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SCOTUS On Verge Of Clean Water Act RulingThe U.S. Supreme Court is expected to rule soon in a case where Earthjustice challenged a permit allowing an Alaskan gold mine to destroy a lake by dumping all its waste into it. The court recently asked the parties for additional briefing in the case even though the case was argued in January. Earthjustice attorney Tom Waldo, who argued the case at the Supreme Court tells the Associated Press the implications of this case will effect every body of water in the country.
Global Warming Starving Yellowstone Grizzlies?Beetle epidemics brought about by climate change are forcing Yellowstone grizzly bears to roam in search of food—which makes them targets of hunters. The bears’ staple diet, whitebark pine seeds, are threatened by the beetles.
EPA Reviews Bush-era Emission Rule For Power PlantsIn an effort to reverse loopholes created during the Bush administration, the EPA said it will review three rules that affect how coal-fired power plants account for their air emissions.
In The Win ColumnEarthjustice and its allies won advances—or outright victories—across a broad front in the last month:
Obama Dumps Bush ESA RuleImportant protections for the nation's most-endangered wildlife, such as the grizzly bear, salmon and manatee, were restored when the Obama administration repealed an eleventh hour Bush rule allowing federal agencies to skip consulting with wildlife experts on many federal projects. The Bush rule was under court challenge from Earthjustice until its repeal.
Drillers Kept Out Of Otero MesaOtero Mesa—one of America's great natural landscapes—has been saved from an aggressive Bush-era plan to develop it for oil and gas. Ruling in a case brought by Earthjustice, the 10th Circuit Court of Appeals invalidated the drilling plan for New Mexico's wildest grassland. The court said the plan failed to consider protection for Otero Mesa and the Salt Basin Aquifer.
EPA Revokes Permit For Desert RockAt the urgings of Earthjustice and its allies, the Environmental Protection Agency has withdrawn the air permit issued under the Bush administration for the proposed 1,500 megawatt Desert Rock power plant. Sithe Global Power, LLC had planned to build the plant on Navajo land in northwestern New Mexico and send its power to rapidly-growing cities in Arizona and Nevada.
Feds, State May Protect PikaAs it seeks relief from global warming in the high peaks of the West, the tiny pika—nicknamed the 'polar bear of the lower 48'—has gotten help from two Earthjustice legal victories. Now, both federal and state agencies are reviewing whether to grant the pika endangered species protections.
EPA Reverses Course On Hazardous WasteFollowing two court challenges by Earthjustice, the Environmental Protection Agency said it is reconsidering two Bush-era exemptions for hazardous waste.
Columbia Salmon Get a Judicial BreakEarthjustice's long legal struggle to restore healthy salmon runs to the Columbia and Snake rivers has taken a big step forward after years of obstructionism from the Bush administration. After the Obama administration asked the court for time to think things over, the judge issued a letter suggesting that, among other things, the federal government needs to consider notching four small dams on the lower Snake River in Idaho which are proven salmon killers. More than 15,000 Earthjustice members have sent letters to newly appointed officials in the Obama administration, asking them to resolve this crisis.
A Rare Reversal: Judge Retracts RulingAfter nearly three hours of listening and questioning, a federal district court judge in Phoenix agreed with an Earthjustice request for reconsideration and vacated her previous ruling in which she said private parties can't challenge a management plan for the Sonoran Desert National Monument. The amicus brief was filed on behalf of two dozen law professors and professionals. The judge said she will issue a new ruling shortly.
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