University of Alaska Lands 04/23/07

This case challenges the constitutionality of Alaska state legislation, passed in 2005, that grants over 250,000 acres of state public domain lands to the University of Alaska. Because the University has an obligation to maximize revenues from the land, the legislation exposes these environmentally and economically significant lands to intensive development.

In March 2009, the Alaska Supreme Court ruled that the legislation is unconstitutional and ordered that any land that has already been conveyed to the University must be returned to the state along with any proceeds received from the land. The decision protects important habitat and community use areas from development, keeping these lands in the public domain.

Genetically Engineered Sugar Beets 03/10/07

The genetic engineering of our agricultural products has created serious environmental problems and numerous questions about health and safety. The great majority of genetically engineered ("GE") crops are engineered to be resistant to a specific weed killer, glyphosate (known commercially as "Roundup," owned and marketed by Monsanto). These crops, known as "Roundup Ready," allow farmers to apply large quantities of glyphosate to their fields without harming the crop, but this practice accelerates the evolution of herbicide-resistant "superweeds." Farmers then apply greater and greater quantities of Roundup to try to kill these weeds, and when this fails, they use even more toxic herbicides. Also, the GE crops themselves can cross-pollinate or become mixed with other related crops nearby, contaminating their conventional or organic counterparts.

The U.S. Department of Agriculture, through its Animal and Plant Health Inspection Service, approved for commercial production genetically modified sugar beets without assessing the environmental, health, and economic impacts of these Roundup Ready beets, to the dismay of organic farmers, conservationists, and food-safety experts.

Earthjustice sued the USDA on behalf of organic seed producers and conservationists to get the deregulation of genetically-modified beets reversed until a full environmental impact statement is performed. In September 2009, the court agreed the USDA had violated the law and must prepare an EIS. Earthjustice is now seeking an injunction to stop further production of the sugar beets in the meantime.

Northern Spotted Owl Critical Habitat 02/20/07

Northern Spotted Owl

Photo: NPS

The Fish and Wildlife Service approved several timber sales in areas nominally protected as critical habitat for the northern spotted owl. Earthjustice sued to stop the sales. In February 2007, the Ninth Circuit Court of appeals ruled that the FWS violated the Endangered Species Act when it approved the sales.

Inyo County RS 2477 Quiet Title Act Intervention 01/18/07

Desert tortoise

Photo: NPS

Earthjustice intervened in a case to defend designated national park wilderness in Death Valley from being opened to highway construction and vehicle use.

Glamis Gold Open Pit Mines in California Desert 11/07/06

In 2001, Clinton Interior Secretary Bruce Babbitt refused to approve the mining plan of Glamis Gold, a Canadian mining company, because it would have destroyed the sacred tribal lands. California later passed a law requiring open pit mines to be refilled after mining was completed, a process the company argues is too expensive to make the mine profitable. The Bush administration reversed the Babbitt decision, but still hasn't issued the necessary permits. The California reclamation law is still on the books. However, the company claims the California law and the Babbitt denial violate NAFTA, which provides special protection for the profits of foreign companies. In October, 2006, Earthjustice filed an amicus submission on behalf of Sierra Club and Earthworks opposing Glamis' claims.

Boilers: New Source Performance Standards 10/26/06

Earthjustice is challenging the EPA's new source performance standards (NSPS) for steam generating units at coal-fired power plants and other industrial, commercial, and institutional facilities.  

Challenging EPA's Emission Standards for Dry Cleaners 09/21/06

Dry cleaners use perchloroethylene, or PCE, a dangerous chemical that can cause cancer in humans and damage the liver, kidneys, and central nervous system.  EPA adopted a rule that will allow dry cleaners to continue using this toxic pollutant, even though many cleaners have already switched to safer, cleaner, viable technologies that do not use PCE. 

Juneau Access 08/16/06

This suit challenges the approval of a highway project that would extend the road north of Juneau, Alaska, through an inventoried roadless area in the Tongass National Forest to a new ferry terminal. The road threatens key wildlife areas, including bald eagle and Steller sea lion habitat, as well as important recreation, subsistence, and cultural resources.

In February 2009, an Alaska District Court Judge ruled that the Federal Highway Administration and the Alaska Department of Transportation failed to adequately consider ferry alternatives in approving the Juneau Road and ferry mega-project. The decision stops all construction on the project until the Alaska Department of Transportation and Federal Highway Administration can do a new environmental impact statement that includes ferry alternatives in considering the best option for travel in Lynn Canal.

Startup, Shutdown, and Malfunction (SSM) Reconsideration 06/20/06

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 exempt 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 does not require plants to comply with their plan and allows the plan to be kept secret from the public. Earthjustice is challenging these rules in the D.C. Circuit.

Wyoming Elk Feedgrounds 03/02/06

WY Game & Fish Department staff taking blood sample from elk to test for brucellosis

Photo by Price Chambers

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.

Health Trade Advisory Committees 02/02/06

Lawsuit demanding that corporate interests be balanced with public interest representation on committees that advise the US Trade Representative on trade policies affecting public health.

Lake Whatcom Public Trust 12/29/05

Earthjustice is intervening in a case in Washington State to protect public trust lands and an important watershed, and to balance the economic needs of the timber industry with the needs of the public for water quality, safety, and other environmental values.