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Our Cases

North Boundary Bison Intervention

Bison are the only native wildlife species still unnaturally confined to the political boundaries of Yellowstone National Park for any part of the year. As recently as 2008, more than 1,400 bison—about one-third of the current size of Yellowstone’s bison population—were captured and slaughtered by government agencies while leaving Yellowstone in search of food. Earthjustice, on behalf of the Bear Creek Council, Greater Yellowstone Coalition, and Natural Resources Defense Council, is defending a Montana state policy allowing wild bison room to roam outside the northern boundary of Yellowstone National Park.

Protecting Lake Tahoe from a Massive Ski Resort Expansion

In a move to protect the environmental quality of a lake known for its natural beauty, community members and conservationists asked a federal court to reject an inadequate Environmental Impact Report and to stop the construction of a 325-unit complex along California’s scenic west shore of Lake Tahoe. Earthjustice is representing the Sierra Club, as well as Friends of the West Shore, a grassroots community organization representing more than 500 members from the California side of Lake Tahoe.

Protecting Endangered Caribbean Corals from Overfishing Earthjustice is representing the Center for Biological Diversity in a lawsuit seeking greater protections from fishing for threatened coral reefs in the Caribbean.
Protecting Endangered Sea Turtles, Rare Albatross from the Longline Swordfish Fishery Conservation groups, represented by Earthjustice, filed a lawsuit in federal district court challenging a new rule by the National Marine Fisheries Service that doubles the number of endangered sea turtles allowed to be entangled and killed by Hawaiʻi’s longline swordfish fishery. The suit, brought under the Endangered Species Act and other federal environmental laws, aims to stop the Fisheries Service from allowing the fishery to cause the deaths of far too many endangered loggerhead and leatherback sea turtles, as well as migratory seabirds.
Protecting Hawai'i’s Reef Ecosystems from the Aquarium Trade Citizens and conservation groups took legal action today to require the Hawaiʻi Department of Land and Natural Resources to protect Hawaiʻi’s reefs and coastal areas from unlimited collection of fish and other wildlife for the aquarium trade. Specifically, the groups are asking DLNR to conduct environmental reviews—including an examination of cumulative damage to the state’s reefs—before granting permits that allow unlimited aquarium collection of marine wildlife in coastal waters.
Minnesota Haze Challenge

Clean air groups are appealing the EPA’s decision to approve a significant portion of Minnesota’s Regional Haze State Implementation Plan—a weak approach that will not result in cleaning up dirty coal-fired plant pollution.

Chemical Oil Dispersant Rulemaking Earthjustice is representing a coalition of conservation, wildlife and public health groups in the Gulf region and in Alaska in a citizen suit under the provisions of the federal Clean Water Act to compel the U.S. Environmental Protection Agency to issue a rule on chemical oil dispersants. EPA’s current rules—which during the 2010 Gulf oil disaster failed to ensure that dispersants would be used safely—do not fulfill the requirements mandated by the Clean Water Act. Currently, regulations dictating dispersants eligible for use in oil spills require minimal toxicity testing and no threshold for safety.
Challenging Weak Regulations to Clean Up Haze in National Parks Earthjustice, on behalf of the National Parks Conservation Association and the Sierra Club, has filed a lawsuit against the U.S. Environmental Protection Agency to force the clean-up of polluting coal plants that degrade visibility and harm human health in national parks, wilderness areas, and other public lands.
Shell’s Oil Spill Response Plans Earthjustice is representing several clients to challenge the federal government’s approval of Shell Oil’s oil spill response plans for the Arctic Ocean. Earthjustice brought the challenge in the Alaska District Court in July 2012. The lawsuit focuses on two spill plans—the Beaufort and Chukchi Seas spill plans—but ultimately it addresses requirements that apply nationwide.
Legal Fight For Long Overdue Coal Ash Protections

Every day, power plants generate over 400,000 tons of toxic coal ash. Most of this waste, which is filled with arsenic, mercury, lead, selenium, cadmium and other pollutants that cause cancer and more, is simply dumped into unlined and unmonitored landfills and ponds. On behalf of 11 national and local environmental and public health groups, Earthjustice is suing the federal government to set a deadline to adopt federal coal ash protections.

Grand Canyon Uranium Mining

Earthjustice has intervened to defend the U.S. Department of the Interior’s 20-year ban on new uranium mining claims across 1 million acres of public lands adjacent to the Grand Canyon.

Idaho Clean Water Protections

Earthjustice is challenging the U.S. Environmental Protection Agency’s approval of weak Idaho state water pollution rules that don’t adequately protect Idaho’s cleanest rivers, lakes and streams including cold-water streams that support native trout. These are waters that are the cleanest and best suited to support fisheries and recreation.

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.