|Alaska Roadless Intervention||Earthjustice, together with Natural Resources Defense Council, is representing several clients to defend the 2001 Roadless Areas Conservation Rule in court, once again. The latest challenge to the Roadless Rule was brought by the State of Alaska in the D.C. District Court in June 2011. It focuses on the two national forests in Alaska—the Tongass and the Chugach—but also seeks to strike down the rule nationwide.|
|San Pedro River Water Use Challenge||Earthjustice represented the Center for Biological Diversity and the Maricopa Audubon Society in challenging the lawfulness of a U.S. Fish and Wildlife Service’s biological opinion, which concluded that continued, even increased, water withdrawals by the Army for Fort Huachuca, a U.S. Army base near Sierra Vista, Arizona, will not unduly impact the San Pedro River. In May 2011, Earthjustice won this case in the District of Arizona.|
|Shell Oil's Arctic Drilling Clean Air Act Permits||
In March 2010, Environmental Protection Agency issued to Shell two multi-year major source air permits for its exploration drilling operations in the Beaufort and Chukchi seas. Earthjustice, on behalf of several petitioners, filed a petition for review of the permits in front of the Environmental Appeals Board, an administrative court within EPA.
|Steller Sea Lion Consultation||
Earthjustice, on behalf of Oceana and Greenpeace, has moved to defend the federal government in lawsuits brought by the State of Alaska and the groundfish industry. The lawsuits challenge conservation measures put in place in January 2011 to protect the endangered western population of Steller sea lions in the North Pacific Ocean.
|Gas Pipeline Company's Certificate of Public Convenience Challenged||
Earthjustice is representing a concerned landowner in challenging an application from the Laser Northeast Gathering Company -- a gas pipeline company seeking to operate in northeast Pennsylvania -- for a Certificate of Public Convenience, which would grant the company eminent domain powers, allowing it to force landowners to sell rights-of-way for pipelines through their property.
|Stanislaus National Forest Travel Management Plan Challenged||
Earthjustice is representing conservation groups in challenging the Forest Service's adoption of a motorized travel management plan that failed to minimize damage from off-road vehicles (ORV) in the Stanislaus National Forest, a popular recreational destination in California that encompasses approximately 900,000 acres on the western slope of the Sierra Nevada mountain range in California.
|Damaging Russian River Gravel Mining Plan Challenged||
Earthjustice is representing Russian Riverkeeper and the Redwood Empire Chapter of Trout Unlimited in challenging the Sonoma County Board of Supervisors’ December 7, 2010 approval of a massive gravel mining operation called the Syar Alexander Valley Instream Mining Project. The mining will take place on a 6.5-mile stretch of river located in the lower Alexander Valley near the town of Geyserville and is the first mining project of significance in the lower Alexander Valley in more than 10 years.
|East Coast River Herring and Shad Protection Efforts Challenged||Earthjustice is representing commercial and recreational fishermen in challenging two government agencies for failing to protect river herring and shad from being caught and killed by Atlantic industrial fisheries. The lawsuit challenges the National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission for failure to conserve and manage river herring and shad populations under the Magnuson-Stevens Act and the Atlantic Coast Fisheries Cooperative Management Act, which were put in place to prevent overfishing, rebuild depleted stocks, establish annual catch limits and accountability measures and minimize bycatch.|
|Alaska Cruise Ship Wastewater Pollution Permit Challenge||Earthjustice is representing the Campaign to Safeguard America’s Waters, a project of Earth Island Institute, and Friends of the Earth in challenging the Alaska Department of Environmental Conservation’s decision to grant the permit that authorizes cruise ships to continue dumping pollutants without meeting the standards required by law.|
|Ingredients in Gulf Oil Dispersants Challenged||Earthjustice is representing the Gulf Restoration Network and the Florida Wildlife Federation in challenging the U.S. Environmental Protection Agency for its failure to reveal the secret ingredients in chemical dispersants that the agency has deemed eligible for use in oil spills.|
|Na Wai Eha Treatment Plant Environmental Impact Statement||Earthjustice filed a lawsuit on behalf of Maui community groups Hui o Na Wai 'Eha and Maui Tomorrow Foundation challenging plans by Alexander & Baldwin, Inc. (A&B) to build a water treatment plant that would take contested stream flows from several Na Wai 'Eha streams, "the Four Great Waters" of Waihe'e River and Waiehu, 'Iao, and Waikapu streams on Maui, so that A&B can supply the treated water to its development projects and also sell it to Maui County. The proposal would redirect nine million gallons per day of diverted stream flows that A&B has claimed is essential for its Hawaiian Commercial & Sugar (HC&S) plantation and instead use it for A&B's land and water development plans.|
|BP Oil Spill Plan Challenge||
Earthjustice is representing the Gulf Restoration Network and the Sierra Club in challenging the U.S. Minerals Management Service (MMS) arbitrary approval of BP's oil spill clean-up plan. In its spill plan, BP claimed it could contain any possible spill by vacuuming up over 20 million gallons of oil per day. BP's actual recovery rate since the Deepwater Horizon explosion has turned out to be about two percent of that.
|Offshore Oil Drilling in the Gulf of Mexico||
Earthjustice is representing the Gulf Restoration Network and the Sierra Club in challenging the U.S. Minerals Management Service (MMS) for its policy put forth in a notice to the oil companies drilling in the Gulf of Mexico; in its notice, MMS exempts those companies from being required to disclose in their exploratory plans a blow-out scenario, and a worst case scenario as required by law. The blow-out scenario and worst case scenario, if included, would disclose scenarios for a potential blow-out, including the maximum volume of oil that would be released, the maximum flow-rate of the oil, the maximum duration of the blow-out, and the estimated time it would take to contain such an oil spill.
|Pacific Fisher: Warranted, But Precluded||
A close relative of the mink, otter, and wolverine, the Pacific fisher (Martes pennanti) once roamed the old-growth forests of the West Coast from Washington state to the Sierra Nevada. As with many other predatory species, however, fisher populations have declined dramatically in recent decades due to trapping, logging, farming, and fire. Survey information indicates that the fisher is likely extirpated from all of Washington, most of Oregon, and at least half of its range in the Sierra Nevada. The California population has been divided into two remnant populations, one in the northwestern part of the state and another small group in the southern Sierra Nevada believed to contain fewer than 500 individuals.
|Tongass Roadless Exemption||In 2009, a diverse coalition of Alaska Native, tourism industry, and environmental organizations challenged the Bush administration's 2003 rule "temporarily" exempting southeast Alaska's Tongass National Forest—the nation's largest and wildest—from the landmark 2001 Roadless Area Conservation Rule.|