Klamath River Dams

Filed amended motion against your untimely motion to dismiss.

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 Army Corp of Engineers are investigating your clients working on the dams without the required clean water act section 404 of 1972. They will likely put a stop work order on your clients work in the coming days.

3.      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.

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

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.

Plaintiff received a call at 2:30 pm June 13th 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.

Notice of Electronic Filing


The following transaction was entered on 6/12/2024 at 9:55 PM PDT and filed on 6/12/2024

Case Name:White v. Coffman et al
Case Number:3:24-cv-00755-JR
Filer:David White
Document Number:54

Docket Text:
Motion EMERGENCY DECLARATION FEDERAL RULE 87C. Oral Argument requested. Expedited Hearing requested. Filed by David White. (White, David)

  • Notice of Electronic Filing: 6-3-2024

    The following transaction was entered on 6/3/2024 at 11:39 PM PDT and filed on 6/3/2024

    Case Name:White v. Coffman et al
    Case Number:3:24-cv-00755-JR
    Filer:David White
    Document Number:46

    Docket Text:
    Motion MEMORANDUM OF POINTS AMENDED. Filed by David White. (White, David)


    3:24-cv-00755-JR Notice has been electronically mailed to:

    David White     dave@salmonprotectiondevice.com

    Julia E. Markley     jmarkley@perkinscoie.comdocketpor@perkinscoie.comJeannetteKing@perkinscoie.comskroberts@perkinscoie.com

    Laura Godfrey Zagar     lzagar@perkinscoie.com

    Megan K. Houlihan     mhoulihan@perkinscoie.comBJones@perkinscoie.comdocketpor@perkinscoie.com

    Richard Roos-Collins     rrcollins@waterpowerlaw.comoffice@waterpowerlaw.com

    3:24-cv-00755-JR 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=6/3/2024] [FileNumber=8595637-0] [3
    7afc976bbc9fbd6cd97bab2ae3acf9a6d3dec6108cdafe224c9cf3b0ee463556213fa5
    0c18d27ef1c7c1b19c60ce33844937c2a1c274c13e6cec2ae976ffb94]]

    https://salmonprotectiondevice.com/wp-content/uploads/2024/06/Klamath-river-MEMORANDUM-OF-POINTS-ferc.pdf


  • Update: 6-2-2024

    Notice of Electronic Filing


    The following transaction was entered on 6/1/2024 at 8:04 PM PDT and filed on 6/1/2024

    Case Name:White v. Coffman et al
    Case Number:3:24-cv-00755-JR
    Filer:David White
    Document Number:41

    Docket Text:
    Motion PLAINTIFFS RESPONSE TO BRIEFING REPLY SCHEDULE REQUEST. AMENDED. Filed by David White. (White, David)

    Plaintiffs-responce-to-defendants-reply-in-support-of-joint-motion Plaintiffs-emergency-request-to-stop-Ion-Gate-dam-destruction

  • Notice of Electronic Filing: 5-27-2024

    The following transaction was entered on 5/27/2024 at 12:28 PM PDT and filed on 5/27/2024

    Case Name:White v. Coffman et al
    Case Number:3:24-cv-00755-JR
    Filer:David White
    Document Number:32

    Docket Text:
    Proposed Motion Gag Order request for defendants. Filed by David White. (White, David)


    3:24-cv-00755-JR Notice has been electronically mailed to:

    David White     dave@salmonprotectiondevice.com

    Julia E. Markley     jmarkley@perkinscoie.comdocketpor@perkinscoie.comJeannetteKing@perkinscoie.comskroberts@perkinscoie.com

    Megan K. Houlihan     mhoulihan@perkinscoie.comBJones@perkinscoie.comdocketpor@perkinscoie.com

