction was entered on 7/28/2024 at 1:32 PM PDT and filed on 7/28/2024

Case Name:	White v. Coffman et al
Case Number:	3:24-cv-00755-JR
Filer:	David White
Document Number:	69

Overwhelming stakeholder support to keep the Klamath River dams. 78% of Siskiyou county voted to keep the dams. 2017 California Water board testimony was mostly including PhD’s for keeping the dams .(100 pages vs 15 pages for dam removal). February 2024 Plaintiff was at Holiday Market in Klamath falls and handed out 500 documents which said we need to dredge behind the dams and install fish ladders. The result was 500 to one wanted to keep the dams. Plaintiff has graduate 461 statistics. Both ends of the river where its most populated is for keeping the dams. Therefore, most stakeholders, (over 80% conservatively) are for keeping the dams!

Please click 65 and read the pleading. The so called findings and recommendations of the court appears as if written by defendants legal counsel. Please also click Judicial notice of case facts. This case is about killing a herd of elk and 2000 fish including endangered Salmon and killing all aquatic life in 120 river miles between Iron Gate Dam and the ocean with five million metric Yards of silt released from the Iron Gate Dam. I asked FERC to remove Defendants license because they did not do required mitigation. The defendants actions killed 2000 fish including endangered Salmon and a herd of Elk without permits.

On 7/11/2024, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:

Filer:           Individual No Affiliation

                             No Organization Found (as Agent)

Docket(s):            P-14803-000

Lead Applicant: Klamath River Renewal Corporation

Filing Type:         Court Related Documents

Description:         Response to Findings and Recommendation of Dave White filed in the U.S. District Court for the District of Oregon-Portland Division re the Lower Klamath Hydroelectric Project under P-14803.

To view the document for this Filing, click here

https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20240711-5137

Notice of Electronic Filing

The following transaction was entered on 7/8/2024 at 3:53 PM PDT and filed on 7/8/2024

Case Name:	White v. Coffman et al
Case Number:	3:24-cv-00755-JR
Filer:	David White
Document Number:	65

Docket Text:
Motion PLAINTIFF OBJECTIONS TO FINDINGS AND RECOMMENDATION. Filed by David White. (Attachments: # (1) Attachment Judicial Notice of case facts) (White, David).

Some grass growing up through the silt will be contaminated and any

animal eating it will die. See https://salmonprottectiondevive.com/CDM_2011_0119_Screening-Level-Evaluation-of-Contaminants-in-Sediments.pdf

Arsenic and Chromium 6 in the sediment behind the dams. See chapter three.

The below information is from the 2011 chemistry test of silt behind the Klamath river dams which is now beside the river and downstream. The silt is contaminated with super high levels of arsenic, chromium 6 and carcinogens. No one should go near the river without a gas mask on. 

Chapter three Table 3. Chemicals in 2009-2010 Klamath Reservoir Sediment that Exceed One or More Human Health Sediment Screening Levels 

See chapter 3. Arsenic, Chromium 6 and DDT in the sediment behind the

dams.

2011 Report of extremely dangerous arsenic, Chromium 6 and DDT

contamination in the Klamath River System silt, thoroughly debunking

KRRC’s recent whitewash of their failure to mitigate. 

The information below is from the 2011 chemistry test of silt behind the

Klamath River dams, which has now been deposited on downstream

riverbanks, thanks to KRRC’s ineptitude.  All the riverbanks are now

contaminated with ultra-high levels of arsenic, chromium 6 and carcinogens

in the silt. No human should go near the river without a gas mask and the

original mitigation requirement of fencing must now be installed over twice

as much River mileage (RM) to prevent further destruction of wildlife.  This

is a high price to pay for KRRC’s penchant for cutting corners to get the job

done quick.

Chapter three Table 3.

Chemicals in 2009-2010 Klamath Reservoir Sediment that Exceed One or

More Human Health Sediment Screening Levels.

Lower Klamath

Chromium at limit of SL1-FWS, SL2-FWS, FWS TEL, FWS LEL, FWS PEL, FWS TEC.

Upper Klamath

Chromium at limit of SL1-FWS, FWS TEL, FWS LEL, FWS PEL, FWS

TEC.

Copco 1 Reservoir

Arsenic concentration is 6.3 to 13 times concentration of safe limits of EPA

RSL TOT CAR, CHHSL Res, CHHSL Comm.

BIS(2-CHLOROETHYL) ETHER, a carcinogen is at the limits of EPA RSL.

