WE-blog: Wildlife and Environment Blog

Congratulations to Several MGC Alums (and future law clerk)!

2012-03-01T10:24:00.000-08:00

This past weekend, former MGC paralegal Michelle Sinnott(a 2L at Vermont Law School) obtained the Best Brief Award at the NationalAnimal Law Moot Court Competition at UCLA. In the same event's legislative competition, former MGC law clerk ShariBerger Kulanu (a 3L at Drexel Law School) won the Legislative Drafting &Lobbying Competition, and also received an award for Best Bill and FactSheet. At the Pace NationalEnvironmental Law Moot Court Competition, 2012 MGC summer law clerk TrevorSmith took home the Best Oralist Award. Great job!

Lawsuit Prompts U.S. Forest Service To Cancel Wild Horse Roundup

2012-02-15T11:41:00.000-08:00

On the hooves of a federal lawsuit we filed in December 2011 challenging various aspects of a wild horse gather decision by the Bureau of Land Management and the U.S. Forest Service, the Forest Service has decided to withdraw its participation in the roundup. The Forest Service’s agreement not to gather horses as part of this decision means that 198 wild horses in the Monte Cristo Wild Horse Territory will be spared from roundups at this time, and will not be subject to gelding, sex-ratio skewing, and other controversial population control techniques that would otherwise have been implemented there.

Faced With Notice Of ESA Violations, FWS Agrees To Reconsider Biological Opinion for Shaffer Mountain Wind Project

2012-01-26T09:41:00.000-08:00

On November 3, 2011, we submitted a detailed notice letter on behalf of several conservation groups pointing out the serious scientific and legal errors with the U.S. Fish and Wildlife Service’s 2011 Biological Opinion to the U.S. Army Corps of Engineers, which would have allowed construction and operation of an industrial wind farm in the midst of a critical maternity colony of endangered Indiana bats. In issuing its opinion, the Service ignored the views of the nation’s leading bat biologists who pressed the Service to consider alternatives to placing a project in this sensitive location, and also applied faulty population models in an effort to greenlight this project that will not only kill highly imperiled Indiana bats, but also golden eagles and migratory birds. In light of our letter, the Service recently announced that it will reinitiate ESA consultation to consider new evidence before moving forward with a revised Biological Opinion. In turn, the Corps has agreed to hold its decisionmaking in abeyance, pending the Service’s revised Biological Opinion. Here are our notice letter, the FWS’s reinitiation letter, and the Corps’ reinitiation letter.

D.C. Circuit Hears Oral Argument on Flying Squirrel Appeal

2012-01-25T13:30:00.000-08:00

On Tuesday, a three-judge panel of the D.C. Circuit Court of Appeals heard oral argument on whether the West Virginia Northern Flying Squirrel should remain protected by the Endangered Species Act (ESA).

The argument followed briefing on the government’s appeal of our victory on behalf of Friends of Blackwater and other conservation groups which restored ESA protections for the species. On appeal, the issue was whether the Fish and Wildlife Service was free to delist the squirrel without fulfilling the delisting/ recovery criteria the agency itself designated in squirrel’s recovery plan, or providing the public notice and an opportunity to comment on whatever new criteria the agency adopts.

On behalf of the plaintiffs, Jessica Almy argued that Congress specifically required development and implementation of delisting/ recovery criteria in species’ recovery plans to guide the agency’s determination of whether recovery has been achieved and the species should be delisted. Here, because the agency jettisoned the criteria in favor of less protective standards without allowing public notice and comment, the delisting was unlawful and the district court opinion should be affirmed. Read our brief here.

Full ESA Protections Restored for Three Endangered Antelope Species

2012-01-10T10:10:00.000-08:00

Today, the U.S. Fish and Wildlife Service published a final rule, which vindicated our clients’ 2009 victory in the U.S. District Court for the District of Columbia that successfully overturned the Service’s unlawful attempt to grant blanket authorization to exotic wildlife ranches to breed and allow the canned hunting of three highly imperiled antelope species. The 2009 ruling found the Service’s action unlawful under the plain language of the Endangered Species Act, and today’s rule requires canned hunting operations to submit case-by-case permit applications to the Service to document whether and how their operations enhance the survival of the species before such entities can allow the endangered antelopes to be killed for profit. Such applications will be made available to the public for comment. The final rule can be found here.

Government Caves In FOIA Litigation and Grants Fee Waiver to Center for Auto Safety

2011-12-19T09:26:00.000-08:00

Today, after the Department of Treasury completely capitulated on the issue, the court approved a voluntary stipulation that the government will grant the Center for Auto Safety a complete waiver of all fees associated with its request for electronic emails that will shed light on why the government allowed the auto industry to escape all liability for defective cars after the industry bailout in 2009. We had filed suit on behalf of the Center – the nation’s oldest and most prominent auto safety organization – after the Department tried to charge exorbitant fees in connection with a Freedom of Information Act (FOIA) request for these records.

The Center, the driving force behind the widespread adoption of lemon laws and major recalls of defective cars, seeks government email correspondence that would shed light on the government-led, taxpayer-financed restructuring of the two automotive giants, Chrysler and GM, which left personal injury victims without any recourse for injuries resulting from defective automobiles against the "New Chrysler" and "New GM." Rather than simply providing the Center with a disc containing the electronic documents or granting the Center a "public interest" waiver of duplication fees as provided by FOIA, the government denied access to the Center by assessing photocopying fees in excess of $33,000 for paper copies of the records. We filed a brief in October that challenged the government's position as creating an unlawful barrier to access under FOIA.

Today’s court order approves a voluntary stipulation between the parties that provides that the government has waived all fees in connection with the request and sets a schedule for the production of records.

On Eve Of 40th Anniversary of Wild Horse Act, Case Filed To Stop Extirpation of Wild Horse Population And Castration Of Wild Horses In Nevada

2011-12-16T09:08:00.000-08:00

On Wednesday, December 14, 2011 - the day before the 40th Anniversary of enactment of the Free Roaming Wild Horses and Burros Act - on behalf of the American Wild Horse Preservation Campaign, Western Watersheds, The Cloud Foundation, and several individuals we filed a case in the District Court in D.C. to stop the Bureau of Land Management from going forward with its plan to remove the entire population of wild horses from Jakes Wash in Nevada on the purported ground that there is insufficient forage for the horses, when BLM allows thousands of cattle and sheep to graze on these same public lands. The suit also once again challenges the BLM’s decision to remove, castrate, and return gelded males to the range in other areas of Nevada.

Comprehensive Rulemaking Petition Filed Urging FWS to Regulate Wind Energy Impacts on Migratory Birds

2011-12-14T13:03:00.000-08:00

On behalf of American Bird Conservancy, today we filed a detailed rulemaking petition with the U.S. Department of the Interior and U.S. Fish & Wildlife Service (FWS). The petition requests FWS to promulgate regulations under the Migratory Bird Treaty Act (MBTA) establishing a comprehensive permitting system for wind power projects that is designed to avoid and minimize adverse impacts on migratory birds. The petition describes the need for such a system and the legal framework under which FWS has more than sufficient authority to promulgate such regulations. Further, the petition examines in detail the several benefits of the proposed permitting system and also offers specific regulatory language that would accomplish the objectives identified in this petition. The proposed regulations seek to protect migratory birds at risk from wind energy projects, and at the same time provide the industry with the legal certainty that wind developers in compliance with a permit would not be subject to penalties for violation of the MBTA.

More information on the petition is available here: http://www.abcbirds.org/abcprograms/policy/collisions/wind_farms.html

Lawsuit Filed To Protect Captive Orcas

2011-12-07T09:36:00.000-08:00

On November 17, 2011, we filed a lawsuit in the federal district court in the state of Washington on behalf of the Animal Legal Defense Fund, People for the Ethical Treatment of Animals, and several individuals challenging a decision by the National Marine Fisheries Service to exclude the captive members of killer whales (orcas) from the population that has been listed as endangered under the Endangered Species Act. The listing decision, which was issued over five years ago, inexplicably excluded the captive members of the species, including an orca named Lolita, who was captured from the wild in the 1970s and is maintained at the for-profit Seaquarium in Miami where she is kept in a small tank with no companions of her own species. Because she was excluded from the listing decision, the Seaquarium, which over the years has made tens of millions of dollars from having Lolita perform tricks on command, can continue to keep in her in conditions that “harm” and “harass” her, with impunity under the ESA.