    3:24-cv-00755-JR 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=5/27/2024] [FileNumber=8588243-0] [
    b44ce0ae3a3dd662e79fe42395b8f56321218f8e9fd544d1c2c79707334c14cf391bf2
    70ce5e0f59757bc85a741ad6b795ca03f7d02b20247ff91bbd7c043a2f]]

    https://salmonprotectiondevice.com/wp-content/uploads/2024/06/Plaintifs-request-gag-order-on-defendants.pdf


  • Letter to Judge Nelson

    Subject: Case 3:24-cv-00755-JR
    Importance: High

    Dear Honorable District Judge Nelson and Honorable Magistrate Judge Russo

    It is no exaggeration to state that our case already involves an environmental catastrophe similar in severity and scope to the Exxon-Valdez oil spill and may even exceed it.

    Forgive me for interrupting your weekend and perhaps speaking out of turn, but I feel it is vitally important to impress upon you the extreme urgency of this situation.  I am speaking here on a personal level to stress implications and avoid introducing new relevant facts not already part of the legal record.

    My grave concern is that various legal proceedings and maneuverings will serve as a delaying action to make my request for an injunction a moot point because the dam is destroyed in the very near future – probably less than 10 days from now.

    Because we  are copying the defendant I assume this is not ex parte, but just in case, the rule says:  Rule 2.9: Ex Parte Communications:  Here are the initial clauses of this Rule: 

    (A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* except as follows:

    (1) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided:

    (a) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and

    (b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.

    Plaintiff has cc’ed Defendants Legal Counsel

    Please consider carefully this analysis of the situation by the Siskiyou News, “It  is no doubt that 5,000,000 yards of silt released from the Iron Gate Dam on January 23 is the cause of killing all of the aquatic life from the Iron Gate Dam to the Ocean on the Klamath River.”

    Parts of the coastline at the mouth of the River have already been contaminated – we just don’t know at this point.  It is an environmental remediation that will most likely involve the EPA because of extreme downstream damage that has already been inflicted between the Iron Gate dam and the Pacific Ocean. 

    There is no debate that the release of about 5-million metric yards of sediment from Iron Gate Dam on January 23, 2024 virtually killed all aquatic lifeforms in the Klamath River all the way to the coast. 

    https://www.siskiyou.news/2024/03/09/anyone-remember-the-1964-klamath-river-flood

    I have filed for a case with the FBI to investigate violations of Federal law at the request of the Federal Prosecutor’s office.

    If this injunction is not forthcoming very soon, the damage will be levels of magnitude greater and virtually irreparable.   That last remaining dam is all that now stands between “the Devil and the deep blue sea.” 

    I am able to speak with authority on this issue because I’m a Chemical Engineer knowledgeable in Electrical and Hydraulics, which are required for such a project.   Tragically, the actions taken to date have demonstrated a

    level of technical expertise insufficient to remediate the mess that has already been created.  For example, on one project I was responsible to purchase a billion dollars of semi-conductor equipment, so I know how to manage

    a large project like this without issues.

    As everybody knows, our concern is that ill-trained amateurs have somehow persuaded a committee of ill-informed bureaucrats to circumvent Congress and Federal law to take an extremely ill-advised action.  No legal right has been granted by Congress to remove any dam without Congressional approval, let alone the last remaining Iron Gate Dam on the Klamath River. It is imperative that the destruction of the Iron Gate is stopped immediately. To summarize the situation:  

    1.   We have a Confession to gross negligence in killing 2,000 fish and an elk herd without permits,  which pales in comparison to:

    2.   Dumping of contaminated silt which already killed all aquatic life below the dam to the ocean.

    3.   The threat of destroying all flood control which will cost an estimated $50,000,000+ annual cleanup, based on the 1964 flood damage costs

    4.   Atmospheric pollution caused by arsenic and other potential contaminants that we don’t even know about yet from the dried sediment blowing in the wind

    5.   Alleged violation of at least 3 Federal laws, including environmental laws

    Again, may I stress that I am not saying anything that has not already been introduced in court.