J.C. Boyle Reservoir

Arsenic 38 to 214 times concentration of safe limits of EPA RSL TOT CAR,

CHHSL Res, CHHSL, Comm.

4,4-DDT 12 to103 times concentration of safe limits of ODEQ BSLV H-S,

ODEQ BSLV H-G.

Iron Gate Reservoir

Arsenic 26 to 143 times safe concentration exceeded all screening levels

high concentration. EPA RSL TOT CAR, CHHSL, Res, CHHSL, Comm

BIS(2-CHLOROETHYL) ETHER, a carcinogen is at the limits of EPA RSL.

Lower Klamath Estuary

Arsenic is 8.2 to 46 times in concentration exceeding all screening levels

EPA, RSL, TOT, CAR, CHHSL, Res, CHHSL, Comm.

Upper Klamath Estuary

Arsenic is 5.6 to 31 times safe concentration exceeding all screening levels

EPA, RSL TOT CAR, CHHSL Res, CHHSL, Comm.

BIS(2-CHLOROETHYL) ETHER, a carcinogen is at the safe limits of EPA RSL 

Signs should be posted in English and Spanish “Don’t come closer to the

river without a gas mask”. The silt is contaminated with high amounts of

arsenic, chromium 6 and DDT. See Salmonprotectiondevice.com Klamath

page. The urgency of this injunction is underscored by reports of the threat

to humans and wildlife now emerging from the Klamath basin below the

Iron Gate Dam.  One resident has preserved a dead beaver in cold storage

that we are seeking to autopsy as soon as possible.  We are also getting

reports of unsuspecting fisherman returning to the river to catch

unsuspecting salmon entering from the Pacific.  They are completely

oblivious to the deadly threat, which cannot be detected by sight or smell. 

As noted above, the concentrations of lethal chemicals are levels of

magnitude above government sanctioned safety limits.  The picture below

is but one more illustration of KRRCs’ ineptitude and failure to understand

or comply with mitigation requirements.  They assume that simply planting

grass and restoring native herbs and shrubs is adequate for the task.  No

thought has been given to the lethal effect this is having on wildlife grazing

on the riverbanks.  In reality, we are looking at an EPA Super-Fund site of

mammoth proportions.  Once again, we alerted EPA earlier this week.

The relatively simple task of dredging silt contained behind the 4 dams has

now been spread out over the 120 RM Klamath basin below the Iron Gate

Dam.  Not to mention the 100+ river miles between the Iron Gate and the

JC Boyle Dam upriver in Oregon.  Silt on both sides of the river will need to

be skimmed off, heat-treated in a decontamination, scrubbing facility, and

then returned to the mountains.  

Had Plaintiff’s original request for a “stop work” injunction

(3:24-cv-00755-JR) been honored back on May 3rd, the two major dams

could have been salvaged from mindless destruction and at least some of

this damage would have been avoided.  This fiasco stands as a testimony

of compliance with half-baked, emotion-charged, “radical environmentalist”

ideology, while completely ignoring sound principles of environmental

science.

DISCUSSION

The 2018 FERC document (baseline document) required in item

(e) that the Klamath River Renewal Corporation (KRRC) must perform

mitigation prior to removing any dam on the Klamath River. Items 24 to 30

contained local resident stakeholder’s testimony expressing concern for the

loss of fish life and arsenic blowing in the wind from dried silt.

Plaintiff has learned from KRRCs’ Legal Counsel in Case 3:24-cv-00755-

JR that KRRC did in fact inform FERC that they performed mitigation.

However, the environmental catastrophe they created proves that they

either did not mitigate, or they mitigated the wrong issues.

To illustrate, imagine a highway with three trees overhanging at about a

forty-five-degree angle. The transportation department sent out a crew to

mitigate the situation. However, the crew removes three trees on the

opposite side of the highway leaning into the ditch. Subsequently, a

leaning tree falls on a car and kills four people. This is wrong mitigation.

This is essentially what KRRC has done, destroying some 2000 fish and a

herd of elk and some deer.  Yet, these upstream assaults on the

environment pale in comparison to KRRC’s wanton destruction of all

aquatic life from Iron Gate dam to the ocean (120 RM) in January 2024. 

That’s the result of their gross negligence in flushing 5 million metric yards

of arsenic, chromium 6 and DDT laden silt from behind the Dams. 

Additionally, the Federal Prosecutor will likely file federal felonies against

KRRC and their accomplices for killing the fish, deer and elk without

permits. 

All of this Exxon-Valdez level disaster could have been easily prevented by

the relatively inexpensive expedient of dredging behind the dams, de-

toxifying the silt, and installing fish ladders.  Thus, the problem would have

been resolved for another 50+ years to everyone’s satisfaction, including

the upstream malcontents. 

