Free Republic

WASHINGTON -- Lawsuits filed Thursday that challenge the federal government's approval of a Shell Oil Co. offshore exploration plan present a major test of regulators' power to swiftly review deep-water drilling blueprints. In two separate but overlapping filings, conservationists argue the government was bound by federal law to first finish a post-spill environmental study of the Gulf of Mexico before approving Shell's plan last month. The legal complaints were filed in the Atlanta-based 11th Circuit Court of Appeals — one by the Defenders of Wildlife, Center for Biological Diversity and the Natural Resources Defense Council and the other by Earthjustice,...

TUCSON — A lawyer for environmental activists wants a federal judge to order two U.S. agencies — The Fish and Wildlife Service and the Army — to renegotiate a biological opinion concerning the San Pedro River and its environs contending the two entities have failed to follow the Endangered Species Act. The plaintiff’s attorney, McCrystie Adams, said the continuing growth in the Sierra Vista area is caused by the existence of Fort Huachuca and as more people come to the area, they “are draining the aquifer year after year.” However, a U.S. Department of Justice attorney contends all the requirements...

The U.S. Fish and Wildlife Service erred little when it designated a vast area scattered over six states as critical habitat for the threatened Canada lynx...The designated habitat totals 39,000 square miles... The Fish and Wildlife Service designated the habitat last year, prompting a lawsuit from snowmobile enthusiast groups in Wyoming and Washington state. The groups worry the designation could close off areas to snowmobiling and harm snowmobile-related businesses. She is the wife of Wyoming Gov. Dave Freudenthal, who nominated her for the bench. "We're really pleased she's upheld the designation almost entirely," said Sean Helle, an attorney with the...

the Senator's not so secret advisor on environmental law happens to be his wife: Susan Daggett. Susan Daggett...has worked for the Sierra Club Legal Defense Fund ... a commissioner of the Denver Water Board. In 1998 Susan Daggett, an attorney with Earthjustice Legal Defense Fund ... Susan Daggett returned to Washington to work for the Natural Resources Defense Council. She later was the managing attorney with Earth Justice Legal Defense Fund...

Toxic air pollution spikes from California's 21 refineries may be sharply curtailed in the wake of a U.S. Court of Appeals decision Friday in Washington. In a suit brought by the Sierra Club and other groups, the court struck down a 14-year-old federal regulation thatallowed refineries, chemical plants and other industrial plants to exceed pollution limits during start-ups, shutdowns and equipment outages. Public health advocates in Southern California's oil refinery hub hailed the decision, saying that facilities routinely operate in malfunction mode to evade pollution caps. ... The Environmental Protection Agency regulation amounted to a "gaping loophole," according to the...

In case you haven't noticed, gas prices are soaring, hiking the cost of food and just about everything else. If you believe Hillary Clinton, the blame for all this lies on the shoulders of those greedy oil companies and their bloated profit margins, a notion that like just about every other snake-oil remedy she tries to peddle is simply not the case. We're in the mess in which we find ourselves because of a small handful of people with the money and the power to inflict grievous harm on their fellow humans, whom they just happen to despise. It's about...

Fuel-reduction logging and controlled-burn Forest Service projects on at least 1.2 million public acres would be exempt from the public comment and appeals process under a provision included in a spending bill that a key Senate committee recently approved. Forest Service officials say the measure would reduce the cost and time for high-priority projects... The measure would allow the Forest Service to exempt from the comment and appeals process controlled-burn projects of up to 4,500 acres and fuel-reduction logging projects of up to 1,000 acres... The congressional action comes as the matter remains under litigation, with arguments made in a...

An environmental group sued the U.S. Environmental Protection Agency on Thursday claiming a new regulation over air pollution in the Central Valley is too lax. Earthjustice is challenging the rule over particulate matter with a lawsuit filed in the 9th U.S. Circuit Court of Appeals. In particulate matter pollution, tiny specks of dust and dirt can linger in the air and become lodged in people's lungs, causing numerous health problems, such as asthma. Agriculture in the San Joaquin Valley, one of the nation's most polluted air basins, is one of the leading causes of particulate matter in the region. The...

A conference in Waikiki sparked a protest today over an industry that's beginning to thrive in Hawaii - biotechnology. Police monitored a small group of Native Hawaiians and environmentalists who gathered to protest practices in genetic engineering. Across the street, more than 300 people gathered from around the Pacific Rim to share ideas and compare progress in the larger field of biotech. "The biotech industry isn't paying any attention to the serious risk to human health and the environment of their experiments," said Isaac Moriwake of Earthjustice. "The result is they're turning the people of Hawaii and the lands of...

MISSOULA, Mont. — As the Bush administration prepares to remove Yellowstone's grizzly bears from the endangered-species list, a schism has emerged in the environmental movement over whether the bears remain at risk. The nation's largest environmental group, the National Wildlife Federation, supports delisting the bears, whose numbers have bounced back impressively after three decades of federal protection. But other powerful organizations, including the Sierra Club, the Natural Resources Defense Council and Earthjustice, are threatening to sue the Bush administration if, as expected, it removes Yellowstone grizzlies from the list. "The recovery has been a huge success, but removing federal protection...

