Press Clips

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Safe Passage - Durango Herald

U.S. Highway 160 underpasses for animals, humans could be part of Obama package, groups say.

Court Cancels EPA Clean Water Act Exemption for Pesticides - Environment News Service

Environmental groups today celebrated their victory as an appeals court vacated a U.S. Environmental Protection Agency rule that has allowed pesticides to be applied to U.S. waters without a Clean Water Act permit.

Vail-area animals need economic stimulus, groups say - Vail Daily

A wildlife crossing over Vail Pass in Colorado is one of several projects a wildlife conservation group wants to see funded in a proposed federal economic stimulus plan being discussed in Washington, D.C.

Lynx one step closer to endangered species protection - The New Mexico Independent

The U. S. Fish and Wildlife Service announced that it has begun the process of offering endangered species protection to the Canada lynx.

Conservation groups sue BLM over greenhouse gases - The Missoulian (AP)

The lawsuit claims the agency violated federal law by failing to prepare any environmental analysis to justify the lease sales and by relying on nearly 30-year-old decisions, which do not address global warming.

Environmental Groups Sue to Stop Bush Midnight Sale of Oil Leases - Courthouse News Service

Plaintiffs say the Bureau of Land Management "rushed to complete the challenged lease sale before a new administration takes office in January 2009. In its haste, the agency failed to complete the analysis required by federal law for the protection of natural and cultural resources."

Government to study lynx protection in NM - Associated Press, KOB.com

The U.S. Fish and Wildlife Service agreed Wednesday to study whether the Canada lynx should be protected in New Mexico under the Endangered Species Act.

Advocates push field burning ban - Register Guard

Governor Ted Kulongoski is calling for an eventual stop to the practice, now that Oregon medical organizations are lining up three-deep behind the ban and a Eugene law group pledges nonstop lobbying and organizing.

Wilderness Association backs U.S. Forest Service in lawsuit - Great Falls Tribune

Conservation groups have come out in defense of the U.S. Forest Service in a travel plan lawsuit brought by motorized user groups.

Settlement Reached In Lawsuit Over Lynx - The Denver Channel

Fish, Wildlife Service Will Decide If Lynx Should Be Protected In N.M.

Greens thwart oil/gas development in sensitive areas - New Mexico Business Weekly

By forming coalitions with regional eco-groups, ranchers, hunters, home owners and local and state legislators, New Mexico Wilderness Alliance has thwarted industry attempts to expand into sensitive areas, including Chaco Canyon, Otero Mesa, the Galisteo Basin, the Rio Chama watershed and the Valle Vidal, north of Taos.

Suit filed over Mac Pass biathlon facility - Queen City News

Jim Posewitz of Helena, a board member of the Hunters and Anglers Association, said that the Forest Service had “left us no other option but to enter into litigation to protect critical wildlife habitat, values, and movement corridors on the Continental Divide”.

Divided on the Divide - Helena Independent Record

Groups content that the biathlon course would impact wildlife traveling through this “corridor” between Yellowstone and northern wilderness areas, including animals on list covered by the Endangered Species Act.

Montana biathlon course challenged - Seattle Post Intelligencer

Critics of a plan to develop a military biathlon course on U.S. Forest Service land about 15 miles west of Helena have filed a lawsuit charging the agency gave scant attention to the project's effect on wildlife.

On the bench for respondents: Lujan v. NWF author, arguer - Endangered Species & Wetlands Report

It has to be a little daunting to stand before a Supreme Court that includes both the author of crucial precedent in your case and the attorney — now the Chief Justice — who argued and won that same case.

Letting it all sink in - Register Guard

Many local residents seem cautiously optimistic over Obama’s victory

Big Sky back in court - Magic Valley Times-News

The groups argue that commissioners failed to consider the feedlot's impact on nearby property, and especially on the nearby Minidoka National Historic Site, where the remnants of a World War II internment camp have been preserved by the National Park Service.