This also is a testament to cherry-picking evidence, while ignoring

unanimous testimony and polling results of virtually all downstream

stakeholders.  Thankfully, this kind of pseudo-science has recently been

outlawed by the United States Supreme Court; unfortunately, too late for

the Klamath River Basin.

Plaintiff in items 1-7 details that this case pertains to environmental

damage perpetrated by KRRC.

The facts above are environmental issues of grave concern to plaintiff and

Klamath Basin dwellers.

Plaintiff filed in FERC Docket P-14803-000 a request for rehearing on Defendants license to remove it.

On 7/15/2024, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:

Filer:           Klamath River Renewal Corporation

                             Klamath River Renewal Corporation (as Agent)

Docket(s):            P-14803-001

Lead Applicant: Klamath River Renewal Corporation

Filing Type:         Environmental and Recreational Compliance Report

Description:         Klamath River Renewal Corporation submits Final Monthly Report for April 2024 for the California Water Quality Monitoring Plan re the Lower Klamath Hydroelectric Project under P-14803.

To view the document for this Filing, click here

https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20240715-5178

Silt beside Klamath

Actual case facts:

1.      The federal Prosecutor in Portland ordered the FBI to investigate your clients admitting in a press conference killing around 2000 fish including endangered salmon. Your clients should expect to be charged with around 8000 felonies in the coming weeks.

2.      The EPA is investigating your clients release of 5 million Metrix yards of silt from the iron gate dam which killed all aquatic life to the coast. The EPA knows this is worse than the Exxon Valdez oil spill. This will most likely be a superfund cleanup. I have also copied this email to a good friend high up in the EPA structure.

3.      Your pleadings mostly are 18 U.S.C. § 1001 False Statements, Concealment

4.

Your clients should negotiate with Plaintiff very soon to stay out of jail.

From: info@ord.uscourts.gov [mailto:info@ord.uscourts.gov]
Sent: Tuesday, June 18, 2024 10:50 PM
To: nobody@ord.uscourts.gov
Subject: Activity in Case 3:24-cv-00755-JR White v. Coffman et al Motion – Miscellaneous

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.

U.S. District Court

District of Oregon

Notice of Electronic Filing

The following transaction was entered on 6/18/2024 at 10:49 PM PDT and filed on 6/18/2024

Case Name:	White v. Coffman et al
Case Number:	3:24-cv-00755-JR
Filer:	David White
Document Number:	55

FBI, EPA and Corps of Engineers are all investigating Defendants.

1. FBI for the Federal Prosecutor for 9 federal laws broke killing 2000 fish, a herd of elk and all aquatic life below the Iron Gate Dam.
2. The EPA is investigating killing all aquatic life below the Iron Gate Dam. Defendants let out 5 million metric yards of sediment from the Iron gate dam and filled all the estuaries with silt. Also killing crab and clams and fish. This is bigger then the Exxon Valdez’s spill. The EPA is considering to make it a superfund cleanup.
3. Corps of Engineers are investigating Defendants not having a clean water act section 404 permit. This permit is required before starting.
4. Defendants chemistry test was a sham. The samples were from pristine tributaries going into the Klamath River. No chemistry test of contaminated silt.

Plaintiff received a call at 2:30 pm June 13^th from San Francisco Army Corps of Engineers Regulatory division. 415-503-6813 The woman who called said the director of the Regulatory division has taken a keen interest in Defendants Section 404 no-permit violations. Plaintiff asked if the Regulatory division could give defendants a stop work order like a home inspector does. Emphatically she said “Yes we can”!

1. Furthermore, Defendants Legal Counsels, Pleading are 18 U.S.C. § 1001 False Statements, Concealment and misuse of federal law and case law. Also stating that other similar cases were dismissed because the court lacked jurisdiction. Plaintiff has firsthand knowledge that one of those cases was dismissed because of procedural errors that, legal counsel made in their pleadings.

A social media post described Defendants fake chemistry test. In the FERC upload their chemistry test left out critical information like how the test was performed. They only said rough locations. The social media post said the defendants took samples from tributary’s flowing into Klamath River. Anyone can easily understand those samples would be pristine because of no disturbance up the tributaries like has been done in the Klamath River

Plaintiff has a freedom of Information act request to get the JC Boyle and Iron Gate Dam mechanical drawings. Also receiving a budgetary quote to install fish ladders on said dams from Hamilton Construction of Springfield Oregon who are the experts for fish ladders.