Earthjustice: Because the earth needs a good lawyer.
Mineral King: The Foundation of Modern Environmental Law
In the First Person

Breaking Down the Courthouse Door

The U.S. Supreme Court. (Phil Roeder / Flickr)
As Told By Don Harris, Earthjustice co-Founder

In the mid-1960s, the Consolidated Edison company wanted to build a powerplant with a reservoir at Storm King Mountain on the Hudson River. An appeal was lodged with the Federal Power Commission, arguing that an organization known as the Scenic Hudson Preservation Conference should have the right to challenge the project on aesthetic grounds. The FPC agreed that the anti-power-plant partisans could participate. The matter wound up before a federal appeals court, and the objectors prevailed. The power plant was never built.

About the same time, the Forest Service announced that it was about to approve a proposal by Walt Disney—yes, that Walt Disney—to build a very large ski resort in the southern Sierra Nevada in California in a very small and remote valley called Mineral King.

The resort was totally out of scale—dozens of lifts, plus hotels, restaurants, parking lots, and all the trimmings in a small, fragile, high-altitude valley renowned for its avalanches. The Sierra Club objected. Other outdoors groups objected. They wrote letters to politicians. They published articles in newspapers and magazines. But when the Sierra Club decided to oppose the Disney ski resort, it was bucking very long odds. The state's governor (Ronald Reagan) favored the project, as did the state legislature, the state highway commission, the state's major newspapers, President Johnson, local congressmen, and both California senators. It looked hopeless. Hopeless, that is, until a group of us on the Sierra Club legal committee suggested that maybe, just maybe, with the Storm King decision in mind, we could persuade a federal judge to consider the club's opposition even though the organization had no financial interest in the project or Mineral King.

We—Fred Fisher, Phil Berry, and I—were too busy with our own legal practices to take on what might prove to be a major case. We prevailed upon a talented San Francisco lawyer named Lee Selna, who agreed to take the case at a sharply reduced rate. The Sierra Club board, after sober consideration, decided to take the plunge.

Selna filed suit in June of 1969 against the Forest Service, which was the manager of Mineral King valley. A second defendant was the National Park Service, which would allow an access road to be built across an arm of Sequoia National Park, which surrounded Mineral King on three sides.

Selna wrote that because the Sierra Club existed partly to protect places like Mineral King it should have the right to bring a case to court. He further argued that the proposed ski development was illegal in at least three respects.

The Justice Department, representing the two agencies, replied that the argument that the proposal was illegal was wrong and, more fundamentally, that the Sierra Club had no "standing" to bring the case to court in the first place.

Judge William Sweigert, who presided over the case, agreed with the Sierra Club and issued an injunction: No work on the project could be done until the legal issues were thrashed out in a trial.

The government then made a tactical decision. Rather than slug it out in the district court, it asked the Court of Appeals to decide whether the club had standing. That court studied briefs the lawyers submitted, heard oral arguments, and then said no, the Sierra Club does not have standing, never mind the merits of its case. (The appeals court judges didn't think much of the merits either.)

So Selna and the club took the major step of asking the Supreme Court to review the matter. The Storm King case had not gone to the highest court, so a great deal was riding on the Mineral King appeal.

First, they had to persuade the Supreme Court to hear the case, and that court turns away at least 90 percent of the cases brought before it. The Supreme Court took the case. Selna argued that because the Sierra Club was in the business of protecting national parks and other beautiful public places it should have the right to go to court. The government argued that since the club had not claimed there would be any injury to itself or its members from the resort it had no business in the federal court.

The Supreme Court thought it over, then found that, as the legal papers had been written, the club had not proved standing. But it dropped a huge hint: In a footnote, the court more or less invited the club to amend its complaint to include allegations of injury to itself and its members—interference with backcountry trips, damage to recreational opportunities, and so on—and try again. Justice William O. Douglas, in a celebrated dissent, argued that Mineral King itself ought to be the plaintiff in the case, with its own interest represented by the Sierra Club or another friend.