Formal Notice Of ESA Violations Sent To U.S. Fish and Wildlife Service Over Shaffer Mountain Wind Farm

2011-11-03T14:10:00.000-07:00

We submitted a detailed notice letter to the U.S. Fish and Wildlife Service concerning the agency’s September 27, 2011 Biological Opinion that purports to authorize construction and operation of the Shaffer Mountain Wind Project, which is proposed to be located in Somerset and Bedford Counties, Pennsylvania. The proposed project site presents one of the gravest risks to an endangered species of any operating or proposed wind energy facility in the country, with a biologically critical maternity colony of the highly endangered Indiana bat located on the project site. Leading bat biologists have strongly urged the Service to consider alternative sites with less risk to bats, especially in light of the devastating impacts of a disease known as White Nose Syndrome that is ravaging Indiana bat populations and sending the species spiraling towards extinction, but the Service disregarded that expert advice and instead allowed lethal turbine operation subject to certain parameters. The Service’s approach was legally and scientifically baseless, as explained in our notice letter that can be found here.

Lawsuit Filed To Protect Big Cypress National Preserve From Invasive ORV Use

2011-11-03T14:05:00.000-07:00

Today, we filed suit in the U.S. District Court for the Middle District of Florida on behalf of a coalition of national and local environmental organizations (Sierra Club, Public Employees for Environmental Responsibility, Florida Biodiversity Project, South Florida Wildlands Association, and Wilderness Watch) seeking to overturn the National Park Service’s (“NPS”) decision to introduce extenstive Off-Road Vehicle (“ORV”) use and ORV-assisted hunting into the pristine Addition Lands of the Big Cypress National Preserve. The Addition Lands have for decades served as a place of solitude for hikers, nature photographers, and birdwatchers, whose experiences will be severely diminished by the hundreds of miles of ORV trails authorized by NPS’s decision. Not only did NPS for the first time authorize these environmentally destructive motorized uses in the Addition Lands, but they achieved that result by improperly excluding beautiful and pristine lands from a wilderness eligibility study, which allowed NPS to bypass recommending those areas to Congress for long-term preservation as wilderness for the public’s enjoyment of these lands in their natural state. The lawsuit also raises concerns with the U.S. Fish and Wildlife Service’s Biological Opinion, which failed to address several key threats to the highly imperiled Florida panther, as well as other species. Here is a link to the press release, and here is a link to the complaint.

Intervention Granted For Wild Horse Advocacy Groups In Lawsuit Brought By Grazing Association To Remove Wild Horses From Public Lands in Wyoming

2011-11-02T13:47:00.000-07:00

The federal district court in Wyoming today granted the firm’s motion to intervene on behalf of several wild horse advocacy groups in a case brought by the Rock Springs Grazing Association to force the Bureau of Land Management to remove wild horses from over a million acres of public lands in Wyoming. The Grazing Association represented to the Court that BLM told it to file the case if it wanted to get Congress to provide more funds to BLM for the removal of wild horses, which compete with domestic livestock for food on the range. The firm is representing the American Wild Horse Preservation Campaign, the International Society for the Protection of Mustangs and Burros, and the Cloud Foundation.

Court Upholds Ban On Polar Bear “Trophy” Imports

2011-10-17T12:02:00.000-07:00

Today, in the long-running litigation over protecting the polar bear under the Endangered Species Act (ESA), the federal district court rejected four lawsuits by sport-hunting groups challenging the Fish and Wildlife Service’s prohibition on importing the body parts of polar bears killed in Canadian “sport hunts.” In these lawsuits the plaintiffs acknowledge that the polar bear requires ESA protection because the species’ sea-ice habitat is being destroyed by global climate change. Nonetheless, the hunters argued that the Marine Mammal Protection Act (MMPA), pursuant to which certain of these imports had been permitted prior to the species’ ESA listing, trumps these threats, and that imports must continue to be allowed.

Rejecting these arguments, the district court ruled that, by virtue of the ESA listing, the polar bear became a “depleted” species under the MMPA, and consequently neither the MMPA nor the ESA allow these imports to continue. The Court also ruled that the import ban applies to any polar bear body part in Canada when the species was listed, and thus that individuals who had killed polar bears in Canada prior to the listing, but had not yet completed the import process, are also subject to the ban. The decision is available here.

Summary Judgment Brief Filed Over FOIA Fees

2011-10-13T08:45:00.000-07:00

On behalf of the nation's oldest and most prominent auto safety organization - the Center for Auto Safety - we recently filed for summary judgment in a suit challenging the Treasury Department's decision to demand exorbitant fees before it would produce emails under the Freedom of Information Act (FOIA).

The Center, the driving force behind the widespread adoption of lemon laws and major recalls of defective cars, seeks government email correspondence that would shed light on the government-led, taxpayer-financed restructuring of the two automotive giants, Chrysler and GM, which left personal injury victims without any recourse for injuries resulting from defective automobiles against the "New Chrysler" and "New GM." Rather than simply providing the Center with a disc containing the electronic documents or granting the Center a "public interest" waiver of duplication fees as provided by FOIA, the government denied access to the Center by assessing photocopying fees in excess of $33,000 for paper copies of the records. Our brief argues that because the government's position creates an unlawful barrier to access under FOIA, the court should order the government to provide all of the responsive documents to the Center without charge.

Preliminary Injunction Filed To Protect Imperiled Species At Sharp Park

2011-09-27T07:25:00.000-07:00

On Friday, September 23, 2011, in the federal district court for the Northern District of California, we filed a motion for a preliminary injunction against the City and County of San Francisco concerning the City’s take of the California red-legged frog and the San Francisco garter snake at Sharp Park Golf Course in Pacifica, California. During winter rains the City pumps massive volumes of water from Horse Stable Pond in Sharp Park out to the ocean. This pumping lowers Park water levels, stranding red-legged frog egg masses and tadpoles. The City also routinely mows grasses in habitat for the frog and the garter snake, causing additional take of these ESA-protected species. Plaintiffs’ motion is supported by declarations from three of the leading experts on these species, who detail the ways in which the City’s management of the golf course is harming these species and their habitat. Plaintiffs are asking that the Court enjoin the City from pumping water from Horse Stable Pond, or mowing grasses in the proximity of Sharp Park water bodies, until the case can be resolved on the merits. A hearing on the preliminary injunction is scheduled for November 18, 2011.

Fish and Wildlife Service Issues Positive 90-Day Finding On Petition To List Captive Chimpanzees As Endangered

2011-08-31T08:34:00.001-07:00

The Fish and Wildlife Service today issued a press release announcing that tomorrow it will issue a formal positive "90-day finding" on a petition to treat captive chimpanzees as endangered under the Endangered Species Act, like their wild counterparts. The petition was submitted in 2010 by our firm on behalf of a broad coalition of animal protection and conservation groups, the Jane Goodall Institute, and the American Association of Zoological Parks and Aquariums. The agency will allow 60-days for comment on the petition, which, if ultimately granted, should eliminate the use of chimpanzees for entertainment, commercial advertisements, and unnecessary laboratory research.