Group joins suit against Jerome County commissioners - AG Weekly

The National Trust for Historic Preservation has joined a broad coalition of Idahoans and state and national organizations as a co-plaintiff in a lawsuit appealing a decision by the Jerome County Board of Commissioners on Sept. 23 to approve an application for a confined animal feeding operation permit near the Minidoka National Historic Site.

Lawsuit filed to stop Idaho feedlot near monument - Seattle Times

A lawsuit has been filed in an effort to prevent a massive animal feedlot from being built near a national historic site in south-central Idaho where about 9,000 Japanese-Americans were confined during World War II.

Supreme Court weighs case on public-land management - Sacramento Bee

In one of the year's most anticipated environmental cases, the court could either narrow or expand the public's power over the Forest Service. Consequently, everyone from homebuilders to California Attorney General Jerry Brown is weighing in.

Hidden wells, dirty water Part 2: Where's the accountability? - Yakima Herald-Republic

Part 2 of a 4 part series on groundwater pollution in the Yakima Valley of Washington State.

Here's why there is no systematic testing - Yakima Herald-Republic

Part 1 of a 4 part series on groundwater pollution in the Yakima Valley of Washington State.

Argument Report: Environmental Groups Out on a Limb? - Law.com

The Supreme Court justices on Wednesday seemed receptive to government arguments that a coalition of environmental groups lacked standing to bring a challenge to U.S. Forest Service regulations because their claims were not tied to a specific site or project.

Supreme Court May Bar Groups From Contesting Federal Rules - Environment News Service

The case centers on a dispute over rules imposed by the U.S. Forest Service, but legal experts contend the court's ultimate decision could have far-reaching impacts and make it nearly impossible for many individuals and third parties to contest rules enacted by federal agencies.

Enviro groups' standing at issue in challenge to Forest Service rules - E&ENews PM

The Supreme Court heard oral arguments today on whether a group of environmental organizations has established standing to contest a series of Forest Service regulations.

Supreme Court Snapshot - Mother Jones

Your guide to the notable cases on the high court's docket.

Endangered birds at risk in Southwest, biologists say - The Zonie Report

The complaint states that officials left several lands out of the preservation plan that scientists said were necessary for the flycatcher’s successful recovery.

Government and green groups set for regulation fight - BusinessGreen

Supreme Court ruling could make it harder to challenge illegal regulations covering everything from forestry to air pollution.

Environmentalists Challenge More Bush Administration Political Interference in Endangered Species Decisions - Center for Biological Diversity

“The Bush administration has the worst record protecting endangered species of any administration since passage of the landmark Endangered Species Act,” said Noah Greenwald, science director for the Center for Biological Diversity.

Field burning ban long overdue; why wait longer? - Register Guard

Gov. Ted Kulongoski’s recent acknowledgment that field burning smoke constitutes a serious threat to public health, coupled with the fact that alternatives to burning are readily available and currently employed by the majority of grass seed growers in Oregon and Washington, means that no one else should be forced to suffer through another season of field burning.

Field burning is best for farmers only - Corvallis Gazette-Times

We arrived in Lebanon to thick smoke — at ground level, and my mom’s hospital room reeked of field smoke.

Expansion Inches Forward at White Pass - The Chronicle

Work Under Way as Appeal Deadline Approaches

Governor’s proposal to curb field burning aired at meeting of commissioners - Register Guard

The bill — to be taken up by the Legislature next year — would cut the acreage that grass seed farmers can torch in the Willamette Valley by half to 32,500 acres in summer 2010 and then to zero in 2011.

Mr. Kenna goes to Washington - Durango Herald

Matt Kenna, an attorney with the Durango-based Western Environmental Law Center, is off to argue before the U.S. Supreme Court. Kenna’s case challenges the U.S. Forest Service’s ability to approve timber sales without environmental review or public input.

A new plan for old fish - Missoulian

Living fossils - some joke they may be more closely related to triceratops than trout, Montana's 500 or so sturgeon have come, finally, to the brink.

Historic Agreement Reached to Save Kootenai River White Sturgeon - Boundary News

"The Kootenai River white sturgeon is on the brink of extinction," said Noah Greenwald, science director for the Center for Biological Diversity. "This historic agreement helps give the sturgeon a shot at survival."

