Notice of Electronic Filing 5-16-2024

Print Friendly, PDF & Email

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:

181 FERC ¶ 61,122



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


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,


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 <>

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 ( 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 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


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!

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.