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Our Cases
County Line Timber Sale

Forest Guardians and several nearby landowners are challenging a back-country timber sale adjacent to a wilderness area in southwestern Colorado that would ruin an area prized by hunters, fishermen, hikers, and mountain bikers.
Startup, Shutdown, and Malfunction (SSM) Reconsideration

Toxic air pollution from refineries, chemical plants, incinerators and other large industrial plants can increase to as much as ten times allowable levels during startup, shutdown, and malfunction events. Nonetheless, EPA's regulations exempted plants from toxic emission limits during these periods. Moreover, though EPA requires plant operators to prepare a plan for minimizing emissions during these highly polluting periods, EPA did not require plants to comply with their plan and allowed the plan to be kept secret from the public.

In December of 2008, as a result of this lawsuit, this loophole was closed by a federal court. Industry groups appealed the decision, and in March 2010, the U.S. Supreme Court refused to review the case, effectively ending litigation.
Teck Cominco/Lake Roosevelt

Teck Cominco Metals operates a smelter ten miles north of the US-Canada border. This smelter has contaminated Lake Roosevelt, in Washington State, and parts of the Upper Columbia River with toxic heavy metals. Earthjustice filed a "friend of the Court" brief in support of the Colville Tribe to enforce an order issued to Teck Cominco to study and assess the pollution.
Wyoming Elk Feedgrounds

The state of Wyoming operates 23 winter feedgrounds for elk, many of them on federal lands. These feedgrounds artificially concentrate elk populations, which fuels the spread of diseases such as brucellosis and creates the prospect of a major chronic wasting disease epidemic. Conservationists sued to compel long overdue environmental analysis of alternatives to elk-feeding in Wyoming.

In July 2009 the 10th Circuit Court of Appeal ruled that the four elk feed grounds on land managed by the Bureau of Land Management are exempt from a new environmental impacts analysis, due to an old memorandum of understanding agreed to by the BLM and the state of Wyoming. However, as a result of this lawsuit, the U.S. Forest Service prepared an environmental impact statement examining the impacts of feed grounds within the Bridger-Teton National Forest.

Pesticide Testing on Humans

The EPA issued a rule on pesticide testing on humans that favors the chemical industry and does not meet the scientific and ethical standards recommended by the National Academy of Sciences and outlined by the Nuremberg Code after World War II.

In June 2010, the EPA settled this lawsuit and agreed to propose a new rule that would significantly strengthen scientific and ethical protections for tests of pesticides on humans. Under this agreement, a proposed rule must be issued for public comment by January 2011. The settlement still requires court action to become effective.
PM-10 Contingency Measures This deadline suit seeks to compel EPA to act on the contingency measures in the San Joaquin Valley Air District's PM-10 plan. Contingency measures are required under the federal Clean Air Act as a backstop to protect public health should the Valley fail to meet major milestones in cleaning up particulate matter pollution. The EPA has yet to approve a set of contingency measures for the Valley and the plan is long overdue.
New Source Review Equipment Replacement Loophole When power plants and other major facilities make emissions-increasing changes, the Clean Air Act requires them to protect air quality and apply up-to-date pollution controls. Earthjustice went to court to challenge an EPA rule that carves out a major loophole in this requirement. On April 2, 2007, the Supreme Court ruled that the Clean Air Act does require older power plants to have current air pollution controls when they are upgraded.
ORV Use in National Park Creek Bed Salt Creek, one of the most important streams in Canyonlands National Park, is threatened by San Juan County's R.S. 2477 claim.
Colorado River Cutthroat Trout The Colorado River cutthroat trout, once abundant throughout its range, has been nearly wiped out by dams, diversions, and other human-caused impacts. Earthjustice has filed suit to force the Fish and Wildlife Service to grant Endangered Species Act to the species. In September 2006, a federal judge ruled that the FWS must give the species a thorough evaluation.
Honolulu Irradiator Earthjustice has been fighting to ensure adequate environmental review by the Nuclear Regulatory Commission of an application to build a Cobalt-60 irradiator to treat fruit and vegetables for fruit flies at a site located in a tsunami evacuation zone and near active runways at the Honolulu International Airport, residential neighborhoods and schools.
Biopharm Algae The State of Hawai'i's Board of Agriculture approved a permit to allow the importation of algae genetically engineered to produce drugs on the Kona coast of the Big Island. Earthjustice sued, and the Court has ordered that the Board's approval without a review of potential environmental impacts of the project was invalid.
Stream and Wetland Protection Rule Industry groups challenged a rule issued by the Army Corps of Engineers and the Environmental Protection Agency, designed to protect rivers, streams, wetlands and other waters from destructive discharges of dredged material. Earthjustice intervened to oppose the industry challenge. In February 2008, the dismissed the appeal by the industry groups.
Streams & Wetlands Threatened by Industry Suit Oil industry groups have sued the Environmental Protection Agency in an attempt to greatly weaken regulations designed to prevent oil spills into United States waters. Earthjustice has intervened to oppose the industry challenge.
Streams and Wetlands: Nationwide Permits Industry groups have sued to further weaken nationwide permits that already allow excessive dredging and filling wetlands throughout the country. Earthjustice intervened to oppose the industry challenge. On September 29, 2006, a federal court dismissed the case.
Mountaintop Removal in West Virginia

Mountaintop removal is one of the most environmentally destructive activities in the country. The Army Corps of Engineers has issued permits for four mines that will dump millions of tons of rock and debris into nearby streams and valleys, burying them forever. The permits were issued without the required environmental studies and impact statements. On March 23, 2007, a federal judge agreed and rescinded the permits.

In February 2008, the Fourth Circuit Court of Appeals reversed the ruling by the judge. Earthjustice requested a rehearing by the full court, which denied the petition. Earthjustice has asked the Supreme Court to review the case.