A real face behind the clouds of smoke - The Oregonian

The weather has been almost unbearably hot, and Ike's house is like an oven. But although the windows will be tightly shut tonight, the stench will seep into the small, close bedroom, and sleep will be impossible. Ike will gag, and he will cough, and his body will spasm, and he will cling to his oxygen tube waiting for morning, praying for the smoke to stop. He has no time for litigation, additional studies and long phaseouts.

Medical studies make case to ban field burning - Register Guard

In 1996, a 37-year-old mother of two in Idaho died in two hours from an asthma attack caused by field burning smoke.

Turning desert green comes with caveats - Las Vegas Sun

Utility-scale solar farms would take up thousands of desert acres that are home to several endangered species, including the desert tortoise.

Feel The Heat - Santa Fe Reporter

Behind the headlines, scientists warn that climate change is already hitting New Mexico

Foes urge judges to reject Sandpoint, Idaho bypass - Seattle Times

The major north-south road through the resort town of Sandpoint, Idaho, can be a nightmare in summer months, with a series of 90-degree turns crammed with logging trucks, RVs and pedestrians.

Federal appeals court hears bypass case - Bonner County Daily Bee

The 9th U.S. Circuit Court of Appeals is scheduled to hear oral arguments Monday in the North Idaho Community Action Network’s federal lawsuit over the Sandpoint bypass.

California logging venture is next Supreme Court environment showdown - McClatchy Newspapers

What began as a 238-acre Sequoia National Forest timber sale has drawn in big players on all sides. The fight, pitting California officials against the Bush administration, will determine how easy it will be to challenge future forest decisions nationwide.

Advocates urge field burn warning - Register Guard

Patrons at the Creswell Coffee Company came in from a patio to escape the falling cinders. Employees ran out to roll up their car windows. A monstrous plume of smoke rose in the sky, owner Paul Nordquist said.

Preview: Summers v. Earth Island Institute - Scotusblog

In this case, the Court will consider the justiciability of challenges to the regulations, as well as whether the Ninth Circuit erred in affirming a nationwide injunction prohibiting the Forest Service from applying the regulations.

NV Summit Aims For New "Energy Independence Day" - Public News Service

The Clean Energy Summit opening Monday in Las Vegas is a major event that could determine the future of clean energy production and decide where it will be produced in the West.

Industry, state officials and enviros battle over coal-fired energy - Desert Rock Blog

"In San Juan County, we're talking about an area that's investing heavily in continued dependency on fossil fuels and a carbon economy, and we need to move away from all that," said Erik Schlenker, Taos-based director of the Western Environmental Law Center's southwest office.

Field burn debate flares up - Corvallis Gazette-Times

Field-burning opponents say recent research has shown that the fine particulates in smoke are much more harmful than previously believed, penetrating deep into the lungs and potentially triggering serious health problems, especially in young children, the elderly and people with asthma or other breathing conditions.

States to sue EPA on ship GHG emissions - Marine Log

"Ships, aircraft and industrial equipment burn huge quantities of fossil fuel and cause massive greenhouse gas pollution yet President Bush stalls with one bureaucratic dodge after another," said California Attorney General Edmund G. Brown.

Oregon joins four states in EPA suit - Statesman Journal

Federal government neglected to regulate greenhouse-gas emissions, their lawsuit says.

Environmentalists Plan To Sue Over Tractor Pollution - Oregon Public Broadcasting

Dan Galpern, an attorney for the Western Environmental Law Center, says environmentalists are demanding federal standards - because the Clean Air Act expressly bars states from regulating emissions from non-road vehicles.

California Plans Another Emissions Lawsuit Against EPA - GreenBiz

It is the third lawsuit from California and other states related to greenhouse gas emissions. California has set a goal of reducing emissions to 1990 levels by 2020.

Oregon threatens to sue EPA - KOIN News

“Here in Oregon, we are ready to take the necessary steps to protect our planet from global warming, but the federal government continues sidestep the issue with red tape and bureaucratic delay,” said Oregon Attorney General Hardy Myers.

