|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.|
|Salmon-Challis National Forest Travel Management Plan||
The Salmon-Challis National Forest (SCNF) is located in east-central Idaho and covers some 4.3 million acres. It includes within its boundaries the Frank Church-River of No Return Wilderness Area, the largest wilderness area in the continental United States, as well as the Wild & Scenic Salmon River and the Middle Fork of the Salmon River. Even outside these protected areas, over a million acres of the Forest is wild, undeveloped, and roadless. Consequently, the SCNF is home to miles of pristine salmon streams and abundant and diverse wildlife. It is a unique and irreplaceable refuge for many species and for people who seek the untrammeled solitude of wild places.
|Kaua'i Seabirds Threatened by KIUC Powerlines & Structures||
For decades, endangered Hawaiian petrels and threatened Newell's shearwaters have been killed and injured by flying into power lines and associated structures owned and operated by Kaua'i Island Utility Cooperative (KIUC). KIUC's own estimate is that it currently kills nearly 200 listed seabirds per year, without coverage under an incidental take permit in violation of the Endangered Species Act. The illegal operations of KIUC and its predecessor, Kaua'i Electric, have killed thousands of imperiled seabirds over the years and bear substantial responsibility for the crash in the Newell's shearwater population on Kaua'i, where the bulk of the species is found and where bird numbers have declined by 75% in only the past fifteen years.
|Western Arctic Oil & Gas Drilling||
Outside of the industrialized oil fields of Prudhoe Bay, vast areas of relatively untouched wildlife habitat remain in Alaska's Western Arctic. This region includes the 23-million acre National Petroleum Reserve-Alaska, the largest unprotected block of land in the federal land system. The Reserve consists of varied ecosystems and habitats, from coastal lagoons to Arctic tundra and rugged mountains, supporting large populations of caribou, polar and grizzly bears, wolves, fish, and migratory birds. It is also home for Teshekpuk Lake, one of the most important and sensitive wetland complexes in the circumpolar Arctic.
|Fueling the Fire: Shell's Oil Drilling in the Arctic Ocean||Alaska's Arctic Ocean has been under constant pressure in recent years as a rapidly warming climate continues to melt the sea ice that for millennia has supported Arctic species—polar bear, Pacific walrus, seals and whales—and the associated Alaska native cultures in the Beaufort and Chukchi seas.|
|Seminole Power Plant||
Earthjustice is opposed to the construction of new coal plants because of the growing crisis of global warming and because they are the dirtiest way of generating electricity. Coal fired power plants are an extremely polluting antiquated technology and the Seminole Electric plant would pollute the air a lot more than older coal power plants of similar size. The permit didn't meet the Clean Air Act requirements.
|Gas Drilling Wastewater in the Monongahela River||
There is a gas rush in Pennsylvania. The PA Department of Environmental Protection ("DEP") issued more than 1,300 permits for gas drilling in the Marcellus Shale this year, up from 97 in 2007. Extracting gas from the shale involves the use of toxic drilling muds and a stimulation process known as "hydraulic fracturing," whereby millions of gallons of water and toxic chemicals are pumped at high pressure into horizontal wells to break up low-permeability rock and release trapped gas. About half of the injected fluids are recovered, along with high levels of total dissolved solids ("TDS"), heavy metals, and normally occurring radioactive materials that leach out of underground formations. The wastes from drilling muds, hydraulic fracturing fluids, and brines that emerge during the production phase cannot be discharged safely into the waters of the Commonwealth without extensive treatment.
|Badger-Two Medicine Travel Plan Intervention||
The Badger-Two Medicine region represents 130,000 acres of National Forest land located in Montana's Rocky Mountain Front -- where the eastern slope of the Rockies meets the Great Plains -- and sandwiched between the south boundary of Glacier National Park and the Great Bear and Bob Marshall Wilderness Areas. Located amidst some of our nation's most impressive wildlands, the Badger-Two Medicine hosts numerous rare and sensitive wildlife species, including grizzly bears, wolves, lynx, wolverines, bighorn sheep, elk, and mountain goats. It also constitutes a land of special cultural importance to the Blackfeet Tribe, whose reservation it borders. The region is also almost entirely unroaded, presenting a de facto wilderness occupying a critical wildlife movement corridor along the eastern Rocky Mountain Front.
|Utah Resource Management Plans and Lease Sale Challenge||
In late 2008, the Bush administration attempted to cement its pro-development philosophy in the BLM's land management plans applicable to Utah's public lands for decades to come. These public lands include areas adjacent to Arches and Canyonlands National Parks, Dinosaur National Monument, and Ninemile and Desolation Canyons. The development authorized under these plans will have severe impacts on wildlife, rivers and streams, cultural resources, and air quality in some of Utah's most spectacular places.
