Tar Sands and the "Alberta Clipper" 09/10/09

Tar sands development in Alberta is creating an environmental catastrophe. Toxic tailings ponds can be seen from space and plans have been made to strip away forests and peat lands in an area the size of Florida. The process of extracting oil from tar sands is extremely resource-intensive; it requires large amounts of energy for heating, mining, and pumping and uses 2.5 to 4 times the amount of water required for conventional crude oil extraction. Greenhouse gas emissions from tar sands production are three times those of conventional crude oil. Tar-sand oil contains 11 times more sulfur and nickel, six times more nitrogen, and five times more lead than conventional oil. These toxins are released into US air and water when the crude oil is processed into fuels by refineries.

The United States overwhelmingly the dominant market for tar sands oil -- approximately 96% of the oil produced from the tar sands is exported to the U.S. for refining and consumption. On the ground that they are necessary to accommodate what is questionably asserted to be an enormous projected increase in U.S. demand, a network of new oil pipelines is proposed to transport tar sands crude to new and expanded refineries in the Upper Midwest, with possible expansion to reach refineries on the Gulf Coast. This massive investment in new oil infrastructure will threaten communities and wildlife in the pipeline's path. It will contribute significantly to climate change. And it will enable the United States and Canada to extract, transport, refine, and burn this dirty fuel for years to come.

Earthjustice has filed a legal challenge to stop one of the major pipeline projects being proposed: the Alberta Clipper pipeline, which would have the capacity to import 450,000 barrels of tar sand crude oil per day. The US portion of the pipeline will run from the U.S.-Canada border near Neche, North Dakota across northern Minnesota to a terminal in Superior, Wisconsin. The U.S. Department of State issued the permit for the Alberta Clipper pipeline on August 20, 2009. On September 3, Earthjustice filed a lawsuit challenging the legality of the permit -- and seeking a court-ordered stay of all activities related to it pending resolution of the case.

Marine Diesel Emissions 02/11/09

The EPA has failed to produce meaningful standards for controlling emissions from Category 3 marine diesel engines -- engines that power the largest oceangoing vessels such as tankers, freighters and cruise ships -- as required by the Clean Air Act. These marine engines burn residual fuel oil which contains sulfur, nitrogen, ash, and other substances that turn into sulfur oxide, nitrous oxide, and other pollutants and greenhouse gases when burned. Typical of shipping practices across the country, the ships steam into ports -- sometimes for days awaiting their turn to dock -- all the while running their engines to generate electricity to operate various ship systems (a practice called "hotelling"). People who live near ports are exposed to higher levels of diesel particulate matter and other pollutants, and suffer higher rates of asthma and cardiovascular disease.

Earthjustice sued EPA to compel the agency to set meaningful emissions standards for this significant source of air pollution.  EPA has committed to issuing regulations by December 17, 2009.  

Coalbed Methane Gas & Coal Mining Development in Flathead River Basin 07/01/08

The Flathead River flows from British Columbia south into Montana and forms the western boundary of Glacier National Park. Coalbed methane gas extraction and open-pit coal mining in the Canadian headwaters of the Flathead River threaten to fragment the Flathead's abundant habitat for grizzly bears, wolves, and wolverines, and to pollute the river's pristine waters.

Earthjustice has submitted petitions to the appropriate international agencies to seek to protect this special river and its surrounding habitat.

Glamis Gold Open Pit Mines in California Desert 11/07/06

In 2001, Clinton Interior Secretary Bruce Babbitt refused to approve the mining plan of Glamis Gold, a Canadian mining company, because it would have destroyed the sacred tribal lands. California later passed a law requiring open pit mines to be refilled after mining was completed, a process the company argues is too expensive to make the mine profitable. The Bush administration reversed the Babbitt decision, but still hasn't issued the necessary permits. The California reclamation law is still on the books. However, the company claims the California law and the Babbitt denial violate NAFTA, which provides special protection for the profits of foreign companies. In October, 2006, Earthjustice filed an amicus submission on behalf of Sierra Club and Earthworks opposing Glamis' claims.

Teck Cominco/Lake Roosevelt 06/01/06

Teck Cominco Metals operates a smelter ten miles north of the US-Canada border. This smelter has contaminated Lake Roosevelt, in Washington State, and parts of the Upper Columbia River with toxic heavy metals. Earthjustice filed a "friend of the Court" brief in support of the Colville Tribe to enforce an order issued to Teck Cominco to study and assess the pollution.

Health Trade Advisory Committees 02/02/06

Lawsuit demanding that corporate interests be balanced with public interest representation on committees that advise the US Trade Representative on trade policies affecting public health.

Mexican Border Power Plants 10/29/05

Presidente Juarez Power plant in Rosartio Beach, Baja California Norte

Photo by Thomas Bravo Garcia / Greenpeace

Suit to force the US Department of Energy to conduct a thorough environmental assessment before authorizing operation of power plants owned by US corporations and constructed in Mexico to supply power to the US energy market.

As a result of this suit, the court ordered that the DOE conduct an environmental assessment before authorizing electricity transmission.

Inuit Human Rights and Climate Change 02/22/05

Indigenous Arctic elder with child

Photo by COREL

Earthjustice is working with the Inuit Circumpolar Conference to protect the human rights of the Inuit people in their struggle against climate change.

Okinawa Dugong & Proposed Airbase 10/21/03

The American military is trying to force the Japanese government to build a new airbase on a reef used by endangered dugong (cousin to the Florida manatee) for feeding and resting. In January 2008, a federal judge ruled against the Department of Defense, ordering the DoD to consider the impact of the base on the dugong's habitat.

International Right to a Healthy Environment 08/27/03

Earthjustice is involved in an effort to persuade the United Nations that the right to a safe, healthy, and healthful environment is a basic human right and, as such, is protected by various existing human rights agreements and conventions. Considerable progress has been made.

Peruvian Smelter Emits Toxic Pollutants 05/05/03

The people (especially the children) who live in La Oroya, in the Peruvian Andes, have dangerous levels of lead in their blood. The source is a smelter operated by a company based in Missouri. Earthjustice is working to persuade the company to provide desperately needed medical care.

Plan Colombia Threatens Human Health, Environment 12/18/02

Widespread aerial spraying of herbicides in Colombia by the US is eradicating coca and poppy crops but is also destroying rural communities through harm to human health and livestock, destruction of food crops and water contamination.

Public Participation in Trade Negotiations 12/18/02

The US Trade Representative is negotiating several trade agreements and refuses to reveal any details to the public, even though the documents have been freely circulated to the governments participating in the negotiations. Earthjustice has filed suit to force release of the documents.

Methanex Corp. Challenges US Environmental Protections 12/18/02

MTBE is a gasoline additive that has contaminated groundwater, provoking a decision by California to phase out its use. The manufacturer in turn sued the United States, demanding nearly a billion dollars to compensate for lost profits. Earthjustice has intervened to block the blackmail.

PCB Ghost Ship Exports 10/20/01

There are dozens of obsolete, decaying military ships awaiting disposal. The administration, skirting federal law, tried to send 13 to England for dismantling. A lawsuit blocked nine. Four sit in limbo in England. Transport is dangerous and U.S. shipyards can do the job. The court will decide the fate of the rest.