California To Sue EPA For Failing To Regulate Agriculture Industry Emissions - Imperial Valley News

California Attorney General Edmund G. Brown Jr. today announced California’s plan to sue the U.S. EPA for continuing to “wantonly ignore its duty” to regulate greenhouse gas pollution from agricultural equipment.

Judge OKs emergency grazing program, with limits - Seattle Times

Farmers and ranchers struggling against high grain prices got some help Thursday from a federal judge who cleared the way for an emergency federal program opening private conservation land to hay production and cattle grazing.

State proposes field burning restrictions - Capital Press

Environmental group pushes for immediate ban on practice. "While a phase-down may provide adequate protection at the end of that period, the fact of the matter is, Willamette Valley residents need that protection now," said Dan Galpern of the Eugene-based Western Environmental Law Center.

Blowing smoke, will Kulongoski put out the field fires? - Eugene Weekly

Many Oregonians are hoping for a ban on the burn and attorneys for the Western Environmental Law Center (WELC) say Gov. Ted Kulongoski has the power to do just that. So why hasn’t the governor put out the fires? And if he doesn’t, who will?

Renewing the landscape, Work begins to limit renewable energy’s impacts - Durango Telegraph

As the era of extractive carbon-based energy passes on, conservationists and politicians are working to ensure that renewable energy leaves a lighter mark on the earth.

Group Challenges Another Oil, Gas Lease Sale - The Daily Times

Western Environmental Law Center is challenging today's sale of 80 parcels of federal land in New Mexico and three other states.

Farmers got burnt in the end - Capital Press

Farmers have made changes. They are using more chemicals, and growing different crops. They have greatly reduced the number of acres burned, obtained burning permits, and are allowed to burn only when conditions are considered ideal by regulators.

Keeping the Reserve in Conservation - New York Times

The farmers certainly deserve sympathy, but the potential environmental damage caused by taking these lands out of conservation is far too great.

Sand Creek Byway on Hold - Red Orbit

Construction of the controversial Sand Creek Byway in Sandpoint has been temporarily blocked by an injunction issued by the 9th U.S. Circuit Court of Appeals

BLM rejects oil and gas lease protests - Las Cruces Sun-News

The BLM said it rejected the protests because the agency already addresses greenhouse gas emissions.

Grass Burning issue reignites in Oregon - Associated Press

The practice of grass seed burning has long been the bane of a number of Eugene-Springfield residents. The Eugene City Council and the Lane County Board of Commissioners have rallied against the practice in court and at the Legislature periodically over the past 30 years.

The Southwest desert's real estate boom - Fortune Magazine

From California to Arizona, demand for sites for solar power projects has ignited a land grab.

Owens Valley is the model of what to expect - Las Vegas Sun

As Las Vegas policymakers eye the water beneath Nevada, a scientific debate erupts over the possible effects.

Oil, gas lease protest breaks new ground - The Daily Times

Seven environmental groups are breaking new ground with their protest of an entire Bureau of Land Management oil and gas lease sale.

Greens ask ban on burning Oregon grass-seed fields - Associated Press

If air clear of the smoke from burning fields is a good thing for the Olympic athletes in town for 10 days, it ought to be a good thing for the people who live in the Eugene region year-round, environmentalists argue.

Asthmatics, Law Center Battle for Clean Oregon - Willamette Week

Feel free to take a deep breath, all of you asthmatics, small children, joggers, fast walkers, and, well, anyone else who enjoys clean air. For now, at least.

Olympic trials re-ignite field burning issue - The Oregonian

The Olympic track and field trials, a national sports spectacle that begins next week in Eugene, has stirred the embers of an ongoing environmental debate over field burning.

Law professor wants to use courts to fight global warming - Albany Democrat Herald

“It’s a theory that seems well-suited and perhaps ideal when you’re talking about who owns the atmosphere.” said Greg Costello, executive director of the Western Environmental Law Center.

You don’t even have to burn it. - High Country News

The Western Environmental Law Center has been busy filing legal challenges to BLM oil and gas leases around the West. Nothing new about that. What is new is that these challenges are based on potential impacts to global warming.