    If this project was turned over to my team we would:

    1.   Repair the existing vandalism

    2.   Install a fish ladder on Iron Gate Dam.

    3.   Dredge behind it all the way to the top of the river after chemically analyzing the silt and mitigating any contaminants in the silt.

    Defendants’ two recent pleadings have only served to muddy the water (no pun intended) by what I believe to be misinterpretation of the relevant statutes and case law.  I only mention these things because I believe various legal procedures may serve as a delaying action to make the injunction a moot point because the dam is destroyed.

    Please grant the injunction that Plaintiff has asked without further delay.  I will fix this mess for you in 3 to 5 years. It will take all of Defendants’ allotted funds – and probably more – to fix this.  But performance of these critical cleanup duties is clearly beyond the defendants’ level of expertise.

    This is so serious that I felt it was imperative to initiate an ongoing FBI investigation at the request of the Federal Prosecutor.  It may need to be reported directly to EPA after I have determined the exact severity of the calamity and damages to the multiple estuaries.  It is likely to include things such as depth of the silt on the estuaries, the exact nature of the poison and contaminants in the silt, and other important factors.

    Respectfully,

    Professor Dave White, Chemical Engineer

    The issue with the salmon in the Columbia river is not the dams. It’s the sea lions.

    We can help you write an injunction against what this judge did based on junk science. As long as a dam has a fish ladder then the fish are trained to go there. However like the Columbia river the Sea Lions wait at the fish ladder entrance downstream of the dam. https://salmonprotectiondevice.com/

    Dave White Chemical Engineer with Graduate 461 Statistics.

    503-608-7611


  • Notice of Electronic Filing: 5-22-2024

    The following transaction was entered on 5/22/2024 at 1:27 PM PDT and filed on 5/22/2024

    Case Name:White v. Coffman et al
    Case Number:3:24-cv-00755-JR
    Filer:
    Document Number:25(No document attached)

    Docket Text:
    ORDER: Plaintiff’s Motion, ECF [22], is DENIED. Although plaintiff clarified in his motion that he is asking for his requested rulings “to be considered by the court at the appropriate time,” his motion is, in essence, a motion for judgment on the pleadings. Pursuant to Federal Rule of Civil Procedure 12(c), such a motion is appropriately filed only “[a]fter the pleadings are closed[.]” Defendants have not filed an answer or other responsive pleading to plaintiff’s complaint. Thus, the pleadings are not closed, and plaintiff’s motion is procedurally inappropriate. Ordered by Judge Adrienne Nelson. (dsg)


    3:24-cv-00755-JR Notice has been electronically mailed to:

    Julia E. Markley     JMarkley@perkinscoie.com, JeannetteKing@perkinscoie.com, docketpor@perkinscoie.com, skroberts@perkinscoie.com

    Megan K. Houlihan     mhoulihan@perkinscoie.com, BJones@perkinscoie.com, docketpor@perkinscoie.com

    David White     dave@salmonprotectiondevice.com


  • Notice of Electronic Filing: 5-21-2024

    The following transaction was entered on 5/21/2024 at 4:04 PM PDT and filed on 5/20/2024

    Case Name:White v. Coffman et al
    Case Number:3:24-cv-00755-JR
    Filer:
    Document Number:23

    Docket Text:
    Service Papers Received. Summons issued as to Mark Bransom, Dave Coffman, Klamath River Renewal Corporation. Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service. (Attachments: # (1) Attachment USM 285 Form) (fp)


    3:24-cv-00755-JR Notice has been electronically mailed to:

    David White     dave@salmonprotectiondevice.com

    Julia E. Markley     JMarkley@perkinscoie.comdocketpor@perkinscoie.comJeannetteKing@perkinscoie.comskroberts@perkinscoie.com

    Megan K. Houlihan     mhoulihan@perkinscoie.comBJones@perkinscoie.comdocketpor@perkinscoie.com