For a copy of the agency's press release - click here: http://www.ofr.gov/OFRUpload/OFRData/2011-22372_PI.pdf

Comments Filed Urging FWS to Reject Proposed Changes to Wind Guidelines

2011-08-30T10:40:00.000-07:00

Last week, we filed comments on behalf of Friends of Blackwater Canyon, the Center for Biological Diversity, the Animal Welfare Institute, and the Wildlife Advocacy Project, on the recent changes to the Revised Draft Voluntary Land-Based Wind Energy Guidelines, proposed by the subcommittees of the Wind Guidelines Federal Advisory Committee. Previously we had submitted comments on the original wind guidelines released by the U.S. Fish and Wildlife Service (FWS) in February 2011 as well as the second draft of the guidelines released in July 2011. In this third round of comments, we urged FWS to reject those changes recommended by the subcommittees that were adverse to wildlife interests, and to allow the public to submit comments on any such changes that it may consider adopting. We explained that the proposed changes are more likely to harm rather than help wildlife. For example, FWS would be placed in a difficult position with respect to enforcement action against wind energy project developers because the proposed changes would allow developers to merely document FWS recommendations and their own reasons for “disagreeing” with the FWS to show compliance with the guidelines. All in all, the proposed changes would give wind developers enough scope to come up with their own interpretations of the guidelines, and pressure FWS biologists that the project will proceed if FWS did not meet the arbitrary 30-60 day review period.
More information on the subcommittees’ recommendations is available here: http://www.fws.gov/windenergy/news.html

Opposition Brief Filed Seeking to Restore Protections to Sensitive Ecological Areas of Big Cypress National Preserve in Florida

2011-08-17T09:30:00.000-07:00

Earlier this week, we filed an opposition on behalf of several conservation organizations and individuals, arguing that the National Park Service (“NPS”) has not provided adequate justification for its 2007 decision to open off-road vehicle trails in particularly sensitive areas of Big Cypress National Preserve. The decision has resulted in extensive and permanent damage to the Preserve’s soils, vegetation, water resources, and wildlife. Plaintiffs are challenging the decision under a Settlement Agreement entered into in a previous lawsuit against NPS, as well as several environmental laws including the NPS Organic Act, the National Environmental Policy Act, and the Endangered Species Act.

Comments Filed on Revised Wind Guidelines Urging FWS to Comply with FACA

2011-08-08T12:02:00.000-07:00

Last week, we submitted comments on behalf of Friends of Blackwater Canyon, the Center for Biological Diversity, the Animal Welfare Institute, and the Wildlife Advocacy Project, on the Revised Draft Voluntary Land-Based Wind Energy Guidelines prepared by the U.S. Fish and Wildlife Service (FWS). In May 2011 we had submitted detailed comments on the previous draft of the wind guidelines; however in developing the revised guidelines, FWS has largely ignored and entirely failed to respond to public comments. Our comments highlight the fact that FWS has apparently weakened the guidelines in light of pressure from the industry-dominated Wind Turbine Guidelines Federal Advisory Committee - for example, the revised guidelines now require FWS to review wind energy project proposals within a truncated 60 day period. Further, our comments emphasize that the manner in which FWS is working with the Committee is a flagrant violation of the public access mandate of the Federal Advisory Committee Act (“FACA”) because while it is evident that the Committee has been working with FWS in developing the guidelines, the public has not been provided with complete and accurate information regarding the same. More information on the guidelines can be found here: http://www.fws.gov/windenergy/index.html

BLM Halts Plan to Castrate Wild Stallions in Wyoming

2011-08-02T12:07:00.000-07:00

Responding to our motion for a temporary restraining order and preliminary injunction, BLM today informed Judge Amy Berman Jackson that the agency had decided to rescind its plan to castrate and return stallions that it rounds up from the Little Colorado and White Mountain herd management areas in Wyoming. The plan – opposed by plaintiffs American Wild Horse Preservation Coalition, Western Watersheds Project, and three individuals – would have set a dangerous precedent on public lands. In returning geldings to the range, BLM would have undermined the will of Congress under the Wild Free Roaming Horses and Burros Act to preserve and protect these horses as “wild,” “freeroaming” “components of the public land,” and it would have also violated the National Environmental Policy Act for failing to consider any of the various devastating environmental impacts of this action. Our brief in support of the motion is here. Fifty-four members of Congress also today sent a letter to Secretary of Interior Ken Salazar decrying the plan to geld horses as “inhumane” and contrary to law.

Almy to Speak at ABA Annual Meeting in Toronto

2011-07-20T08:11:00.000-07:00

Jessica Almy will speak on a panel at the American Bar Association’s annual meeting in Toronto, Canada on Friday, August 5, 2011. The panel, which is designed to bring together the “best and the brightest of the up and coming new generation of animal law practitioners,” will discuss widely varied aspects of animal law practice, including companion animal litigation and transactional work, wildlife law, and the laws pertaining to captive exotics and farm animals. Also among the panelists is former Meyer Glitzenstein & Crystal attorney Delci Winders, who now works for People for the Ethical Treatment of Animals.

ESA PROTECTIONS REINSTATED FOR THE PREBLE’S MEADOW JUMPING MOUSE

2011-07-08T10:21:00.000-07:00

As a result of our lawsuit challenging the removal of Endangered Species Act protections for the Preble’s Meadow Jumping Mouse in Wyoming, the Preble’s is regaining its full legal protection under the law. Because of a Bush Administration policy that allowed imperiled species to be protected in less than their full range, the Preble’s was stripped of all ESA protection in Wyoming in 2008, although it retained such protection in Colorado. In response to our lawsuit on behalf of the Center for Native Ecosystems, the Biodiversity Conservation Alliance, Defenders of Wildlife, and others, the government requested that the Court reinstate the Preble’s protection, and United States District Judge John Kane in Colorado agreed, over objections by the State of Wyoming and the Wyoming Farm Bureau Federation. A copy of the Court’s opinion is here, and a press release is here.

Court Rejects Tobacco Companies' Attempt To Impede Enforcement Of Remedial Order

2011-06-23T11:20:00.000-07:00

On behalf of the Campaign for Tobacco Free Kids Action Fund, the American Cancer Society, and other health groups, we were successful in beating back yet another attempt by the tobacco companies to weaken the remedial order issued in the Court's seminal RICO ruling in United States v. Philip Morris USA, Inc., 449 F.Supp.2d 1, 934 (D.D.C. 2006). Agreeing with our arguments, Judge Kessler issued a decision earlier this week rejecting the industry's motion to "clarify" her order. Specifically, the industry proposed that the Court insert language restricting the rights of the Public Health Intervenors to enforce the order in the event the tobacco industry violates the order. Judge Kessler also soundly rejected the tobacco companies' additional arguments that would have weakened the precedential value of the court's findings that the industry committed massive fraud against the public, and would have delayed future efforts to enforce the order's provisions. The opinion, United States v. Philip Morris USA, Inc., Civ. No. 99-2496 (GK) (D.D.C. June 1, 2011), is available here.

Supreme Court Rules in Climate Change Nuisance Case

2011-06-21T11:35:00.001-07:00

Today, the U.S. Supreme Court affirmed the Second Circuit's 2009 ruling that several States, the city of New York, and three land trusts had standing to challenge utilities that constitute the nation's largest contributors of greenhouse gas emissions. On behalf of Defenders of Wildlife and other conservation organizations, we had filed an amicus brief focusing on the standing issues raised in the case. On the merits, however, the Court reversed the Second Circuit, holding that the Clean Air Act and actions taken by the EPA pursuant to the Act displace federal common law suits because the executive branch is actively addressing the nuisance of climate change and such suits could hinder EPA's ability to exercise its judgment in fashioning rules necessary to curb climate change. On remand, the Court instructed the Second Circuit to consider whether the plaintiffs' claims brought under state nuisance laws are viable - claims which the Supreme Court declined to reach. The opinion can be found here: http://www.supremecourt.gov/opinions/10pdf/10-174.pdf. Our amicus brief can be found here: http://www.americanbar.org/content/dam/aba/publishing/previewbriefs/Other_Brief_Updates/10-174_respondentamcu3wildlifegrps.authcheckdam.pdf.

Motion for Summary Judgment Filed Seeking to Overturn Destructive Levels of ORV Use in Big Cypress National Preserve

2011-06-21T08:27:00.000-07:00

On behalf of several conservation organizations and individuals, we recently filed a motion for summary judgment in a case challenging a 2007 decision by the National Park Service that reversed an earlier decision by the agency to close the same Off-Road Vehicle (“ORV”) trails due to serious concerns about environmental damage and harm to highly endangered Florida panthers. Some of the plaintiffs are responsible for obtaining a settlement in 1995 that required a comprehensive ORV Management Plan in the Preserve (which was issued in 2000), and for subsequently defending the ORV Plan from legal challenges pursued by ORV users. The decision challenged in the current lawsuit violated both the 1995 Settlement Agreement and various federal environmental laws (NPS Organic Act, Executive Orders 11644 and 11989, NEPA, and the Endangered Species Act) because NPS reopened trails that the ORV Plan requires to be closed on resource protection grounds, and did so without any environmental analysis or meaningful public participation.