SIERRA VISTA - The Center for Biological Diversity and Maricopa Audubon Society are seeking court orders to force several federal agencies, including the U.S. Department of Defense and Fort Huachuca's commanding general, into compliance with the National Environmental Policy Act or the federal Endangered Species Act. The lawsuit, filed Wednesday in federal district court in Tucson, names as defendants the U.S. Department of Housing and Urban Development, U.S. Department of Veterans Affairs, U.S. Small Business Administration, U.S. Fish and Wildlife Service and the U.S. Department of Defense and "Barbara Fast, in her official capacity as commanding general of Fort Huachuca."...

Finally, more than four years after its hideous birth, the Clinton "Roadless Rule" is dead. The Bush administration and the Forest Service just announced a final rule that effectively undoes Clinton's reckless decree. Dying with the "Roadless Rule" are the following: - threats of catastrophic wildfire - threats of forest infestation and disease - lack of public access to public lands - improper resource management - unhealthy forests - top-down federal overreach Recall that Bill Clinton, just eight days before he left office, in the dark of night, penned his infamous, unilateral, executive order that locked up over 58 million...

HELENA, Mont. (AP) - A judge sidelined a copper and silver mine criticized by environmentalists and swank jeweler Tiffany, saying the plan was approved without consideration of the possible harm to imperiled grizzly bears and bull trout. Judge Donald Molloy said the Fish and Wildlife Service inadequately weighed the possible effects of the mining proposal on wildlife that fall under the protection of the federal Endangered Species Act. Revett Silver Co. has proposed developing the Rock Creek mine on the edge of the Cabinet Mountains Wilderness Area in northwestern Montana. Environmentalists praised the Monday ruling. "It's a huge victory for...

WASHINGTON - Environmentalists sued the Bush administration on Thursday over new rules for managing the 192 million acres of national forests. The rules issued in December give managers of the 155 national forests more discretion to approve logging and other commercial projects without lengthy environmental reviews. The lawsuit, filed in U.S. District Court in San Francisco, claims the rules water down protection of wildlife and the environment "to the point where they are virtually meaningless." The suit filed by San Francisco-based Earthjustice on behalf of a coalition of conservation groups said the rules fail to include important environmental protection measures...

WASHINGTON (AP) - Environmental groups filed a federal lawsuit Tuesday to reverse a Bush administration decision to set aside Reagan-era rules aimed at protecting wildlife in national forests. The suit, filed in U.S. District Court in San Francisco, seeks to reinstate a 1982 rule that required the Forest Service to ensure that "viable populations" were maintained of wildlife species that are not endangered, such as elk, Appalachian brook trout and river otters. The administration set aside the rule last month, saying officials now can rely on the "best available science" - a less specific standard - to guide their decisions....

California Environmental Law Challenged by Foreign Investors Using NAFTA; Methanex v. U.S. Hearing Open for Public Viewing June 7 To: Assignment Desk, Daybook Editor, Environment Reporter Contact: Martin Wagner of Earthjustice, 510-550-6700, Marcos Orellana of the Center for International Environmental Law, 202-785-8700, Howard Mann of the International Institute for Sustainable Development, 613-286-5383 News Advisory:WHO: Three-Member Arbitral Panel administered by ICSID (International Centre for the Settlement of Investment Disputes)WHAT: Hearing in the case Methanex Corporation v. United States of AmericaWHERE: Ground Floor of the MC Building of the World Bank (adjacent to the Preston Auditorium), Entrance to broadcast will be the...

I am going to crash this party... Anybody want in? Subject: Experts To Detail Full Scope of Bush Assaults on U.S. Public Lands FYI Rose Correira President Alliance for America http://www.ems.org/advisories/public_lands.html MEDIA ADVISORY FOR: Thursday, February 27, 2003 CONTACT: Elisabeth Ensley, EMS, 202/463-6670 Kalee Kreider, Fenton Communications, 202/822-5200 Experts To Detail Full Scope Of Bush Assaults On U.S. Public Lands Attacks, Giveaways Include National Parks, National Forests, Other Public Lands Coast-to-Coast; Rewriting the Rules to Put Drilling, Logging, Mining Interests Ahead of the Public Interest Washington - The broadest and most aggressive assault in history on America's public lands is...

<p>An environmental advocacy group is suing to stop the first cruise ship visit planned for Moloka'i on Dec. 28, saying an environmental assessment of the potential impact is needed.</p> <p>Earthjustice, on behalf of Moloka'i community group Hui Ho'opakele 'Aina, filed the suit in Maui's second circuit court yesterday arguing that the state must conduct an environmental study because the cruise line Holland America will use state land when it anchors and ferries passengers in its visit.</p>

The Klamath Bucket Brigade Reacts harshly to the Fishermen’s Association's Lawsuit (Lawsuit against Bureau of Reclamation could threaten user water supply) Report By J.J. JohnsonPublished 04. 26. 02 at 15:37 Sierra Time KLAMATH FALLS --   On April 24, 2002, the Pacific Coast Federation of Fishermen’s Associations, EarthJustice, The Oregon Natural Resource Council, WaterWatch, The Klamath Forest Alliance, and several other environmental groups filed a lawsuit in Federal Court in Oakland asking for a temporary restraining order against the Bureau of Reclamation to shut off the irrigation water to the Klamath Project farmers for the month of May, or...