|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.|
|Air Pollution Loophole Challenge||Earthjustice is representing Sierra Club, Montanans Against Toxic Burning, Huron Environmental Activist League and Downwinders at Risk in challenging an egregious air pollution loophole supported by the U.S. Environmental Protection Agency. The suit disputes the Obama EPA's unprecedented assertion that burning industrial solid waste as a fuel—akin to coal or natural gas—is a form of recycling, and therefore not subject to key provisions of the Clean Air Act that protect people from the harmful air emissions that result.|
|Gulf Deep Water Oil Drilling Challenge||
Earthjustice is representing the Sierra Club, the Gulf Restoration Network and the Florida Wildlife Federation in challenging the federal government’s flawed environmental risk assessment of Shell Oil Company’s plan to drill for oil in deep Gulf of Mexico water near the site of BP’s catastrophic 2010 well blowout. The suit alleges that the government’s calculations grossly understate the blow-out risk and that Shell’s drilling plan places communities at risk of another major oil spill along the Louisiana, Mississippi, Alabama and Florida coasts.
|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.|
|State Department’s Refusal to Disclose Tar Sands Communications Challenge||
Earthjustice is representing environmental and ethics groups in challenging the State Department’s refusal to disclose communication records with a lobbyist for TransCanada Pipelines, Paul Elliott, who was previously a presidential campaign manager for Secretary of State Hillary Clinton. Disclosure of these communications may reveal improprieties in the State Department’s decision-making with respect to TransCanada’s Keystone XL pipeline that would transport tar sands crude oil to from Alberta, Canada to US refineries in the Gulf of Mexico.
|Genetically Engineered Alfalfa Challenge||
Earthjustice is representing a diverse coalition of conventional and organic farmers, dairies and agricultural associations, and environmental and consumer groups in challenging the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service’s decision to deregulate a variety of alfalfa genetically engineered to tolerate exposure to the herbicide glyphosate. Earthjustice, together with the Center for Food Safety, is challenging the deregulation under the National Environmental Policy Act, the Plant Protection Act, and the Endangered Species Act.
|Washington State Building Code Intervention||
In February 2011, a federal court upheld Washington’s 2009 building energy code in a victory for conservation and energy groups. Buildings are responsible for 40% of our nation’s total energy use, and constructing energy-efficient new buildings helps reduce energy use and homeowners’ energy bills.
|New Jersey Transmission Line Challenge||In 2011, Earthjustice represented clean energy advocates in asking the New Jersey Board of Public Utilities to reconsider a decision it made approving construction of a high-voltage electrical transmission line that would run from Berwick, Pennsylvania to Roseland, New Jersey. In 2012, Earthjustice is representing a coalition of national, regional and local conservation groups in New Jersey and Pennsylvania in federal court, challenging the approval by the National Park Service of a supersized transmission line that would cut through three popular national parks.|
|Sale of Four Corners Coal-Fired Power Plant Challenged||Earthjustice intervened in two California Public Utilities Commission (CPUC) proceedings on behalf of the Sierra Club, challenging actions taken by Southern California Edison (SCE) to extend the operating life of two highly polluting coal burning electrical generators in New Mexico.|
|Mississippi Coal Plant Challenge||Earthjustice is representing the Sierra Club in challenging the Department of Energy's investment in a proposed multi-billion dollar coal plant and strip mine in Kemper County, Mississippi without proper environmental review.|
|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.
|Otter Creek Coal Strip Mine Challenged||
Earthjustice is representing the Montana Environmental Information Center and Sierra Club in challenging a massive new coal strip mine in southeastern Montana. The lawsuit alleges that the state's decision to lease 572 million tons of coal for mining, without first examining the potentially devastating environmental consequences of the mine, violated the state's constitutional and fiduciary obligation to prevent unreasonable environmental degradation.