On behalf of several conservation groups, Earthjustice filed suit in December 2008. In January 2009, Earthjustice obtained a temporary restraining order prohibiting BLM from finalizing the Utah leases until after the change in administrations in Washington. Once Obama took office, Secretary of the Interior Ken Salazar announced that BLM would not finalize the leases, but would conduct additional environmental analysis.
In October 2009, Salazar announced that eight of 77 oil and gas lease parcels sold during a December auction in the waning hours of the Bush administration will be off-limits to drilling. Earthjustice continues to challenge plans to open an additional 2 millions acres of Utah public lands to oil and gas development.
|TransAlta Coal Plant Permit||
In the fight against coal plants, most progress by the environmental community in recent years has been to stop new plants or large new expansions, in part because old plants often have the benefit of "grandfather" type provisions in the law. That has left many old, very dirty coal power plants chugging away, belching huge quantities of global warming pollutants and other air pollutants. Earthjustice and several client groups have decided to take a run at changing that.
A subsidiary of TransAlta Corporation, a Canadian company, owns an old, dirty coal power plant in Centralia, Washington. The plant has never had to control mercury (a potent neuro-toxin) or global warming pollutants. That makes it the largest source of these pollutants in the state -- 10% of Washington's total greenhouse gas emissions come from just this one coal plant. The TransAlta coal plant also emits huge quantities of nitrogen oxides (NOx) -- a pollutant that is causing haze pollution to dirty the air of what should be our most pristine areas: national parks and wilderness areas. The TransAlta plant degrades the air quality in Mt. Rainier, Olympic and North Cascades National Parks along with Goat Rocks and Mt. Adams wilderness areas, among others. The National Park Service estimates that the TransAlta plant cumulatively pollutes the air in more parks and wilderness areas than any other polluter in the entire United States. Yet, TransAlta continues to fight putting adequate controls on its NOx pollution saying it just doesn't want to spend the money.
We disagree with TransAlta's balance sheet mentality. We think clean air, public health, and doing something now about the dangers of global warming is priceless and necessary for our kids and grandkids. Therefore, Earthjustice, on behalf of the Sierra Club, the National Parks Conservation Association, and the Northwest Environmental Defense Center, has filed suit challenging renewal of TransAlta's air permit for its complete failure to control mercury and global warming pollutants from the plant and for its failure to put the best controls available on NOx pollution that is harming parks and wilderness areas.
|Makua Environmental Impact Statement||In October 2001, Earthjustice reached a settlement agreement with the U.S. Army that requires the Army to prepare an environmental impact statement (EIS) for its proposed resumption of live-fire training at Makua Military Reservation (MMR) on Oahu, a culturally and ecologically important area, with scores of Hawaiian cultural sites and nearly fifty endangered plants and animals threatened by training.|
|Hawai'i Clean Energy Planning Framework||
Earthjustice is representing the Hawai'i Solar Energy Association, the statewide solar industry association, in proceedings before the Hawai'i Public Utilities Commission regarding the state electric utilities' proposed framework for energy planning, which will direct state energy development and use for decades to come. Earthjustice is seeking to ensure that the final approved framework best serves the public interest in maximum growth and distribution of clean energy.
|Canada Lynx Critical Habitat Intervention||The Canada lynx is a secretive forest cat that needs big, wild landscapes to survive. In February 2009, the U.S. Fish and Wildlife Service acted to conserve this rare species by designating 39,000 square miles of forest land as critical habitat for the lynx pursuant to the Endangered Species Act. The critical habitat designation, which encompasses lands in Washington, Idaho, Montana, Wyoming, Minnesota, and Maine, allows the Service to protect lynx from harmful activities within areas that are crucial for the species' survival and recovery.|