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document March 17, 2016

Interior Dept. Cancels Solenex Lease

Federal Defendants notify the Court that the BLM, with the concurrence of the Department of the Interior, has canceled the Lease.

document March 16, 2016

Earthjustice Rockies Report Spring 2016

The southern Rocky Mountains and Southwest are home to an array of majestic landscapes, from snow-capped peaks and lush forests to fantastically sculpted red rock canyons and austere desert.
Earthjustice’s Rocky Mountain office, based in Denver, is committed to defending this region’s remarkable natural heritage for generations to come. Our long-term efforts help protect these iconic western landscapes and the wildlife native to them from threats like roads, destructive off-road vehicle (ORV) use, and dirty fossil fuel development.

document March 11, 2016

Letter to EPA Administrator Cynthia Giles

On January 20, 2016, fieldworker employees of Syngenta Seeds, Inc. were exposed to pesticides and taken to Kaua‘i Veterans Memorial Hospital. Earthjustice, Farmworker Justice, Pesticide Action Network, Hawai‘i Alliance for Progressive Action, Hawai‘i SEED, Farmworker Association of Florida, and The MOM Hui are reporting the incident to your office and, for the reasons discussed below, ask that you ensure the incident is fully and properly investigated and that appropriate enforcement action is taken. We also ask that EPA consider this additional on the‐ground evidence as it moves forward with regulatory action on chlorpyrifos.

document March 9, 2016

ESA 60 day notice for CWA 404 Permit

Notice of Intent to Sue for violations of Endangered Species Act in connection with Clean Water Act Section 404 Permit No. 2003-00826-SDM

document March 9, 2016

Petition: Citizens Take Action To Increase Flows In Maui’s “Four Great Waters”

Maui community groups Hui o Nā Wai ʻEhā and Maui Tomorrow Foundation, represented by Earthjustice, filed a legal petition to the state Commission on Water Resource Management to increase the flows in Nā Wai ʻEhā—Maui’s “Four Great Waters” of Waiheʻe River, Waiehu Stream, Wailuku River, and Waikapū Stream—based on the recent announcement by Alexander & Baldwin, Inc. that it will shut down its Hawaiian Commercial & Sugar plantation by year’s end.

document March 9, 2016

Petition: Lawsuit Challenges Air Board’s Failure to Protect Southern California from Oil Refinery Pollution

Community and conservation groups have sued the South Coast Air Quality Management District for allowing L.A.-area oil refineries and power plants to continue spewing massive amounts of smog-forming pollutants, threatening the health of millions of people already breathing the nation’s dirtiest air.

document March 3, 2016

Memorandum of Points and Authorities in Support of Defendants’ Cross-Motion for Summary Judgment and Opposition to Plaintiff’s Motion for Summary Judgment

On March 17, 2016, the Secretary of the Interior (Secretary) cancelled a mineral lease held by Solenex LLC in an area of the Lewis and Clark National Forest where Congress has permanently withdrawn from mineral leasing and development. The Secretary explained that, although this
lease had issued before the ban went into effect, the lease had been invalid from its inception due to noncompliance with multiple federal laws. The Secretary reasoned that Congress’s subsequent leasing ban left her without discretion to correct deficiencies in the lease, and that even if she had discretion to do so, she would not exercise that discretion because mineral development on the subject land would irreparably harm irreplaceable natural and cultural resources. For the same reasons, and in the same decision, the Secretary also disapproved
Solenex’s Application for a Permit to Drill (“APD”).

document March 2, 2016

Complaint for Declaratory and Injunctive Relief_EPA Fish Consumption Standard

Plaintiffs Puget Soundkeeper Alliance, Center for Justice, RE Sources for
Sustainable Communities, Pacific Coast Federation of Fishermen’s Associations, and the Institute for Fisheries Resources bring suit under the Clean Water Act to secure relief against ongoing violations by the U.S. Environmental Protection Agency (“EPA”) of a non-discretionary
duty under the Clean Water Act to promulgate standards necessary to meet the requirements of
the Clean Water Act and to protect designated uses, including the consumption of fish.

document March 2, 2016

Motion for Summary Judgement_EPA Fish Consumption Standard

Waterkeepers Washington moves for summary judgment against Defendants U.S. Environmental Protection Agency and Administrator Gina McCarthy. EPA and the Administrator have failed to comply with the nondiscretionary obligation under 33 U.S.C. § 1313(c)(4) to promptly promulgate revised human health criteria based on an accurate fish consumption rate for Washington that adequately protects the fishable and swimmable uses required by the Clean Water Act. Waterkeepers Washington requests an order from the Court requiring EPA to finalize the proposed revised fish consumption rate and human health water quality standards for Washington within 30 days of the Court‟s order.

document February 29, 2016

Motion to Intervene Refinery Sector Risk Review and New Source Performance Standards

Earthjustice filed a motion to intervene to help defend the new refinery standards against attacks by the oil industry.

document February 25, 2016

Sign-on Letter Opposing S. 2446

Opposition to S. 2446, the “Improving Coal Combustion Residuals Regulation Act of 2016”

document February 24, 2016

Arizona Haze – Opinion – Victory

Ninth Circuit Upholds EPA Arizona Haze Plan

document February 24, 2016

Letter to DEC Commissioner Seggos re Environmental Justice Analysis for Global and Buckeye Title V Renewals

Request for Environmental Justice Analysis Regarding Renewal of Clean Air Act Title V Permits for Global and Buckeye Albany Terminals

document February 22, 2016

Complaint: World Logistics Center Initiative

40 million square-foot logistics center faces new round of litigation

document February 17, 2016

Opinion_GRN v Jewell_Enjoining use of BP funds for Alabama resort_2-16-16.

Federal Court Prohibits Use of BP Oil Spill Restoration Funds to Build Beach Hotel

document February 3, 2016

Complaint: Benton et al. v. Global Companies

A broad coalition challenges clean air violations at Albany crude-by-rail terminal, citing environmental justice impacts to public housing residents adjacent to the Global facility

document February 2, 2016

S.2446: Hoeven/Manchin Senate Bill Threatens Safety

The new Hoeven/Manchin coal ash bill removes, delays and weakens the public health and safety protections in EPA’s new coal ash rule completed in December 2014. Almost identical to the McKinley coal ash bill, S.2446 is said to “improve” the EPA rule—but that’s only if you are a utility who wants to delay cleanup of toxic ash, escape the new federal protective standards for drinking water.

document February 1, 2016

Petition for Reconsideration to EPA of New Final Rule for Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards

Community and Environmental Groups petition the Environmental Protection Agency for reconsideration of pollution exceptions in the Final National Air Standards for Oil Refineries.