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document April 15, 2019

Legal Document: Groups Sue Trump’s EPA for Coke Oven Cancer Pollution

Earthjustice, on behalf of Citizens for Pennsylvania’s Future, Gasp, Louisiana Bucket Brigade, and Sierra Club, sued the U.S. Environmental Protection Agency for improperly regulating coke ovens — producers of known carcinogens — thus failing to protect communities throughout the country. Over a decade ago, EPA found that carcinogenic emissions from coke ovens destroy air quality and cause devastating health complications, yet plaintiffs in the case argue the agency failed to act to protect nearby communities from this threat.

document April 12, 2019

2015 ELG Rule Opinion

Steam-electric power plants generate most of the electricity used in our nation and, sadly, an unhealthy share of the pollution discharged into our nation’s waters. To control this pollution, the Clean Water Act, 33 U.S.C. § 1251 et seq., empowers the Environmental Protection Agency to promulgate and enforce rules known as “effluent limitation guidelines” or “ELGs.”

document April 10, 2019

Complaint for Declaratory and Injunctive Relief: Rosemont Mining Company

The Tohono O’odham Nation; Pascua Yaqui Tribe; and Hopi Tribe are filing a complaint against the U.S. Army Corps of Engineers in re: the proposed Rosemont Mining Company's plans to excavate a mile-wide, half-mile deep pit to extract copper — a proposal that would spell the permanent devastation of this important center of Native American cultural and religious life, degrade the
Cienega Creek watershed, and destroy an intricate network of drainages containing some of the highest quality streams and wetland ecosystems in Arizona.

document April 5, 2019

Opposition to the Re-Nomination of Patrick Wyrick as United States District Judge for the Western District of Oklahoma

Earthjustice opposes the confirmation of Patrick Robert Wyrick to a lifetime seat on the United States District Court for the Western District of Oklahoma. We urge senators to oppose Mr. Wyrick’s nomination.

document April 5, 2019

Protest: Sierra Club before CA PUC re: Sempra Utilities’ Biomethane Tariff Application

Sierra Club submits this protest before the California Public Utilities Commission identifying potential issues raised by the Sempra Utilities’ application for authority to offer a voluntary Renewable Natural Gas Tariff.

document April 2, 2019

Notice of Intent to Sue Atlantic Highly Migratory Species Fishery Management Plan

On behalf of Defenders of Wildlife and the Center for Biological Diversity, we write to notify you of violations of section 7 of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536, in connection with the National Marine Fisheries Service’s (“NMFS”) failure to reinitiate and complete consultations regarding the effects of its continued authorization of fisheries managed under the Atlantic Highly Migratory Species Fishery Management Plan (“HMS FMP”) on the oceanic whitetip shark and the giant manta ray. By failing to complete consultation, NMFS is failing to ensure that its activities do not jeopardize the continued existence of these species. Complying with the section 7 duty is particularly critical for these two species because NMFS has not extended substantive protections to the shark or manta ray under section 4(d) of the ESA.

document April 2, 2019

Illinois Pollution Control Board Vermilion Plant Coal Ash Lawsuit

Dynegy, through its disposal and storage of coal ash at the Vermilion Power Station, has discharged contaminants into the environment and the Middle Fork and thereby caused, and continues to cause, water pollution in violation of 415 ILCS 5/12(a).

document April 2, 2019

Legal Document: Federal Judge Upholds Expansion of Ecological Wonder Cascade-Siskiyou National Monument

A federal judge rejects Murphy Timber’s challenge to President Obama’s expansion of Cascade-Siskiyou National Monument in 2017. The judge rules there was no dispute that President Obama acted within his authority when expanding the national monument and that there was no irreconcilable conflict between the Antiquities Act and the Oregon and California Lands Act.

document March 29, 2019

ORDER: Judge Strikes Down Trump’s Order to Undo Drilling Protections for Arctic, Atlantic

Ruling restores offshore leasing ban, protects areas from dangerous drill rigs

document March 27, 2019

Fighting for Real Justice: A report on access to justice

This report examines actions of the Trump administration and Congress that threaten people’s ability to have their day in court. Earthjustice stands united with allies from other sectors and movements against any attempts to block the courthouse doors, because every person in America deserves access to justice.

document March 18, 2019

Legal Document: Conservationists Sue U.S. Fish And Wildlife Service Over Long-Overdue Plan To Prevent Chronic Wasting Disease At National Elk Refuge

A conservation coalition filed a lawsuit against the U.S. Fish and Wildlife Service, asking a judge to order the agency to issue a long-overdue plan to phase out elk feeding on the Jackson Hole National Elk Refuge. The outdated and unnecessary practice of supplemental feeding threatens to accelerate the spread of wildlife diseases — including lethal chronic wasting disease, which was detected for the first time in November in Grand Teton National Park adjacent to the Refuge.

document March 15, 2019

Motion to Intervene: Louisiana Group Defends Coast Guard Actions to Stop 14-Year Taylor Energy Oil Spill

Earthjustice on behalf of Healthy Gulf (formerly Gulf Restoration Network) moved to intervene in a suit to defend the Coast Guard’s actions to contain the ongoing Taylor Energy oil spill against Taylor’s lawsuit trying to block Coast Guard led spill control efforts. The spill from the Taylor Energy platform has been dumping thousands of gallons of oil a day into the Gulf of Mexico for more than 14 years. This is the longest oil spill in U.S. history.

document March 15, 2019

Motion for Summary Judgment: Oklahoma Coal Ash Program Challenge

Waterkeeper Alliance, Inc., LEAD Agency, Inc., and Sierra Club respectfully submit this motion seeking summary judgment on all claims. This case is about U.S. EPA’s first-ever approval of a state permit program to regulate the disposal of coal combustion residuals.

document March 14, 2019

Complaint for Declaratory and Injunctive Relief: Border Wall Emergency Declaration

The Rio Grande International Study Center, Ramiro R. Ramirez, the Carrizo/Comecrudo Nation of Texas, Elsa Hull, the Labor Council for Latin American Advancement, California Wildlife Coalition, and GreenLatinos bring action seeking relief from the President’s unlawful declaration of a national emergency and accompanying actions unlawfully diverting funding to construct a wall at the United States-Mexico border.

document March 14, 2019

Comments Opposing EPA’s Proposed Registration Decision for the New Use of the Active Ingredient Streptomycin Sulfate on Citrus Crop Group 10-10 (Docket # EPA-HQ-OPP-2016-0067; EPA Reg. No. 71185-4, 80990-3, 80990-4)

Filed by Earthjustice on behalf of Farmworker Association of Florida, Farmworker Justice, Migrant Clinicians Network, and Environmental Confederation of Southwest Florida.

document March 13, 2019

Complaint: Lawsuit Challenges Trump Administration’s Vast Expansion of Gulf Oil, Gas Leasing

Offshore drilling across 78 million acres would ramp up risks to communities, wildlife. The lawsuit, filed by Earthjustice on behalf of Healthy Gulf (f.k.a. Gulf Restoration Network), the Sierra Club, and the Center for Biological Diversity, follows the Department of the Interior’s announcement that it will hold its next lease sale on March 20.

document March 13, 2019

D.C. Circuit Court Order: Granting EPA Motion to Remand

Ordered that that the motion for voluntary remand without vacatur be granted and the motion for partial stay and expedited consideration or partial summary vacatur be denied.

document March 12, 2019

Court Ruling on Motion to Dismiss: Manufactured Housing Efficiency Standards

The U.S. District Court for the District of Columbia denies the U.S. Department of Energy’s motion to dismiss for lack of standing.