Center for Auto Safety Sues over FOIA Fees

2011-06-08T13:23:00.001-07:00

Yesterday we filed a complaint in federal district court in D.C. on behalf of the Center for Auto Safety, the leading automobile safety organization in the nation since 1970, against the Department of Treasury. The Center is seeking emails under the Freedom of Information Act (FOIA) to and from Treasury Secretary Geithner and members of the Auto Safety Task Force related to the GM and Chrysler government bailouts, which left personal injury victims without any ability to sue if they are injured by defective GM and Chrysler vehicles purchased before the bailouts. The government has refused to provide the requested records unless the Center pays $33,980 for duplication, and has refused to grant the Center a public interest fee waiver. To assist the Center in shedding light on the government’s role in these extremely costly and controversial bankruptcy bailouts – bankrolled by taxpayers to the tune of $80 billion – our complaint seeks to have the fees for these documents waived.

Judge Denies Tobacco Industry’s Bid To Vacate Massive RICO Ruling

2011-06-07T10:52:00.000-07:00

In March 2011, the tobacco companies filed a motion to vacate the district court’s seminal RICO ruling in United States v. Philip Morris USA, Inc., 449 F.Supp.2d 1, 934 (D.D.C. 2006) on the ground that the recently enacted Family Smoking Prevention and Tobacco Control Act eliminates any reasonable likelihood that defendants will engage in future RICO violations. The 2006 ruling, issued after a nine-month trial and containing more than 4,000 findings of fact, was a substantial victory for the public health and the Public Health Intervenors who we represent. Among other remedies, the court required the companies to stop using misleading health descriptors like “light” and “low tar” and to issue corrective statements concerning their fraud. Defendants sought vacatur of the court’s findings and remedies, but we and the United States argued that the new statute is not likely to prevent defendants from engaging in the future joint racketeering that the district court had determined, and the D.C. Circuit had affirmed, is likely to continue here. In a decision issued last week, Judge Kessler agreed with our arguments, holding that “given the type of wrongdoing in which the Defendants have engaged [the Act] simply does not eradicate the likelihood that Defendants will continue to commit RICO violations.” The opinion, United States v. Philip Morris USA, Inc., Civ. No. 99-2496 (GK) (D.D.C. June 1, 2011), is available here.

Comments Filed on Behalf of Twenty Conservation Groups on FWS Land-based Wind Energy Guidelines

2011-05-26T09:40:00.000-07:00

Last week, we assisted in submitting comments on behalf of twenty organizations, including Friends of Blackwater, the Center for Biological Diversity, the Animal Welfare Institute, and the Wildlife Advocacy Project, on the Draft Voluntary Land-Based Wind Energy Guidelines and the Draft Eagle Conservation Plan Guidance prepared by the U.S. Fish and Wildlife Service (FWS). The two draft documents have been developed to identify ways to avoid and minimize wildlife impacts of land-based wind energy facilities. The comments provide a series of detailed recommendations for the improvement of the guidelines and their effective implementation. Specifically, the comments focus on the legal authority of FWS to make the requirements of the guidelines binding and undertake an analysis of the cumulative effects of the development of wind facilities. Further, the comments address several important issues such as the need for developing a process to ensure the independence of biological consultants in project decision-making. More information on the guidelines can be found here: http://www.fws.gov/windenergy/index.html

Almy to Speak at Northwestern Law

2011-03-31T07:09:00.000-07:00

Jessica Almy has been invited to speak at Northwestern University School of Law, during its Animal Law Week (April 4 - April 7) hosted by Northwestern Law's Student Animal Legal Defense Fund (SALDF) chapter. Almy will speak on Thursday, April 7th during the Wildlife Law event. Her presentation will overview historical wildlife protection cases handled by Meyer Glitzenstein & Crystal. In addition, Almy will detail cases for which she is lead counsel, including a recent success restoring Endangered Species Act protections to the West Virginia Northern Flying Squirrel (Friends of Blackwater v. Salazar) and a current matter challenging approval of the Cape Wind offshore wind power facility for violating the Endangered Species Act, Migratory Bird Treaty Act, and National Environmental Policy Act. The event is scheduled to begin at 12:00pm, in Rubloff (RB) 150 (Northwestern University School of Law is located at 375 East Chicago Ave., Chicago, IL 60611). For more information, please email Susan Kai (s-kai2012@nlaw.northwestern.edu).

Squirrel Victorious: Judge Restores Protections of Endangered Species Act

2011-03-28T11:30:00.000-07:00

Representing Friends of Blackwater and four other plaintiffs, we prevailed in a federal district court lawsuit to restore the protections of the Endangered Species Act to the West Virginia Northern Flying Squirrel. Judge Emmet Sullivan’s opinion, rendered late Friday, returned the Squirrel to the list of endangered species and affirmed that the government must follow the recovery plans it creates for endangered and threatened species. The ruling means that scientifically-based recovery criteria for endangered and threatened species, once adopted in a formal recovery plan, cannot be ignored due to political motivation or simple bureaucratic expediency. Rather, if an agency believes that such recovery criteria are in need of revision (which was not established for the squirrel) then the agency must do so pursuant to the publicly and scientifically accountable process embodied in the law. The opinion, Friends of Blackwater v. Salazar, Civ. No. 09-2122 (D.D.C. Mar. 25, 2011), is available here.

Amicus Brief Filed in U.S. Supreme Court Case on the Application of Federal Common Law to Climate Change

2011-03-18T11:57:00.000-07:00

Today we filed an amicus brief in the United States Supreme Court on behalf of Defenders of Wildlife, the Center for Biological Diversity, and the National Wildlife Federation, supporting the State and Land Trust plaintiffs that brought suit challenging defendants’ substantial contributions to climate change as injurious to their proprietary and other interests that are being devastated by global warming and other climatic disturbances traceable to greenhouse gas emissions. Specifically, our brief focuses on the threshold issue of standing in environmental cases, and argues that the plaintiffs adequately alleged all elements necessary for standing, especially in view of the limited nature of the Court’s inquiry in this case in light of the unique facts presented in this common law cause of action. The oral argument will take place on April 19, 2011.

Lawsuit Filed Over San Francisco Killing of Endangered Species at Sharp Park Golf Course

2011-03-03T10:33:00.000-08:00

Working with the Wild Equity Institute, we filed a lawsuit this week in federal district court in California over the San Francisco Recreation and Park Department’s unlawful “take” of federally protected species at Sharp Park golf course, a city-owned course located within Golden Gate National Recreation Area. The Complaint alleges that in recent years, egg masses of the California red-legged frog have been jeopardized by the draining of wetlands to facilitate use of the golf course, and course operations also are causing the take of the endangered San Francisco garter snake, all in violation of the Endangered Species Act. A copy of the Complaint is here.

Eubanks Speaking at National Conferences on Environmental Law Issues

2011-02-22T08:06:00.000-08:00

Bill Eubanks has been invited to speak about the environmental impacts of wind energy at the Florida Public Interest Environmental Law Conference in Gainesville, Florida on Friday, February 25. He will also speak on Saturday, February 26 on a panel advising lawyers and law students about green career paths in the legal realm. In addition, Eubanks will speak on Saturday, March 5 at the Yale Law School Robert Cover Public Interest Law Retreat in Peterborough, New Hampshire. His lecture will focus on a broad array of environmental legal issues including climate change, renewable energy development, and wildlife protection. More information about the conferences can be found here: http://www.law.ufl.edu/piec/ and http://www.law.yale.edu/news/coverretreat11.htm.

MGC Attorneys Speaking about Wind Energy & Wildlife at Upcoming Conferences

2011-01-18T08:37:00.000-08:00

Eric Glitzenstein has been asked to speak on a panel entitled “Regulatory Challenges for Wind Project Development” at the 18th Annual Endangered Species Act Conference in Seattle, WA on Friday, January 28 at 10:45am. More information about the panel and the conference can be found here: http://www.theseminargroup.net/seminar.lasso?seminar=11.ESAWA. Bill Eubanks will also be speaking that weekend on the topic of “Wind Energy Development and Wildlife” at the Villanova Law School Environmental Law Symposium in Villanova, PA on Saturday, January 29 at 9:15am. More information about the conference can be found here: http://www.eventbrite.com/event/1136694885.