    3:24-cv-00755-JR 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=5/21/2024] [FileNumber=8583688-0] [
    4e4175537c13ef32ff76350647cdb5085d5b8d5d54826f0593c21e76ec07c42239afa6
    b45a40c1a9d7fd5c9d8966e333fa8bb7e9300e83eb11b9b6b8c201c2d3]]
    Document description:Attachment USM 285 Form
    Original filename:Not Available
    Electronic document Stamp:
    [STAMP ordStamp_ID=875559790 [Date=5/21/2024] [FileNumber=8583688-1] [
    7a2ca739ee5bfbd85ac4461a78655d4ba9e1cfcbbb59d35a63ccded32a7a3178ed762a
    c29af71d4a95f68a8dfb6a9ebbe2e0befd7640326ee55ddd153d64b841]]

    https://salmonprotectiondevice.com/wp-content/uploads/2024/06/Klamath_river_MEMORANDUM_OF_POINTS_ferc_amended-1.pdf

    https://salmonprotectiondevice.com/wp-content/uploads/2024/06/Plaintiffs_Responce_to_briefing-schedule.pdf



  • Notice of Electronic Filing: 5-18-2024

    The following transaction was entered on 5/18/2024 at 4:02 PM PDT and filed on 5/18/2024

    Case Name:White v. Coffman et al
    Case Number:3:24-cv-00755-JR
    Filer:David White
    Document Number:20

    Docket Text:
    Emergency Motion . Expedited Hearing requested. Filed by David White. (Attachments: # (1) Proposed Summons, # (2) Proposed Document) (White, David)


    3:24-cv-00755-JR Notice has been electronically mailed to:

    David White     dave@salmonprotectiondevice.com

    Julia E. Markley     JMarkley@perkinscoie.com, docketpor@perkinscoie.com, JeannetteKing@perkinscoie.com, skroberts@perkinscoie.com

    Megan K. Houlihan     mhoulihan@perkinscoie.com, BJones@perkinscoie.com, docketpor@perkinscoie.com

    3:24-cv-00755-JR Notice will not be electronically mailed to:

    The following document(s) are associated with this transaction:

    https://salmonprotectiondevice.com/wp-content/uploads/2024/06/USM285-form-ready-to-file.pdf

    https://salmonprotectiondevice.com/wp-content/uploads/2024/06/summans-filed-klamath-case.pdf

    https://salmonprotectiondevice.com/wp-content/uploads/2024/06/Plaintiffs-request-for-ajudacation.pdf


  • Notice of Electronic Filing 5-16-2024


    The following transaction was entered on 6/11/2024 at 11:33 AM PDT and filed on 6/11/2024

    Case Name:White v. Coffman et al
    Case Number:3:24-cv-00755-JR
    Filer:David White
    Document Number:53
    ECF 53

    Docket Text:
    Motion PLAINTIFF RESPONSE TO JURISDICTION. Filed by David White. (White, David)

    Email sent to clients attorneys.

    I filed a complaint against defendants with the Army Corp of Engineers Regulatory section. They know your clients have no permit for what they are doing. They should have applied for the required section 404 permit two years ago. I applied for one to rebuild the dams. You client therefore can’t apply until after mine is decided.

    Email sent to Defendants (Klamath River Renewal and RES) attorneys after I submitted this ECF 51.

    Your clients have zero legal right to do anything with the Klamath river dams.

    Also, the required section 404 permit (paragraph, page 15) was not applied

    for or received in:

    https://elibrary.ferc.gov/eLibrary/docfamily?accessionnumber=20240603-5054&optimized=false

    181 FERC ¶ 61,122

    UNITED STATES OF AMERICA

    FEDERAL ENERGY REGULATORY COMMISSION

    Before Commissioners:  Richard Glick, Chairman;

                                            James P. Danly, Allison Clements,

                                            Mark C. Christie, and Willie L. Phillips.

