Utah Resource Management Plans and Lease Sale Challenge 10/09/09

In late 2008, the Bush administration attempted to cement its pro-development philosophy in the BLM's land management plans applicable to Utah's public lands for decades to come. These public lands include areas adjacent to Arches and Canyonlands National Parks, Dinosaur National Monument, and Ninemile and Desolation Canyons. The development authorized under these plans will have severe impacts on wildlife, rivers and streams, cultural resources, and air quality in some of Utah’s most spectacular places.

On behalf of several conservation groups, Earthjustice filed suit in December 2008. In January 2009, Earthjustice obtained a temporary restraining order prohibiting BLM from finalizing the Utah leases until after the change in administrations in Washington. Once Obama took office, Secretary of the Interior Ken Salazar announced that BLM would not finalize the leases, but would conduct additional environmental analysis.

In October 2009, Salazar announced that eight of 77 oil and gas lease parcels sold during a December auction in the waning hours of the Bush administration will be off-limits to drilling. Earthjustice continues to challenge plans to open an additional 2 millions acres of Utah public lands to oil and gas development.

Colorado Oil and Gas Conservation Commission Rulemaking 06/05/09

The Colorado Oil and Gas Conservation Commission is promulgating regulations to implement statutory changes enacted from the 2007 legislative session. These new regulations are expected to substantially change the state permitting process for oil and gas development in Colorado. For the first time, the regulations will systemically address public health, environmental and wildlife concerns. 

Earthjustice has been asked to represent the conservation community in these proceedings, to make the case for regulations that are open and transparent and protective of the environment, and to counter an intense campaign by the oil and gas industry to weaken the proposed rules.

Protecting Grand Canyon-Parashant and Vermilion Cliffs National Monuments from Off-Road Vehicles 05/04/09

President Clinton created the Grand Canyon-Parashant and Vermilion Cliffs National Monuments in 2000 to protect their spectacular landscapes, unparalleled geological formations, artifacts from more than 10,000 years of human history, wildlife, and the solitude and remoteness essential to the character of these lands. To protect these valuable resources just north of the Grand Canyon, the Presidential Proclamations specifically prohibited the use of motorized vehicles off of any roads.

Instead of extending the National Monuments the especially protective management to which they are legally entitled, the U.S. Bureau of Land Management (BLM) adopted resource management plans (RMPs) that treat the monuments as if they are indistinguishable from general multiple-use BLM lands. This is perhaps most evident in BLM’s designation of a spider web of thousands of miles of trails and routes for motorized vehicles that BLM admits will damage the objects to be protected by the proclamations. 

In addition to failing to comply with the Monument Proclamations, BLM also relied on a settlement agreement between the Department of the Interior and State of Utah to unlawfully disavow its statutory authority to fully consider the protection of wilderness-quality lands in the monuments. As a result, the solitude, remoteness, and wildlife habitat so important to these lands may be degraded or destroyed by motor vehicle use and other activities permitted by BLM. 

Earthjustice represents a coalition of five environmental groups challenging the monuments’ RMPs.

Subsidizing Oil Shale Industrial Development in the West 01/26/09

Earthjustice, on behalf of 13 conservation groups, filed two lawsuits in federal court in Colorado on January 16, 2009, challenging last-minute efforts by the Bush administration to subsidize oil shale industrial development across wildlands in Colorado, Wyoming, and Utah.

The first suit challenges the Bush administration's decision to give the green light to oil shale leasing across two million acres of public lands. The suit challenges the Bureau of Land Management's decision to cut the public out of the decisionmaking process by failure to permit the public to challenge the action in an administrative "protest" before finalizing the decision. Conservation groups also charge that the BLM failed to even consider protecting wildlands and habitat for the imperiled sage grouse while permitting some leasing to go ahead.

The second suit challenges the Bush administration's decision to issue new rules for managing oil shale. These rules provide huge subsidies to those hoping to start a domestic oil shale industry by cutting the rate US taxpayers will get from the sale of oil shale to less than 1/2 what it is for conventional oil and gas. The groups charge this violates the law's requirement that taxpayers get a fair return for the shale removed from America's public lands. The groups also challenge the agency's failure to divulge the environmental impact of subsidizing the industry.

Graham's Penstemon: Wildflower on the Brink 12/30/08

The Graham's penstemon is a beautiful wildflower that lives exclusively on oil shale in the Unita Basin of northeastern Utah and northwestern Colorado. The penstemon is uniquely adapted to live in this harsh, dry climate. Future development of oil and gas and oil shale threatens the very existence of this flower.

In 2006, the Fish & Wildlife Service proposed that the Graham's penstemon be inclused on the endangered species list. But in 2007, the FWS reversed its decision, despite scientific evidence that this wildflower is threatened.

Earthjustice is suing on behalf of conservationists.

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.

Roan Plateau: Challenge to Oil & Gas Leasing Plan 07/14/08

The Roan Plateau, just west of Rifle, Colorado, provides an island of near-unrivaled biodiversity in western Colorado. The Roan contains essential habitat for genetically pure populations of Colorado River cutthroat trout; supports Colorado's greatest herds of elk and mule deer; and hosts a number of rare and sensitive plants. BLM itself acknowledges that the Roan also contains at least 19,000 acres of wilderness-quality lands. The area is extremely popular with sportsmen for backcountry angling, hunting and other recreation.    

The BLM, however, plans to lease the Roan for oil and gas development, and to allow drilling more than 3,600 wells on the Upper Plateau. BLM admits that the backcountry and wilderness values for which the Roan is known would be seriously compromised by such intensive development. BLM's leasing plan also disregards widespread opposition from the towns and counties in the area, as well as from Colorado's governor and congressional delegation -- all of whom sought to additional protections for the Roan.  