So successful was the Mineral King case that two years after it was filed, Fisher, Berry, and I, along with a handful of colleagues and with a major boost from the Ford Foundation, established the Sierra Club Legal Defense Fund to enlist the courts and the legal profession in the fight to save the earth. Federal defendants still sometimes challenge plaintiffs' standing to bring cases to court, but that sort of challenge rarely succeeds.

Share

Don Harris, one of Earthjustice's founders, tells the story of how it all started, in a lawsuit that opened up the legal system to environmental organizations and sparked the creation of the organization that would become Earthjustice.

A volunteer attorney involved with the Mineral King case, Don Harris, along with Sierra Club President Edgar Wayburn, attorney Philip Berry, attorney Fred Fisher, and the Club's Executive Director Mike McCloskey, established the Sierra Club Legal Defense Fund in San Francisco in 1971. The organization was fully independent from the Sierra Club with its own board of trustees, staff, and contributors.

In 1997, we changed our name to Earthjustice to reflect our role as a legal advocate for not just the Sierra Club, but also for hundreds of other clients.

Above: "Equal Justice Under Law", written above the main entrance of the Supreme Court Building, expresses the ultimate responsibility of the Supreme Court of the United States. The Court is the highest tribunal in the country for all cases and controversies arising under the Constitution or the laws of the United States. (Photo Credit: Phil Roeder)

Sierra Club Legal Defense Fund, before the organization changed its name to Earthjustice.

"Once the word was out that there was free legal advice for the environment, the cases poured in the door at a fantastic rate from all over the country."
– Don Harris, Earthjustice Co-Founder

Fred Fisher and Phil Berry, in the Sierra Nevada.

"I really became an environmentalist in two ways: one was having Phil Berry [left], who was active in the Sierra Club and a law school classmate of mine, take me up in to the Sierras for the first time …"
– Fred Fisher (right), Earthjustice Co-Founder

Don Harris.

Don Harris, Earthjustice Co-Founder.
A volunteer attorney on the Mineral King case, Harris would later co-found Earthjustice, then named the Sierra Club Legal Defense Fund. Earthjustice changed its name in 1997.

Atop The King: Explore
In The Forest
When we saved the forests of Mineral King, we started a trend for Earthjustice. Earthjustice has been saving forests for decades, achieving many significant victories.
Explore Forests.
Atop The King: Explore
On The Trail
Whether we hike, climb, cave or raft the wild reaches, we must do so in a way that minimizes our impact to the ecosystem.
Explore Trails.
Atop The King: Explore
Beneath The Sky
The silhouette of wild places should be traced by the slope of hills and mountains and the reach of trees and shrubs—not by clearcuts, drilling rigs and industrial development.
Explore Sky.
Atop The King: Explore
By The River
Rivers across the country provide sustenance to wildlife and human communities alike. Today, many are threatened.
Explore Rivers.
Atop The King: Explore
On The Mountain
Mountain ecosystems are some of the first places experiencing the impacts of climate change. Earthjustice is working to protect these ecosystems and combat the change.
Explore Mountains.
Atop The King: Explore
By The Lake
The serene beauty of a mountain lake is undeniably special. But even these refuges are suffering—from development, wind-drifted pollution, climate change and more.
Explore Lakes.
See Also:

The Early Days of Environmental Law

Jim Moorman, first executive director of the Sierra Club Legal Defense Fund, discusses environmental law.

Photo of Jim Moorman. > Read Environmental Law Q&A

Photo Gallery

See a collection of photos of Mineral King valley taken during the summer months of the year.

Photo of Marmot. > View Photos

The Wild Future

Earthjustice President Trip Van Noppen discusses how to manage and protect wild ecosystems in a warming world.

Photo of Trip Van Noppen.. > Watch Video Interview
Donate Now.

Your critical gift safeguards public lands, national forests, parks, and wilderness areas; reduces air and water pollution; prevents toxic contamination; preserves endangered species and wildlife habitat; and defends the right of all people to a healthy environment.

Donate Now.
More options to share.Share Mineral King.
Share
Join us on our journey.

The earth needs a good lawyer. And Earthjustice needs you.

Stay informed on how Earthjustice is working to save wild places for this and future generations. Subscribe to Earthjustice emails, Like us on Facebook, and Follow us on Twitter:

   Please leave this field empty