    PacifiCorp   Klamath River Renewal Corporation State of Oregon State of CaliforniaProject Nos.2082-063 14803-001  

    Order MODIFYING AND APPROVING Surrender of License and

    REMOVAL OF PROJECT FACILITIES

    Page 15 Section 3. The Corps’ Section 404 Permit

    Section 404 of the CWA requires authorization from the Secretary of the

    Army, acting through the Corps, for the discharge of dredged or fill

    material into all waters of the United States, including wetlands.   The

    Renewal Corporation has applied to the Corps for a permit that would

    authorize the placement of approximately 212,000 cubic yards of

    permanent or temporary fill material within 20 acres of jurisdictional waters

    in the Klamath River.  The Renewal Corporation’s section 404 permit

    application remains under the Corps’ consideration.  Pursuant to Ordering

    Paragraph (K), land-disturbing activities subject to the Corps’ jurisdiction

    under CWA section 404 may not begin until the Corps has issued a

    permit authorizing such activities.

    This “The Renewal Corporation’s section 404 permit application remains

    under the Corps’ consideration) is 18 U.S.C. § 1001 False Statements,

    Concealment.

    No such section 404 permit application has been filed with the Army Corps

    of Engineers. This is a well-documented case fact with proof below.

    Email from CESPN-RG-Info <CESPN-RG-Info@usace.army.mil>

    Dear Mr. White,

    You may view Pending and Final Individual Permits issued by this Office

    using our USACE Jurisdictional Determinations and Permit Decisions Web

    viewer (https://permits.ops.usace.army.mil/orm-public). The project you’re

    looking is likely the green dot northeast of Yreka. We recommend

    reaching out to the Klamath River Renewal Corporation regarding any

    permits issued to them.

    If you would like to request copies of our records related to specific permit

    actions, you are welcome to do so through our FOIA process.  Unlike other

    agencies, FOIA requests are made directly to the District and usually have

    a quick turnaround.  To access instructions, please visit the San Francisco

    District’s FOIA webpage at

    https://www.spn.usace.army.mil/Library/Freedom-of-Information-Act/. The

    webpage provides instructions and examples to walk you through the FOIA

    process.  The three key items to include in your electronic FOIA request

    would be:

    1) a subject line reading “Freedom of Information Act Request;”

    2) a description of the records providing sufficient detail to allow the FOIA

    office to locate them with a reasonable amount of effort; and 3) a statement

    that you are willing to pay the applicable fees.  The request should be sent

    to San Francisco District’s FOIA Coordinator, Cassidy Holmes.

    USACE, San Francisco District

    450 Golden Gate Ave., 4th Flr.

    San Francisco, California 94102-3404

    415-503-6813

    Plaintiff, following Court protocol sent D23LC a Discovery email about an

    Army Corps of Engineers section 404 permit! No response to date from

    Defendants through D23LC about this.

    In short, Defendants don’t have a Section 404 or 408 Permit from army

    Corp of Engineers!

    https://permits.ops.usace.army.mil/orm-public

    Even searching all Districts and all years there exists no Section 404

    permit or pending application for Klamath River Dam Removal.

    By contrast, Plaintiff has submitted a Section 404 application to put five

    salmon protection devices on the Bonneville Dam’s fish ladders which will

    restore the Columbia River salmon runs within seven years. Our funding

    from OWEB and NOAA fisheries is under review.

    This section 404 was applied for on 1/3/2024 and has not yet been

    approved. Defendants haven’t even filed an application!

    Our Injunction and complaint to stop the removal of Klamath River dams in Oregon and California was sent to Cindy Crane of PacifiCorp on 2/25/2024. Everyone please call 1-888-221-7070 and say no rate increases. Memorandum of points filed debunking the FERC document. Discovery and pretrial order signed by federal judge.


  • Update: 5-16-2024

    UPDATE: Please share the urgent information on the Iron Gate Dam. While removal will eventually return the river it’s natural flow regime, we have no idea where that is going to be and there were many historical floods before the dam was built to regulate the flow. For more information see these articles: