Centralia Coal Plant Permit 10/01/09

In the fight against coal plants, most progress by the environmental community in recent years has been to stop new plants or large new expansions, in part because old plants often have the benefit of "grandfather" type provisions in the law. That has left many old, very dirty coal power plants chugging away, belching huge quantities of global warming pollutants and other air pollutants. Earthjustice and several client groups have decided to take a run at changing that.

A subsidiary of TransAlta Corporation, a Canadian company, owns an old, dirty coal power plant in Centralia, Washington. The plant has never had to control mercury (a potent neuro-toxin) or global warming pollutants. That makes it the largest source of these pollutants in the state -- 10% of Washington's total greenhouse gas emissions come from just this one coal plant. The TransAlta coal plant also emits huge quantities of nitrogen oxides (NOx) -- a pollutant that is causing haze pollution to dirty the air of what should be our most pristine areas: national parks and wilderness areas. The TransAlta plant degrades the air quality in Mt. Rainier, Olympic and North Cascades National Parks along with Goat Rocks and Mt. Adams wilderness areas, among others. The National Park Service estimates that the TransAlta plant cumulatively pollutes the air in more parks and wilderness areas than any other polluter in the entire United States. Yet, TransAlta continues to fight putting adequate controls on its NOx pollution saying it just doesn't want to spend the money.

We disagree with TransAlta's balance sheet mentality. We think clean air, public health, and doing something now about the dangers of global warming is priceless and necessary for our kids and grandkids. Therefore, Earthjustice, on behalf of the Sierra Club, the National Parks Conservation Association, and the Northwest Environmental Defense Center, has filed suit challenging renewal of TransAlta's air permit for its complete failure to control mercury and global warming pollutants from the plant and for its failure to put the best controls available on NOx pollution that is harming parks and wilderness areas.

Stockwater Exemption 07/08/09

On June 30, 2009, Earthjustice's Seattle office filed suit in state court in Washington, on behalf of third and fourth generation farmers against a huge industrial cattle feedlot.  The Five Corners Family Farmers are a group of dryland wheat farmers whose families have been living and farming in the area since the early 1900s. Franklin County, Washington is one of the driest counties in the state and the Family Farmers group uses conservative farming practices in order to produce wheat without irrigation. The new industrial feedlot, Easterday Ranches, Incorporated, will pump over a million gallons of groundwater total per day from an area otherwise closed to new groundwater withdrawals due to decreasing aquifer levels.  The Family Farmers worry that their wells, the source of all their water for drinking and household uses, will be threatened by this huge new, unregulated, industrial use.

Washington State’s groundwater laws require a permit for groundwater use to protect people like the Family Farmers who already have wells and to protect streams and salmon habitat that are connected to or replenished by groundwater. For 60 years, the state allowed only a limited exception to the permit requirement for certain rural homestead uses. In 2005, the Attorney General, in response to an inquiry from rural state legislators, issued an opinion that   feedlots could use unlimited amounts of groundwater for watering their stock with no permitting required. The state abruptly reversed its long-standing position and now claims it is unable to regulate groundwater used by feedlot operations like Easterday's for “stockwatering” no matter how large or industrialized the use is. The state will now allow the Easterday Ranches, Incorporated operation to pump up to 600,000 of its total 1,000,000 gallons a day in one of the driest counties of the state, without regulation and without protection for neighboring wells and springs. That is more than 1,000 times the amount of water an average eastern Washington household uses.

Earthjustice is asking the Franklin County Superior Court to strike down the Attorney General's interpretation of the groundwater requirements and to impose regulation on how much water can be used for livestock, including permitting requirements for large industrial feedlot operations.

Western Oregon Plan Revision 01/26/09

Precipitated by litigation in the 1980s-1990s, the Northwest Forest Plan has governed federal public forests in Washington, Oregon, and northern California since its adoption in 1994, but its protections were under attack throughout the Bush administration. The last shoe to drop in the attempt to dismantle the Northwest Forest Plan was its wholesale revision with respect to 2.6 million acres of Bureau of Land Management (“BLM”) lands in Oregon. The Western Oregon Plan Revisions, known by the acronym WOPR, will quadruple old-growth forest logging and eliminate or substantially shrink all wildlife reserves, including the streamside buffers and key watersheds that are integral parts of the Northwest Forest Plan’s salmon and clean water protections. While WOPR covers Oregon, its impact is region-wide, as it marks the end of the ecosystem-wide strategy that has protected northwest rivers, salmon and steelhead, northern spotted owls, marbled murrelets, and other old-growth dependent species.

In early January 2009, Earthjustice filed a lawsuit on behalf of thirteen conservation and fishing groups challenging BLM for its failure to use the best science, its failure to disclose environmental impacts, and its flouting of the consultation “look before you leap” requirements of the Endangered Species Act.

Protecting the Endangered Species Act from Last-Minute Rule Changes 12/22/08

Steller sea lions

Photo by Joel Sartore

In a last-ditch attempt to weaken the Endangered Species Act, the U.S. Fish and Wildlife Service and National Marine Fisheries Service have enacted a rule that drastically reduces one of the core protections of the Act.

The Endangered Species Act requires all federal agencies to consult with expert federal wildlife agencies to ensure that their actions will not harm endangered species and, when necessary, to develop project alternatives that will mitigate any possible harm to endangered species. Consultation has been the Act's most effective and successful safeguard by, for example, keeping factory trawlers out of Steller sea lion rookeries, establishing minimum flows for salmon in the Klamath River, and reforming management of the Northwest forests to protect the northern spotted owl and other old-growth dependent species.

The new rule eliminates the consultation requirement in a wide range of circumstances and will reduce protections for imperiled species. The new rule was enacted on December 16, 2008, and is scheduled to take effect on January 15, 2009, in the final days of the Bush administration's term in office. Earthjustice has filed a lawsuit challenging the new rule in a federal district court in California. Earthjustice is asking the court to find the rule unlawful and set it aside to restore the critical protections endangered species need to survive.

Endosulfan: A Pesticide with Too Many Risks 08/13/08

Endosulfan is a dangerous organochlorine insecticide that poison children, farmworkers, bystanders, fish, birds, and wildlife. Many organochlorine pesticides, including DDT, were banned in the 1970s. Used in the United States on tomatoes, cotton, and other crops, endosulfan can cause reproductive and developmental damage in both humans and wildlife; recently, a study found that children exposed to endosulfan in the first trimester had a significantly greater risk for developing autism spectrum disorder. In addition, endosulfan is extremely persistent, mobile, bioaccumulative, and has been found in National Parks, the Arctic, and in marine mammals. Endosulfan is banned entirely in the European Union and many other countries, including Cambodia, Pakistan, and the Philippines.  Endosulfan has been proposed for a global ban under the Stockholm Convention on Persistent Organic Pollutants.  In early 2008, more than 13,000 people signed a petition asking EPA to ban endosulfan in the United States. 

EPA approved continued use of endosulfan despite its horrific risks and minor benefits, in violation of federal pesticide law. EPA also failed to initiate or complete consultation on the impacts of endosulfan to threatened and endangered species. 

Earthjustice has filed suit to force EPA to consider the impacts this pesticide has on people and wildilfe, and to prevent its application around schools, homes, playgrounds, and other areas while EPA complies with the law.

Roadless Rule Defense: Affirmed At Court of Appeals, Enjoined in Another Circuit 08/12/08

The Roadless Area Conservation Rule, which protects 58.5 million acres of national forest land, has been repealed by the Bush adminstration, and replaced by a state-by-state petition process.

Diazinon: Threat to Public Health 07/31/08

Diazinon is a dangerous organophosphate pesticide that poisons farmworkers, children, bystanders, fish, birds, and wildlife. EPA found health risks for diazinon, yet approved its continued use without requiring mitigation to reduce those risks and without ensuring that there are no unreasonable adverse effects, as required by federal pesticide law. This is especially true for impacts to children and agricultural communities from drift and run-off. EPA also failed to initiate or complete consultation on the impacts of diazinon to threatened and endangered species. 

Earthjustice has filed suit to compel EPA to follow the law and reassess the threats this pesticide poses to the public and the environment.

Hatchery Listing Policy 06/13/07

The U.S. National Marine Fisheries Service (NMFS) adopted a policy that would require fisheries scientists to count hatchery-bred salmon along with the population of wild salmon when making endangered species assessments.

Earthjustice sued on behalf of several conservation groups and groups of fishing enthusiasts, and on June 13, 2007, a federal court agreed that the policy was scientifically flawed and inconsistent with the Endangered Species Act.

Marbled Murrelet Delisting Intervention 04/30/07

Timber industry attorneys tried to force the U.S. Fish & Wildlife Service to remove the threatened marbeled murrelet from the Endangered Species Act. Earthjustice represented several conservation groups requesting "intevenor" status in the lawsuit.

On February 2008, a federal district court rejected the timber industry's suit. In a related matter a few weeks later, the FWS announced that it would not finalize a proposal that would have slashed murrelet habitat by almost 95 percent.

In July 2008, a federal judge in Washington, DC, and the Ninth Circuit Court of Appeals both ruled in favor of retaining federal Endangered Species Act protections for the marbled murrelet.