Groups challenge oil and gas leases - New Mexico Business Weekly

"This is the first time an entire lease sale in New Mexico has been protested because of greenhouse gas emissions," said Hans Stuart, the BLM's state communications chief.

Second Suit In 2 Days Targets Wolf Program - Red Orbit

For the second time in two days, the U.S. Fish and Wildlife Service's management of the Mexican gray wolf recovery program was targeted by a federal lawsuit filed by conservation groups.

Environmentalists sue Outlook dairy over methanol emissions - Yakima Herald-Republic

While dairies across the country have been sued for various environmental threats, from contaminating water with liquid manure to illegal dumping in irrigation ditches, the lawsuit appears to be the first to target methanol under the federal Clean Air Act.

Environmental group files new lawsuit against Outlook dairy - Tri-City Herald

"The dairies and the agencies responsible for regulating them have ethical and legal obligations to limit the massive pollution they are causing and harm they are doing to the citizens of the Yakima Valley," said Charlie Tebbutt, Western Environmental Law Center

Proposed oil, gas leases in southern Colorado net protests - The Examiner

Proposed oil and gas leases on more than 140,000 acres in a national forest in southern Colorado, including roadless areas, generated several protests.

Citizens file suit against Washington dairy - Seattle Post Intelligencer

The group Community Association for Restoration of the Environment, also known as CARE, says DeRuyter Brothers Dairy in Outlook should be required to obtain permits under the Clean Air Act.

Drilling the Climate: Part I - This is a big deal - Daily Kos

This protest is groundbreaking. As far as I know, a protest of oil and gas leases based on the effects of climate change has never before been attempted. This is a big deal.

Forest Service Bid to Lift Wildlife Protections Met With Lawsuit - Environment News Service

A coalition of 14 conservation groups filed suit today in federal court to block the U.S. Forest Service from implementing a new rule that would remove protections for fish, wildlife, and other resources throughout the 192-million acre National Forest System.

Forest Service Tries Again With Revision of Forest Planning Rule - kgw.com

Conservation groups said they will be back in federal court to again challenge the rule, which was tossed out by a federal judge last year on procedural grounds. They argue that the Forest Service continues to refuse to analyze the potential for causing harm to the environment after taking out a long-standing system of protections for fish and wildlife habitat.

More drilling, more rules - Denver Post

Colorado is proposing a slate of regulations as oil and gas wells proliferate

Politicians ponder smoke-black summer skies - Register Guard

Opponents of field burning say there’s already enough evidence that the smoke is harmful and the commission has been remiss in allowing the practice to continue.

Village at Wolf Creek lawsuit settled - Durango Herald

"This lawsuit and the resulting settlement agreement make clear to the Forest Service and the developers that whatever is proposed for this site in the future will have to be done with full public disclosure and adherence to the highest environmental protection standards." said Geoff Hickcox with the Western Environmental Law Center.

Spotted owl critical habitat upheld by court - Eastern Arizona Courier

U.S. District Judge Susan Bolton in Phoenix upheld the critical habitat designation after a legal challenge by the Arizona Cattlegrowers Association, which had hoped to overturn the designation.

Environmental Groups File Suit Against Los Alamos Lab - The Daily Californian

Based on data collected by the laboratory, the groups allege that the PCB levels at some of the sites were more than 25,000 times than that of the New Mexico human health standards.

Spotted-owl protections upheld in four states - The Denver Post

Ranchers lose their challenge as 8 million acres of Western land is ruled "critical habitat."

Habitat for Mexican spotted owl to stand - San Jose Mercury

"This was a complete victory for the Mexican spotted owl," said Matt Kenna, attorney for the Western Environmental Law Center.

Editorial: Pete, Jeff, Tom: fight for LANL cleanup - Sante Fe New Mexican

Sens. Pete Domenici and Jeff Bingaman, along with Rep Tom Udall of the House Appropriations Committee, should insist on all the dollars it will take to clean LANL's fouled nest.

Environmental groups sue LANL over water