In September 2009 Earthjustice attorneys succeeded in winning a court case that forced the federal government to reinstate Endangered Species Act protections for grizzly bears living in the Greater Yellowstone ecosystem.

The bears lost federal protection in 2007 in spite of a rapid decline in one of their main food sources, the seeds of whitebark pine trees. Whitebark pines are in decline due to warming temperature in the high altitudes of the Rocky Mountains where they grow.

The U.S. Environmental Protection Agency has fallen far behind in one of its most important responsibilities: to protect the American public from toxic air pollutants. The New York Times recently reported on a new study from the agency's Inspector General which found that the EPA is currently violating federal law by failing to put these protections in place. Because of the EPA's failures to set vital clean air standards, millions of Americans still face appallingly high risks of cancer, birth defects and other devastating illness—all because of exposure to toxic air pollution that can and should be controlled.

This grim news does not result from an oversight or an accident. As the EPA recognized in its response to the report, the Bush administration intentionally cut the agency's budget for controlling toxic air emissions by 70 percent. Time was spent instead on reducing protections: a federal court observed in 2006 that the EPA under Bush was "devot[ing] substantial resources to discretionary rulemakings, many of which make existing regulations more congenial to industry, and several of which since have been found unlawful."

It is hardly surprising that when the Bush administration cut the budget for reducing toxic air emissions by more than half, the staff could not do their job. As a result, health protections that Congress required the EPA to issue years ago have never been put in place, the toxic pollution continues unabated, and people go on suffering unnecessarily. One key statistic on that suffering: the Inspector General reports that "1 in every 28,000 people could develop cancer from air toxics exposure."

“The battle to restore a proper relationship between man and his environment, and between man and other living creatures, will require a long sustained political, moral, ethical, and financial commitment far beyond any commitment ever made by any society in the history of man. Are we able? Yes. Are we willing? That’s the unanswered question.” – Gaylord Nelson, founder of Earth Day.

When Earth Day was born 40 years ago, there were “spumes of pollution pouring out of smokestacks, people spraying children in parking lots and at picnics with DDT, air pollution in major cities that was basically unbreathable, rivers catching on fire, lakes dying,” says one of Earth Day’s original organizers, Denis Hayes, in this Washington Post video. “It was just deteriorating very rapidly, but what addressed those problems was a wave of legislation immediately after Earth Day.” (For more on Earth Day’s storied history, read this.)

As we celebrate 40 years of Earth Day, we’re also celebrating 40 years of Earthjustice victories – check out 40 of our favorite victories along with stunning photos in this new slideshow made for Earth Day 2010.

We're also celebrating our army of supporters, activist members, and concerned citizens. We have you to thank for each of these major victories, and the many victories and wins in between.

When we filed suit to challenge a proposed Naval training range in waters off the coast of Florida it was to ensure the future of the critically endangered right whale. The area is smack dab in the only known calving grounds for right whales – only about 400 remain in existence today. And get this: Over the weekend scientists conducting aerial surveys observed a right whale calf being born off the coast of Jacksonville, Florida. This is huge for the scarce right whale population and drums the point we’ve been trying to make: to build a training range where whales and their calves are in harm’s way would be negligent and immoral. The National Marine Fisheries Service has said: the loss of even a single individual right whale may contribute to the extinction of the species.

Years ago right whales nearly went extinct due to overhunting but although they’re no longer hunted right whales are still victims of human activity. Because their calving grounds and habitat stretch through some of the busiest shipping channels and fishing spots in the world, right whales are often struck by passing ships or become entangled in fishing gear. And now, despite the obvious threat facing right whales and their potential extinction, the U.S. Navy is planning to construct a 660-square mile undersea warfare training range.

This birth is a rare look at a species which has been listed as endangered since 1973 but remains at risk of extinction due to shipping and fishing operations within their habitat. The training range would be a surefire threat to an already imperiled animal. But with our legal challenge – we’re working so that won’t happen.