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.

Washington State Municipal Water Law 09/05/06

In 2003, the Washington State legislature passed the Municipal Water Law, which promotes irresponsible development at the expense of junior water rights holders and stream flows for fish. The law redefined "municipal water supplier" to include any private developer with connections for 15 or more homes and allows these developers to benefit from expanded rights granted retroactively to municipalities. It carried out these changes without the state Department of Ecology's usual review of the impacts of the expansion of a water right. The law therefore violated the due process rights of water-rights holders. It also violated the separation of powers by retroactively overruling a decision of the Washington Supreme Court.

In June 2008, a judge ruled that the state legislature overreached by redefining developers as "municipal water suppliers."

Pesticide Testing on Humans 02/24/06

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.

Idaho Field Burning 01/31/06

Though farmers in Oregon and Washington have successfully abandoned the practice, the EPA recently allowed seed farmers in Idaho to continue burning their grass residues, causing massive pollution. A lawsuit on behalf of Safe Air For Everyone and the Idaho Lung Association challenges EPA's decision.

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.

Bush Roadless Repeal 10/06/05

In July 2005, the Bush adminstration repealed the Roadless Area Conservation Rule, a Forest Service regulation which generally prohibited logging, road construction, and other development on over 58 million acres of roadless land in national forests. Earthjustice challenged the repeal, and on September 20, 2006, a federal district court ordered reinstatement of the rule. Furthermore, on November 29, 2006, the court ordered the Forest Service to stop work on 84 oil and gas projects and an Idaho road project that had been approved during the five years that the roadless rule was illegally repealed. 

Coastal Cutthroat Listing 04/16/05

Cutthroat trout that live in coastal rivers in the Pacific Northwest and California have declined sharply owing primarily to habitat destruction, but the Fish and Wildlife Service refuses to protect them. A lawsuit aims to rectify that dire situation.

Columbia River Hydropower Reform 04/16/05

A combination of dams, diversions, pollution, and other factors has reduced the populations of wild salmon in the watershed of the Columbia to a tiny fraction of their historic size. Earthjustice is involved in several lawsuits aimed at restoring the salmon and making the river more hospitable to them.

Pesticide Impacts on Salmon & Steelhead 04/16/05

Back to court to force EPA to abide by court order.

Rock Creek Mine 03/30/05

The Fish and Wildlife Service rewrote a biological opinion that originally said that a mine proposed in the Cabinet Mountains in Montana could wipe out grizzly bears and bull trout there -- the new opinion says the mine poses no threat. A district court has now ruled that opinion illegal too, halting the mine for now.

Pesticide Self-Consultation 09/14/04

In July 2004, the Fish and Wildlife Service and the National Marine Fisheries Service issued regulations that would allow the Environmental Protection Agency to determine for itself whether it needs to consult wildlife experts at the FWS and the NMFS when determining the potential effects of pesticides on endangered and listed species. This lawsuit challenges those regulations.

Northwest Forest Plan: Aquatic Conservation Strategy 05/27/04

The Northwest Forest Plan was written to balance timber demand with wildlife needs. A part -- the Aquatic Conservation Strategy -- aims to protect salmon and clean water. The Bush administration has drastically weakened the strategy, and on March 30, 2007,  a federal court found that administration acted illegally by suppressing scientific evidence.

Pesticide Protection for Farmworkers 01/21/04

The Environmental Protection Agency is allowing the continued use of azinphos-methyl and phosmet, two highly dangerous agricultural chemicals that attack human nervous systems and can cause death. Earthjustice represents farmworkers and others to halt the use of the chemicals. In April 2005, the United States Supreme Court upheld the right of people to sue pesticide maufacturers to compensate for injuries caused by toxic pesticides. Earthjustice Managing Attorney Patti Goldman was the chief author of the friend of the court brief.

Pesticide Protection for Children 12/31/03

The 1996 Food Quality and Protection Act requires the Environmental Protection Agency to take special steps to protect children -- including the children of farmworkers -- from agricultural chemicals. The agency has failed to do so. Earthjustice is in court to make EPA do its job.

Central Valley Steelhead Intervention 10/14/03

A group of irrigation districts has filed suit to strip Endangered Species Act protections from steelhead trout that spawn in rivers that flow through the Central Valley in California. Earthjustice represents fishing organizations and conservation groups trying to maintain the protections.

Orcas in Puget Sound 12/20/02

An extended family of orca whales has made Puget Sound and associated waters its home for thousands of years. Numbers have declined sharply in recent years but it took a win in court to prod the government into protecting them. Earthjustice is keeping a close watch.