Even as federal mediators sought to settle one lawsuit concerning the cooperation of the lower Snake River dams, another group of environmentalists gave notice that they will ask a federal court to order whatever actions necessary to save endangered fish, including breaching the dams.

The dams play an important economic role in the region, producing electricity and facilitating transportation from Lewiston, Idaho, to the Pacific Ocean. Their future should be settled through the political process, not by judicial fiat.

Decades-long litigation filed by the National Wildlife Federation and a coalition of environmental groups and tribes regarding salmon in the Columbia River Basin is under a stay agreement until Aug. 31. As part of the agreement, the federal government committed to “exploring” removal of the four Lower Snake River dams.

During the stay, the parties to the litigation entered a mediation process led by the White House Council on Environmental Quality and the Federal Mediation and Conciliation Service in hopes of reaching a settlement.

Conservation and fishing groups have given 60-day notice of their intent to sue the U.S. Army Corps of Engineers, seeking removal of the Snake River dams.

Columbia Riverkeeper, Idaho Rivers United, Idaho Conservation League, and the Northwest Sportfishing Industry Association claim the dams cause “hot water conditions that kill and injure Snake River sockeye salmon in violation of the Endangered Species Act,” according to the notice.

In their notice, the groups cite the 1973 Supreme Court case Tennessee Valley Authority vs. Hill, which found that congressional authorizations and appropriations for federal dams do not create exceptions to the Endangered Species Act or prevent injunctions prohibiting such dams.

“We will seek, and a court may order, all necessary relief up to and including removal of the Lower Snake River dams to prevent the illegal killing and likely extinction of endangered Snake River sockeye,” the letter states.

It’s unclear to many whether the 1973 case is relevant, as it applied to a dam that had not yet been built. But this seems an issue destined to be decided by the court.

Nonetheless, there is widespread belief among ag stakeholders, the Corps, the administration and, most importantly, Congress, that only the legislative branch can authorize breaching the dams.

The dams generate enough electricity to power 800,000 homes, vital capacity in an era when state policy is reducing power generated by natural gas and coal. The dams provide vital transportation for farm inputs and commodities. There are no realistic plans to mitigate the loss of either.

Farmers, shippers and other stakeholders support salmon recovery in the Columbia Basin, including the far reaches of the Snake River.

Breaching the dams is an extreme solution, and not the only solution. But, if that ends up being the final solution, that decision needs to be made by Congress, through consultation with the electorate, not by the judiciary.