D.C. Bar Magazine Highlights MGC’s Successes in ESA Impact Litigation

2011-01-03T09:33:00.000-08:00

The Washington Lawyer recently published an article exploring impact litigation under the Endangered Species Act (ESA). The article highlights various recent cases litigated by Meyer Glitzenstein & Crystal, including the Beech Ridge lawsuit challenging the unlawful take of endangered bats by an industrial wind power facility, a successful challenge of BP's and the Coast Guard's burning of sea turtles after the Deepwater Horizon spill in the Gulf of Mexico, and our participation in the pending multi-district litigation over the listing of the polar bear under the ESA. The article is found here: : http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/january_2011/going_gone.cfm

Brief Filed In Case To Protect Imperiled Mouse And Overturn Dangerous Endangered Species Act Policy

2010-12-28T12:04:00.000-08:00

We have filed an opening brief on the merits in our case challenging the Bush Administration's decision to strip the Preble's Meadow Jumping Mouse of all Endangered Species Act protection in the Wyoming portion of its range (the subspecies remains protected in Colorado). The partial delisting decision was based on a controversial ESA policy adopted in 2007 and that, contrary to decades of prior practice, has been applied to limit the protection of not only the Preble's, but also wolves and other listed species. On behalf of the Colorado-based Center for Native Ecosystems and other conservation groups, we are seeking to restore full ESA protection for the Preble's, as well as invalidate the underlying policy limiting species protections. The case is pending in the U.S. District Court for the District of Colorado. For a copy of our brief, click here.

Journal of Legal Education Publishes Roundtable on Animal Law

2010-11-30T08:57:00.000-08:00

The November 2010 issue of the Journal of Legal Education focuses on the emerging area of animal law, featuring a roundtable with young practitioners including Jessica Almy, an associate at Meyer Glitzenstein & Crystal. The roundtable, available online, focuses on challenges to advancing the interests of animals and ways that law schools can help prepare students to become animal lawyers.

Eubanks Invited to Speak at Inaugural Appalachian Public Interest Environmental Law Conference

2010-11-17T12:26:00.000-08:00

Bill Eubanks will be presenting at the 1st Annual Appalachian Public Interest Environmental Law Conference in Knoxville, Tennessee on Saturday, November 20, on a panel titled The Endangered Species Act: The Many Routes to Protecting Southeastern Species and Habitat through the ESA. Eubanks will speak again on Sunday, November 21, on a panel titled Rulings from the High Court: What Remedies Are Available to Environmental Plaintiffs After Winter and Monsanto. More information about the conference can be found here: https://sites.google.com/site/apielconference/.

West Virginia Northern Flying Squirrel: Litigation Update

2010-11-15T09:33:00.000-08:00

The oral argument for the Flying Squirrel case is scheduled on Wednesday, 11/17/2010. On behalf of a coalition of environmental organizations, we had filed a suit in June 2010 in the U.S. District Court for the District of Columbia against the Department of Interior and the Fish and Wildlife Service (FWS), challenging the removal of the West Virginia Northern Flying Squirrel from any protection of the Endangered Species Act (ESA), and requesting the Court to reinstate the Squirrel’s “endangered species” listing. In brief, we primarily argue that the delisting decision is not based on objective measurable criteria or best available science, as required by the ESA.

All written briefs in the case are complete and the oral hearing is on 11/17/2010 at 10:00 A.M. in Courtroom 24A at the District of Columbia Federal District Courthouse before Judge Emmet G. Sullivan.

Eubanks Publishes Paper in Peer-Reviewed Climate Change Journal

2010-10-19T07:58:00.000-07:00

Bill Eubanks recently published a paper on the devastating impacts of climate change in the peer-reviewed International Journal of Climate Change: Impacts and Responses. The paper highlights the rapidly worsening effects of climate change on the northeastern United States by focusing on the quintessential species in the region -- the sugar maple. The abstract can be found here: http://ijc.cgpublisher.com/product/pub.185/prod.82. The paper builds on an earlier article that was published by the Penn State Environmental Law Review, available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1286946.

Eubanks to Speak on BP Oil Spill at 18th Annual Animal Law Conference

2010-10-14T11:25:00.000-07:00

Bill Eubanks will be presenting at the 18th Annual Animal Law Conference in Portland, Oregon on Saturday, October 16, on a panel titled, Dangerous Waters: Animals in the Wake of the Gulf Oil Spill. Eubanks was the lead counsel for conservation and animal protection organizations in a recent lawsuit that forced BP and the Coast Guard to substantially alter their in-situ burn policies in order to ensure that endangered and threatened sea turtles would not be killed by the burns. More information about the conference can be found here: http://www.lclark.edu/law/student_groups/student_animal_legal_defense_fund/animal_law_conference/

District Court Vacates Cypress Creek Town Center (CCTC) Permit

2010-08-26T11:07:00.001-07:00

Following on a June 30, 2010 Opinion finding that the U.S. Army Corps of Engineers (Corps) violated the Clean Water Act in authorizing a massive shopping mall development in Southern Florida (see July 8, 2010 Posting), last week the district Court vacated the CCTC permit, preventing any further development of the mall. Although the Corps and the developer argued that the legal violations were not significant enough to warrant vacatur, the Court disagreed, concluding that “vacatur is appropriate in order to prevent significant harm resulting from keeping the agency’s decision in place.” The Court permitted the developer to continue operating a stormwater discharge system necessary in light of the wetlands destruction that has already occurred, and to complete a road already under construction on the site. A copy of the Court’s Opinion is attached.

Showing Animals Respect and Kindness Victorious in FOIA Lawsuit

2010-08-23T12:47:00.000-07:00

Last week we prevailed in a Freedom of Information Act (“FOIA”) suit against the Department of the Interior concerning the withholding of videos depicting the vicious and unlawful killing of a tame black bear by country singer Troy Gentry. The U.S. district court ruled that Gentry had no significant privacy interest in the videos and that plaintiff Showing Animals Respect and Kindness demonstrated a public interest in their disclosure to shed light on the government’s prosecution of Gentry and his co-conspirator under various criminal laws. A copy of the Court’s opinion is here.

Eubanks Publishes Cover Article In The Environmental Forum’s Summer Reading Issue

2010-07-14T06:45:00.001-07:00

William Eubanks recently authored the cover article in the Environmental Law Institute’s Environmental Forum. The article, which analyzes the significant adverse environmental impacts of a heavily subsidized industrial agriculture system, was selected as the top article published by ELI during the past year and was reproduced in this special summer reading issue of the Environmental Forum. The article can be downloaded free of charge at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1636025.

Plaintiffs Win Suit Against Jetskis In National Parks

2010-07-09T11:29:00.000-07:00

Yesterday Judge Gladys Kessler ruled that the Park Service violated federal law in deciding to allow unlimited Jetski use in two national parks – Gulf Islands National Seashore (in Florida and Mississippi) and Pictured Rocks National Lakeshore (in Michigan). Finding that the “serenity, the tranquility – indeed, the majesty – of these two national treasures” is being compromised by “these highly polluting and noisy vehicles,” the court remanded the matter to the agency to reconsider whether to allow Jetski use to continue in these Parks. A copy of the Court’s 88 page Opinion is here.

Queen Anne's Conservation Association Succeeds In Preventing Massive Quasi-Military Facility On Maryland's Eastern Shore

2010-07-08T09:50:00.000-07:00

Queen Anne’s Conservation Association ("QACA") has won a resounding victory against the Department of State and the General Services Administration in its efforts to stop the construction of a massive quasi-military training facility in Queen Anne’s County, on Maryland’s Eastern Shore. After we represented QACA in securing a stipulated Court Order directing the rapid release of information under the Freedom of Information Act and QACA also built a coordinated campaign to inform the public of the facility’s impacts and develop political opposition to the facility, the government announced its intention not to construct the facility in Queen Anne’s County.

Sierra Club Wins Challenge To Cypress Creek Town Center And Judge Finds That Corps's Violation Of Clean Water Act Is Part Of Pattern

2010-07-08T09:49:00.000-07:00

The Sierra Club, Gulf Restoration Network, Clean Water Action, and several individuals have won a major victory in their challenge to a Clean Water Act ("CWA") section 404 dredge and fill permit issued by the Army Corps of Engineers for the construction of Cypress Creek Town Center, a massive development slated for construction and threatening important wildlife habitat, wetlands, and Tampa’s drinking water supply. In a decision with broad ramifications, the Court concluded that the permit violated the CWA and NEPA, finding that the Corps, as part of a larger ongoing pattern of non-enforcement of its obligations under the CWA, had allowed data to be manipulated in an attempt to justify an unlawful permit.