Earthjustice represents a coalition of groups in challenging the BLM leasing plan.     

Challenge to Coalbed Methane Development in HD Mountains 01/23/08

A proposed natural gas drilling project near Durango, Colorado, will bulldoze roadless forest, worsen air pollution, threaten homes, and pollute wilderness areas and Mesa Verde National Park. The project porposes almost 200 new coalbed methane wells, including approximately 30 wells and 8 to 9 miles of new roads inside the currently undeveloped HD Mountains roadless areas. Despite this, the Forest Service and the Bureau of Land Management have approved the permits necessary for the project.

Earthjustice is challenging the project on behalf of conservation groups, homeowners, a rural county, and individuals whose livelihood would be negatively impacted by the drilling as proposed. 

South Shale Ridge Oil and Gas Leasing 11/26/07

The South Shale Ridge wilderness is home to wildlife and rare plants, and is a popular destination for hikers and hunters. However, the BLM reversed an earlier recommendation to protect the ridge as a Wilderness Study Area and instead leased the vast majority of land for oil and gas drilling.

In August 2007, the Federal District Court in Colorado ruled that the BLM violated the Endangered Species Act and the National Environmental Policy Act when it granted the leases, and ordered the BLM to consider the effect of drilling and development on rare species in the area.

Bonneville Cutthroat Trout Listing 10/26/07

In 2002, the U.S. Fish and Wildlife Service denied to extend protection of the Bonneville cutthroat trout under the  Endangered Species Act, despite the fact that the species has been eliminated from 90 percent of its range, due to habitat degradation, predation, and hybridization from non-native trout.

Earthjustice filed suit on behalf of the Center for Biological Diversity, the Biodiversity Conservation Alliance, and the Pacific Rivers Council, and in October, 2007, the FWS announced that it has reversed its earlier decision and will consider placing the Bonneville cutthroat trout on the Endangered Species List.

San Pedro/ Fort Huachuca Biological Opinion 10/10/07

Southwestern willow flycatcher

Photo: J. Rorabaugh/FWS

Two endangered species -- the Huachuca water umbel and the Southwestern willow flycatcher -- will lose vital habitat if groundwater pumping near the upper San Pedro River continues unabated. Although the U.S. Army's Fort Huachuca is responsible for much of the groundwater depletion, the U.S. Fish & Wildlife Service produced a biological opinion which states that the Fort's continued water depletion will not jeopardize the San Pedro River or the species that depend on it. Instead of abiding by the Endangered Species Act, the opinion makes vague promises about water conservation without providing legally required guarantees. This lawsuit challenges the lawfulness of the biological opinion.

Sunflower Coal Plant Permit 04/11/07

A permit for the construction of a massive, coal-fired power plant in western Kansas was issued by the Kansas Department of Health and Environment. This proposed plant will emit massive amounts of greenhouse gases and air pollutants, including mercury, sulfur dioxide, nitrogen oxides, and particulate matter. The plant will burn coal from the Powder River Basin in Wyoming, and use water from the declining Ogallala Aquifer (also known as the High Plains Aquifer). Earthjustice is contesting the permit.

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.

San Diego Vernal Pools 10/16/06

The U.S. Fish and Wildlife Service issued a permit to the city of San Diego that would allow the destruction of seven species dependent on vernal pools. On October 13, 2006, a federal district court invalidated the permit.

County Line Timber Sale 06/22/06

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.

Colorado River Cutthroat Trout 11/22/05

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.

ORV Use in National Park Creek Bed 11/22/05

Salt Creek, one of the most important streams in Canyonlands National Park, is threatened by San Juan County’s R.S. 2477 claim.

Kane County Signage & RS 2477 10/12/05

County encourages off-road vehicle use of protected areas with illegal signage.

San Pedro River Watch Continues 10/10/05

Ft. Huachuca, in Southern Arizona, has not followed through on its own plan to limit groundwater use to sustain the San Pedro River. Now development in the city of Sierra Vista is taking even more water from the over-used aquifer. Earthjustice is pursuing ways to ensure that future groundwater pumping is sustainable for the San Pedro river ecosystem.

Otero Mesa 05/26/05

Otero Mesa is a desert grassland in New Mexico that provides habitat for several federally protected species. Conservationists and the State of New Mexico want to protect the most sensitive areas, while the Bush administration wanted to throw it all open to oil and gas development.

On April 28, 2009, the 10th Circuit Court of Appeals issued a decision invalidating the Bush administration drilling plan for Otero Mesa.

Powder River Basin Leases: Coalbed Methane 06/18/04

Several suits seeking to address problems caused by coalbed methane development in the Powder River Basin, including the drying up of wells and springs and the destruction of habitat and rangeland.

BLM Wilderness Attack 06/18/04

In 2003, the Bush administration agreed to stop protecting millions of acres of potential wilderness. The agreement was the result of a suit by the state of Utah and others that was settled in secret. Conservation groups intervened, and are challenging the settlement in a very convoluted and drawn-out case.

Grand Canyon Humpback Chub 03/04/04

The population of humpback chub in the Grand Canyon has fallen by two-thirds since the species was protected 30 years ago. The reason: Glen Canyon Dam and invasive species. The recovery plan for the chub is totally inadequate to the task. Earthjustice is in court to force a better plan.

Rio Grande Cutthroat Trout Listing 08/27/03

Ninety-nine percent of the Rio Grande cutthroat trout’s original habitat is lost and 95% of its remaining population is subject to existing threats. But the Fish and Wildlife Service has refused to protect it under the Endangered Species Act so Earthjustice is asking for a court order.