Agreement Reached To Protect Sea Turtles From Oil Spill Response Burns

2010-07-06T11:15:00.000-07:00

Conservation and animal welfare organizations have struck an interim agreement with BP and the Coast Guard to expeditiously develop mandatory protocols for including qualified independent observers on each burn team following specified sea turtle, search, rescue, and rehabilitation practices. Such protocols will ensure to the greatest extent possible that the risk to endangered and threatened sea turtles is minimized before burns are ignited by making sure the turtles are located and removed before the burns are ignited, and will also increase the information collection process on wildlife being affected by the Deepwater Horizon oil spill and its cleanup efforts.

Lawsuit Filed and Emergency Relief Requested Over BP's and Coast Guard's Burning of Sea Turtles in the Gulf

2010-07-01T08:27:00.001-07:00

Yesterday, our firm filed suit on behalf of several conservation and animal welfare organizations in federal district court in New Orleans challenging BP's and the Coast Guard's oil spill response practice of controlled burning, which is killing federally listed sea turtles helplessly caught in these "burn boxes." Plaintiffs have moved for a temporary restraining order to immediately modify this practice by requiring defendants to adopt certain measures to eliminate the risk of unlawful sea turtle mortalities and injuries while also having no appreciable adverse effect on defendants' oil containment efforts.

Environmentalists Challenge Botched Wildlife Review of Offshore Wind Power Project

2010-06-30T22:21:00.000-07:00

On behalf of a coalition of nine individuals and environmental organizations, we filed a lawsuit last week in federal district court alleging that the Minerals Management Service and other officials in the U.S. Department of Interior violated wildlife and environmental laws in granting Cape Wind Associates permission to build 130 wind turbines in federal waters off the Massachusetts coast. Our complaint argues that allowing the project to go forward without further review under the National Environmental Policy Act and the Endangered Species Act risks grave harm to Roseate Terns, Piping Plovers, other migratory birds, and the critically imperiled North Atlantic Right Whale.

Bill Eubanks To Speak At Annual Meeting of the National Conference of Regulatory Attorneys, June 23, 2010

2010-06-16T12:12:00.000-07:00

William Eubanks will be speaking at the 33rd Annual Meeting of the National Conference of Regulatory Attorneys on Wednesday, June 23 at 11:00 a.m. at the Embassy Suites in Charleston, West Virginia. The focus of the discussion will be the recent decision in Animal Welfare Institute v. Beech Ridge Energy, 675 F. Supp.2d 540 (D. Md. 2009), where a federal judge enjoined the majority of construction and operation of an industrial wind energy facility under the Endangered Species Act because such activities, in the absence of an incidental take permit, would unlawfully kill and injure federally endangered Indiana bats.

Summary Judgment Brief Filed in Challenge to Flying Squirrel’s Delisting

2010-06-14T16:12:00.000-07:00

On behalf of Friends of Blackwater, the Center for Biological Diversity, and others, we recently filed for summary judgment in a suit challenging the decision of the Fish and Wildlife Service to remove the West Virginia Northern Flying Squirrel from the protections of the Endangered Species Act. The Service had delisted the Squirrel despite the fact that the agency had not satisfied the requirements of its own formal recovery plan for the subspecies. Our brief seeks to reinstate protections for the imperiled Squirrel.

Meyer To Speak At DC Animal Law Night, June 3, 2010

2010-06-02T11:39:00.000-07:00

Katherine Meyer will be speaking on a panel for the DC Animal Law Night, June 3, 2010, 7:00 – 9:00 p.m., George Washington University Law School, Faculty Conference Center, 5th Floor, 716 20th Street, N.W. Also on the panel are Lisa LaFontaine, President and Chief Executive Officer, Washington Humane Society; Cheryl Leahy, General Counsel, Compassion Over Killing; and Bernard Unti, Senior Policy Adviser and Special Assistant to the President, The Humane Society of the U.S. The panel will discuss various animal law topics with a focus on local D.C. issues. The event is free to the public.

D.C. Circuit Grants Motion To Dismiss Hunters’ Appeal Of Antelope Decision

2010-05-18T14:26:00.000-07:00

Earlier today, the D.C. Circuit Court of Appeals granted our motion to dismiss an appeal by the Exotic Wildlife Association challenging a decision issued last year by Judge Henry Kennedy of the U.S. District Court for D.C. that held unlawful a Fish and Wildlife Service regulation that allowed the “canned hunting” of captive members of three antelope species that are listed as endangered under the Endangered Species Act. We represented a coalition of conservation and animal protection groups and individuals in the challenge to the rule, and successfully argued that the rule violated the requirements of Section 10 of the ESA.

ESA Notice Letter Sent Regarding The Proposed Highland Wind Project

2010-05-17T15:03:00.000-07:00

Last Friday, a coalition of conservation organizations and concerned citizens sent a notice letter to Highland New Wind Development and the Highland County Board of Supervisors notifying both entities that the construction and operation of the proposed wind project in Highland County, Virginia is virtually certain to kill and/or injure federally endangered Indiana bats and Virginia big-eared bats in the absence of an incidental take permit from the U.S. Fish and Wildlife Service.

Article Published on Hunting on National Park Service Lands

2010-05-06T11:59:00.000-07:00

The current issue of the New York University Environmental Law Journal features a note by Jessica Almy, an associate at Meyer Glitzenstein & Crystal, entitled “Taking Aim at Hunting on National Park Service Lands.” 18 N.Y.U. Envtl. L.J. 184 (2010). The article, authored while Jessica was a law student, argues that hunting is contrary to the National Park Service’s conservation mandate and thus should only be allowed where the activity is authorized by Congress and will not result in the impairment of wildlife or natural resources. The note is available online from the NYU Environmental Law Journal.

Summary Judgment Brief Filed In Cape Sable Seaside Sparrow Critical Habitat Suit

2010-04-29T07:52:00.000-07:00

On behalf of the Center for Biological Diversity, NRDC and others we recently filed for summary judgment in a suit seeking critical habitat protection for the highly imperiled Cape Sable Seaside Sparrow. Although the Fish and Wildlife Service has long recognized that the particular habitat at issue – occupied habitat west of Shark River Slough in south Florida – is absolutely essential to the species’ survival and recovery, the agency inexplicably excluded the area in its most recent critical habitat decision.

The brief is attached.

Settlement Reached Over Coal-Fired Power Plant Financing Records

2010-04-08T08:02:00.000-07:00

On behalf of the Sierra Club, we recently settled a Freedom of Information Act case in the U.S. District Court for the Northern District of California against the USDA and the Rural Utilities Service, whereby the government provided numerous records previously withheld from public disclosure regarding federal financing and subsidizing of new coal-fired power plants in Texas and Kentucky.

Amicus Brief Filed in Supreme Court NEPA Case

2010-04-07T09:53:00.000-07:00

On behalf of Defenders of Wildlife, the Humane Society of the United States, and the Center for Biological Diversity, we have filed an amicus brief in a case pending in the U.S. Supreme Court raising significant questions concerning the standards and process for obtaining injunctive relief in cases arising under the National Environmental Policy Act. A copy of the brief is here.

Challenge to FDA’s Delay On Non-animal testing petition

2010-04-06T09:42:00.000-07:00

Today we filed a case in federal district court in D.C. against the Food and Drug Administration challenging its unreasonable delay in responding to a November 2007 rulemaking petition by a coalition of animal protection groups called “The Mandatory Alternatives (MAP) Coalition.” The petition asks the FDA to promulgate regulations that would require manufacturers of drugs and medical devices to use alternative non-animal tests, when feasible, to demonstrate the safety and efficacy of their drugs and medical devices. Animal tests, which costs millions of dollars, often do not produce valid or otherwise usable data, yet inflict excruciating pain and suffering on their animal subjects. The requested regulation would bring the U.S. in line with the European Union which since 1986 has required the use of non-animal testing. Read the Complaint.

Meyer Glitzenstein & Crystal Welcomes New Receptionist LeBaron Frost

2010-04-01T07:41:00.000-07:00

Meyer Glitzenstein & Crystal is pleased to announce that LeBaron Frost has joined the firm as our receptionist/secretary. Bessie Smith, who had been the Firm receptionist/secretary for more than 15 years, has retired and we wish her all the best. Welcome aboard LeBaron.

Public Health Groups Ask The Supreme Court To Hear Tobacco Appeal

2010-02-23T11:30:00.000-08:00

On behalf of six major public health organizations – Tobacco-Free Kids Action Fund, American Cancer Society, American Heart Association, American Lung Association, Americans for Nonsmokers’ Rights, and National African American Tobacco Prevention Network – we have filed a Petition for Certiorari in the U.S. Supreme Court in the long-running litigation brought by the Department of Justice over the cigarette companies’ violations of civil RICO. In 2005, our clients were granted intervention to advocate for the most effective remedies to redress the companies’ misconduct. Although in 2006 the trial court ruled that the companies engaged in a decades-long fraud concerning the health effects of smoking and the nature of nicotine, in May 2009 the D.C. Circuit concluded that the trial court has no authority under RICO to remedy this misconduct by requiring the companies to give up their unlawful profits, or fund programs to help addicted smokers quit smoking. We, and the government, have asked the Supreme Court to accept the case to reverse this decision, and rule that the trial court has broad authority to impose appropriate remedies to address the effects of the tobacco companies’ fraud. A copy of the Petition is here.

Sierra Club et al Moves for Summary Judgment in Cypress Creek Town Center case

2010-02-23T11:07:00.000-08:00

Plaintiffs Sierra Club, Gulf Restoration Network and Clean Water Action have completed summary judgment briefing challenging the construction of the Cypress Creek Town Center in Pasco County, Florida, asserting that the town center will degrade Cypress Creek, designated an Outstanding Florida Water, destroy occupied habitat for the federally listed Wood Stork and Eastern Indigo Snake, and sever a critical wildlife linkage traversing the site.

Plaintiffs SJ Motion

Government SJ Motion

Int. Def. SJ Motion

Plaintiffs SJ Opposition and Reply

Government SJ Reply

Int. Def. SJ Reply

Opening Brief Filed In First Circuit Canada Lynx Appeal

2010-02-22T12:35:00.000-08:00

Today, the Animal Welfare Institute and the Wildlife Alliance of Maine filed their opening brief in the United States Court of Appeals for the First Circuit. The appeal challenges a lower court decision that found a substantive violation of the Endangered Species Act’s strict prohibition on “taking” members of listed species, but failed to craft any declaratory or injunctive relief to remedy the violation. The lower court’s unprecedented result has sanctioned unlawful conduct by the defendant in the case, the Maine Department of Inland Fisheries and Wildlife, effectively giving the defendant a green light to run roughshod over the Act’s mandates.

Plaintiffs Appeal Ringling Brothers Decision

2010-01-29T09:40:00.000-08:00

On January 25, 2010, the plaintiffs filed an appeal of the district court’s standing decision in their case against the Ringling Bros. circus. ASPCA et al. v. Feld Entertainment, Inc., No. 10-7007 (D.C. Cir. 2010).

Conservation Groups Win Battle Over Everglades Mining Permits

2010-01-22T10:51:00.000-08:00

Capping our eight-year legal battle on behalf of the Sierra Club and Natural Resources Defense Council over Corps of Engineers permits authorizing the destruction of thousands of acres of ecologically valuable wetlands immediately adjacent to Everglades National Park, the U.S. Court of Appeals for the Eleventh Circuit has affirmed a ruling by federal district Judge William Hoeveler that the permits were issued in violation of the Clean Water Act and that the destructive mining – which is also occurring in close proximity to the principal drinking water supply for Miami-Dade county – should not proceed at least until the Corps applies a far more environmentally protective standard. Download the Court of Appeals’ opinion here.

Environmentalists Make a Stand for the Northern Spotted Owl

2010-01-11T14:34:00.000-08:00

On behalf of Conservation Congress, we sent a 60-day notice of intent to sue two federal agencies for their repeated violations of the Endangered Species Act. Our detailed letter, sent last week, outlines how the Fish and Wildlife Service and the Forest Service have repeatedly allowed the take of Northern Spotted Owls and destruction of their critical habitat in the Shasta-Trinity National Forest without considering the overall impact on the Owl’s ability to survive and recover. Download Conservation Congress’s press release here.

Judge Issues Decision in Ringling Brothers Case

2010-01-05T10:25:00.001-08:00

On December 30, 2009, Judge Sullivan issued a decision granting judgment for the defendant in the Ringling Bros. case, ASPCA et al. v. Feld Entertainment, Civ. No. 03-2006 (D.D.C.) on the grounds that the plaintiffs lack Article III standing. Because the Judge found that he lacked jurisdiction to hear the case, he did not address the merits of our claims.

Plaintiffs Prevail In ESA Challenge To Industrial Wind Project

2009-12-09T14:42:00.000-08:00

Finding “that there is a virtual certainty that construction and operation of the Beech Ridge Project will take endangered Indiana bats in violation of Section 9 of the” Endangered Species Act, federal district court judge Roger W. Titus enjoined the project from further construction and non-winter operation unless and until an incidental take permit (ITP) is obtained from the Fish and Wildlife Service. Recognizing that Defendants created this “self-imposed plight,” Judge Titus explained that “the only avenue available to Defendants . . . is to do belatedly that which they should have done long ago: apply for an ITP.” As plaintiffs Animal Welfare Institute, Mountain Communities for Responsible Energy, and Dave Cowan advocated throughout this lawsuit, Judge Titus agreed: “The development of wind energy can and should be encouraged, but wind turbines must be good neighbors.” Download the opinion and order here, and the press release here.

New Lawsuit Challenges Delisting of the West Virginia Northern Flying Squirrel

2009-11-12T14:04:00.000-08:00

Today we filed a lawsuit challenging the decision of the U.S. Fish and Wildlife Service to remove the West Virginia Northern Flying Squirrel from the protection of the Endangered Species Act. Friends of Blackwater v. Salazar, No. 1:09-cv-02122 (D.D.C.). On behalf of Friends of Blackwater, The Wilderness Society, Center for Biological Diversity, Southern Appalachian Forest Coalition, Wild South, and Judith S. Rodd, our complaint challenges the agency’s decision to delist the Squirrel without following the agency’s own Recovery Plan for the species and with utter disregard for the best available science. We are asking for the Squirrel, which inhabits mountain forests threatened by logging and climate change, to be returned to the list of endangered species. The complaint and a press release are attached.

Wind Trial Closing Arguments Set for Thursday Morning

2009-10-26T13:50:00.000-07:00

Last week, in Animal Welfare Institute v. Beech Ridge Energy, the federal district court in Greenbelt, Maryland held an expedited trial over claims that the Beech Ridge wind project’s construction and operation will “take” endangered Indiana bats in violation of the Endangered Species Act, and hence requires an “incidental take permit” from the Fish and Wildlife Service. The Court heard testimony from experts on both sides, and the trial will conclude on Thursday, October 29 with expert testimony from Defendants’ last witness followed by both parties’ closing arguments. The trial will resume at 9:00 a.m. Thursday morning in courtroom 2C of the federal courthouse, located at 6500 Cherrywood Lane in Greenbelt, Maryland. The trial is open to the public.

Plaintiff Seeks Records On Well Known Country Singer’s Killing of Cubby The Black Bear

2009-10-13T07:52:00.000-07:00

On Friday we filed for summary judgment on behalf of Showing Animals Respect and Kindness (SHARK), which is challenging the Fish and Wildlife Service’s (FWS) refusal to release records concerning a well-known country singer’s use of a bow and arrow to kill a captive bear – named “Cubby” – in a fenced enclosure. Among other records, SHARK has requested the video the singer made of the killing, which was doctored to make it appear as though he was engaged in a fair chase hunt of a wild bear. Although in killing and disposing of Cubby the singer and his co-defendant violated several federal laws, they received lenient sentences, and SHARK seeks the video and other records to better understand how the government is enforcing laws designed to protect animals.

Summary Judgment Brief

Plaintiffs’ Reply and Pretrial Brief Filed in Wind Lawsuit

2009-09-28T08:16:00.000-07:00

On Friday, we filed Plaintiffs’ Reply and Pretrial Brief in Animal Welfare Institute v. Beech Ridge Energy, which previews for the Court arguments Plaintiffs will advance at trial regarding the “take” of Indiana bats as a result of the Beech Ridge industrial wind project’s construction and long-term operation. The brief was accompanied by rebuttal declarations of three of the nation’s premier bat biologists that reinforce Plaintiffs’ position that Indiana bat deaths and injuries are very likely to occur based on the available data. The trial is set for October 21-23 at the federal district court in Greenbelt, Maryland.

D.C. Circuit Denies Tobacco Companies' Pleas for Rehearing

2009-09-25T12:13:00.000-07:00

Earlier this week the D.C. Circuit denied the tobacco companies’ requests that the Court reconsider a May 2009 ruling in which the Court affirmed Judge Kessler’s landmark decision finding the companies guilty of massive RICO violations. The parties now have 90 days to seek certiorari in the U.S. Supreme Court.

Court Orders USDA to Release Animal Welfare Act Violation Records

2009-09-22T10:57:00.000-07:00

Following a seven year legal battle and a highly unusual trial in a Freedom of Information Act case, the U.S. District Court for D.C. has ruled resoundingly in our favor in a case brought on behalf of In Defense of Animals to obtain USDA investigatory records regarding Huntingdon Life Sciences (“HLS”), a controversial research lab that USDA charged with multiple, serious violations of the Animal Welfare Act but then let off the hook with only token sanctions. The court rejected the USDA’s and HLS’s argument that the records bearing on USDA’s investigation could be withheld as “confidential commercial” information under Exemption 4 of the FOIA, and instead ordered all of the documents at issue to be disclosed within 60 days. The ruling in In Defense of Animals v. USDA, Civ. No. 02-557 (RWR), is attached.

Howard Crystal Testifies Against Polar Bear Import Bill

2009-09-22T10:23:00.000-07:00

Today Howard Crystal testified before the House Subcommittee on Insular Affairs, Oceans and Wildlife against H.R. 1054, a bill that would override current law and allow certain polar bear hunters who have killed polar bears in Canada to imports their “trophies” – i.e., polar bear body parts – into the United States, despite the Bush Administration’s decision that the species requires protection under the Endangered Species Act (ESA). A copy of the written testimony is attached

Hearing Date Set For Kansas City Plant Suit

2009-09-17T10:08:00.000-07:00

The D.C. federal district court has set an October 19, 2009 oral argument date in NRDC v. Chu, No. 08-1709 (PLF) (D.D.C.). This case challenges the Department of Energy’s decision to abandon a highly contaminated nuclear weapons parts manufacturing facility in Kansas City, Missouri and move operations to a greenfield further outside the City, without first preparing an EIS.

Tomorrow's Hearing For Trial Against Ringling Brothers Cancelled

2009-09-15T08:58:00.000-07:00

The final hearing in ASPCA et al. v. Feld Entertainment, Inc., Civ. No. 03-2006 (EGS) (D.D.C.) that was scheduled for September 16, 2009 has been cancelled on the grounds that “additional oral arguments in this matter are unnecessary.” The Court has issued an Order providing that the “record is closed, and this matter is under advisement.”

Court Sets Schedule For All Polar Bear Suits

2009-09-14T07:28:00.000-07:00

The federal district court has issued a schedule for resolution of all cases concerning the ESA listing of the Polar Bear. Eleven separate lawsuits were consolidated into one Multi-District Litigation (MDL) in D.C.. Fours of these suits concern the ban on imports of polar bear body parts – called “trophies” – from Canada, and will be fully briefed by March 2010. Three of those cases challenge whether the MMPA provision for polar bear imports is still in effect despite the listing of the species under the ESA (e.g. Safari Club v. Salazar, No. 08-881). The final case concerns hunter applications for “enhancement” permits, claiming that killing polar bears in Canada and importing their body parts into this country will significantly enhance the survival and recovery of the species (Atcheson v. Salazar, No. 09-941). We represent the HSUS, the International Fund for Animal Welfare, and Defenders of Wildlife in defending the import ban. The Scheduling Order is attached.

Firm Helps Rescue Elephants

2009-09-11T13:12:00.000-07:00

The Fish and Wildlife Service recently confiscated two elephants from a private owner in Texas due to a complaint filed by MG&C on behalf of In Defense of Animals. The elephants – Tina and Jewel -- have been placed at the San Diego Zoo. See http://www.sdnn.com/sandiego/2009-08-22/ap-stories/san-diego-zoo-acquires-two-new-elephants

Trial Date Set for Wind Lawsuit

2009-09-08T14:05:00.000-07:00

Our lawsuit against a massive wind power project that will kill and injure federally endangered Indiana bats (AWI v. Beech Ridge Energy, No. 09-1519 (D. Md.)), is scheduled for trial from October 21-23 at the federal district court in Greenbelt, Maryland. The case challenges a proposed 124-turbine industrial wind energy project as violating the “take” prohibition of Section 9 of the Endangered Species Act, 16 U.S.C. § 1538. We will post our pre-trial brief once it is filed on September 25, 2009

Final Hearing Scheduled for Trial Against Ringling Brothers

2009-09-04T07:27:00.000-07:00

The district court judge has scheduled a final hearing on certain issues in our Endangered Species Act case against the Ringling Bros. Circus challenging the mistreatment of the endangered Asian elephant, ASPCA et al. v. Feld Entertainment, Inc., Civ. No. 03-2006 (EGS) (D.D.C.). The hearing will take place on September 16, 2009 at the federal district courthouse in D.C., 3^rd and Constitution, in Judge Sullivan’s Courtroom, No. 24A, at 11:00 a.m., and will focus on Daubert issues (admissibility and weight of expert testimony) and the pertinent regulatory schemes involved in the case.

New Lawsuit Filed Over Critical Habitat For The Cape Sable Seaside Sparrow

2009-09-03T08:23:00.000-07:00

On behalf of The Center for Biological Diversity and the Florida Biodiversity Project, we filed a lawsuit today challenging the Fish and Wildlife Service’s (FWS) decision to dramatically reduce the amount of critical habitat designated for the critically imperiled Cape Sable Seaside Sparrow. Center for Biological Diversity v. Salazar, No. 1:09-cv-1684 (RMC) (D.D.C.). Pursuant to the Endangered Species Act, the FWS decided more than 20 years ago that additional critical habitat was needed for this species, which is found in and near the Everglades Park and Big Cypress Preserve in southern Florida. Although, as a result of a prior lawsuit, the agency finally proposed to designate more than 150,000 acres, including vital habitat west of Shark River Slough, the FWS ultimately refused to designate any habitat in that area, and reduced by more than half the overall critical habitat designated for the species. The plaintiffs have asked the Court to reinstate the prior designation, and order that the agency make a new designation consistent with the ESA within sixty days. The Complaint is attached.

Meyer Glitzenstein and Crystal Welcomes New Attorney Jessica Almy

2009-09-02T14:39:00.000-07:00

Meyer Glitzenstein and Crystal is pleased to announce that Jessica Almy has joined the Firm as an associate. Ms. Almy completed her J.D. at New York University School of Law last Spring, and also holds a Masters degree in Animals and Public Policy from Tufts University. Prior to law school, she spent five years at the Humane Society of the United States, where she worked on a variety of campaigns including predator control on a national wildlife refuge and the wildlife impacts of an offshore wind power facility. Welcome aboard Jessica.

Motion for Preliminary Injunction Filed in Wind Lawsuit

2009-07-13T10:10:00.000-07:00

On Friday, we filed a motion for a preliminary injunction in the United States District Court in Maryland, requesting that the Court enjoin defendants' further construction, turbine erection, and operation of their industrial wind facility, pending final resolution of the issues before the court. This motion, filed in Animal Welfare Institute v. Beech Ridge Energy LLC, Civ. No. 09-1519 (D. Md.), can be downloaded along with a supporting memorandum below. Additionally, the affidavits relied on by plaintiffs from leading biologists Michael R. Gannon, Ph.D.; Lynn W. Robbins, Ph.D.; and Thomas H. Kunz, Ph.D can be downloaded below.

Motion & Memorandum, and Supporting Affidavits