Updates
02/03/2012
Read all about the conservation cases our team took on in 2011.
01/27/2012
If you are in Boise next Monday, January 30, come watch Advocates for the West attorney Todd Tucci in action. He'll be using his legal expertise to protect the Great Basin population of Greater sage-grouse. Judge Winmill will preside. Kristin Ruether will provide co-counsel.
We are pleased to represent Western Watersheds Project.
Come support the Advocates for the West team as they work to safeguard the West's iconic wildlife and special places!
Monday January 30, 10:00am
US District Court 550 W. Fort St., Courtroom 3, Boise
01/27/2012
Just this week, the U.S. District Court for the District of Arizona ruled in our favor in the Fossil Creek case challenging a U.S. Forest Service plan to allow livestock grazing in habitat for the threatened Chiricahua leopard frog in central Arizona's Coconino National Forest.
The court held that the Forest Service violated the National Environmental Policy Act (NEPA) and the U.S. Fish and Widlife Service violated the Endangered Species Act (ESA). This case will force the agencies to reexamine their grazing systems to ensure that the ecological needs of the forests and imperiled wildlife species are met before permitting livestock in these fragile desert ecosystems.
Stay tuned, though, because this case may just be getting interesting as the parties are commencing the remedies phase of this litigation, which means that Advocates for the West will be asking for some injunctive relief modifying or barring livestock grazing until the agencies comply with the law.
Advocates for the West attorney Todd Tucci represented our conservation partner Center for Biological Diversity in this case.
01/25/2012
Two Mining Projects Threaten Health of Boise River
Please attend the Idaho Families for Clean Water presentation on the CuMo mineral exploration project in the Grimes Creek watershed and the Atlanta Gold exploration project in the Middle Fork Boise watershed.
January 25, 7:00pm, MK Nature Center, 600 S. Walnut Street, Boise, Idaho.
There is important information to share about both mineral exploration projects.
* Atlanta Gold Company continues to discharge arsenic-laden water to a tributary of the Middle Fork Boise River. Kristin Ruether, Advocates for the West, will report on the court action against Atlanta Gold.
* Local groups have sued the Forest Service for allowing Mosquito Gold to expand exploration activities without adequate enviornmental review. Bryan Hurlbutt, Advocates for the West, will report on the case.
* We've captured many fantastic images of the Grimes Creek watershed and the proposed site of the CuMo mega mine. Mountain Visions has created a multimedia presentation using the latest in digital technology that takes the audience right to the site.
We'll have refreshments, and there will plenty of time for questions.
01/13/2012
Monday January 9, U.S. District Chief Magistrate Judge Williams determined Atlanta
Gold Corporation is illegally polluting Montezuma Creek, a tributary of the
Boise River near Atlanta, Idaho, with toxic levels of arsenic and iron,
constituting over 1,400 violations of the Clean Water Act.
The Idaho Conservation League and Northwest Environmental Defense Center,
represented by Advocates for the West, had brought a Clean Water Act suit
against the company for illegal discharges of arsenic and iron.
"From fishermen to families, this is a huge victory for everyone who values
clean water," said Andrew Hawley with the Northwest Environmental Defense
Center.
"This is a strong message to Atlanta Gold and to any other Canadian mining
company that wants to open up shop in Idaho that the public will hold them
responsible if they pollute Idaho's rivers and streams," said John Robison,
Public Lands Director of the Idaho Conservation League. "Mining companies
who promise one thing and then try to walk away and leave the public with
polluted and expensive cleanup costs are not welcome here."
The arsenic and iron are discharging from mine workings that Atlanta Gold
controls. The U.S. Forest Service found that Atlanta Gold's exploration
activity likely worsened the arsenic flows coming from a historic mine
shaft.
Atlanta Gold had previously committed to cleaning up the arsenic. Following
a settlement with the Idaho Conservation League over the arsenic pollution,
Atlanta Gold constructed a pilot water treatment facility and obtained a
permit from the EPA which limited the amount of arsenic they could release.
However, Atlanta Gold never complied with the terms of the permit. At times,
the arsenic levels were more than 400 times Idaho's drinking water
standards. The Boise River provides over 20% of the City of Boise¹s drinking
water.
"Judge Williams affirmed that Atlanta Gold Corporation is liable for these
violations and can't simply walk away from its pollution. The next stage is
determining what is going to be required of Atlanta Gold Corporation to
clean up their toxic mining pollution and what penalties are in order," said
Laird Lucas, Advocates for the West.
01/03/2012
On January 3, 2012, Advocates for the West filed a complaint on behalf of Idaho Conservation League against EPA for failing to comply with its duty under the Clean Water Act to either approve or disapprove Idaho water quality standards which aim to protect people who consume fish caught in Idaho's lakes and rivers from toxins. The State of Idaho adopted the water quality standards in 2006, and the standards reflect an increase in the estimated fish consumption rate in Idaho. Until EPA takes action, people who consume large amounts of fish caught in Idaho risk excessive exposure to toxins.
12/15/2011
Today, Advocates for the West submitted the Opening Brief on behalf of Idaho Conservation League, Idaho Rivers United, and Golden Eagle Audubon Society in a challenge to the Forest Service approval of Canadian mining company Mosquito Gold’s plan to explore for copper and molybdenum in the headwaters of Grimes Creek on nearly 3000 acres of Boise National Forest land.
The mountainous project site, located 14 miles north of Idaho City, consists mostly of ponderosa pine and Douglas fir forest and is dissected by many tributaries of Grimes Creek. The site provides suitable habitat for numerous species of wildlife, including “sensitive species” such as great grey owl, northern goshawk, and wolverine. The rare flower Sacajawea’s bitterroot—known to exist only in central Idaho’s mountains—inhabits the site.
Despite Mosquito Gold’s ambitious proposal to clear 69 acres of vegetated land, build over 10 miles of new roads and 137 drill pads and mud pits, and operate four drilling rigs 24/7 throughout most of the year to drill 259 exploratory wells up to 3,000 feet deep, the Forest Service made a “finding of no significant impact” and approved the exploration.
The Opening Brief asks the Federal Court for the District of Idaho to halt Mosquito’s exploration and have the Forest Service conduct necessary studies on sensitive species and consider the water quality impacts from drilling adjacent to contaminated historic mining sites.
12/14/2011
Laird Lucas, Todd Tucci, and Natalie Havlina, on behalf of Western Watersheds Project, just filed a Motion for Remedies in our two groundbreaking Resource Management Plan 'test cases'. Earlier in the fall, we won a ruling from District Judge Winmill that BLM violated federal law when adopting Resource Management Plans for the Pinedale Field Office in Wyoming and Craters of the Moon National Monument in Idaho without considering how energy development, livestock grazing, and other actions adversely impact greater sage-grouse.
The motion for remedies outlines the actions that Western Watersheds Project is asking for to restore the publc land, including ordering BLM to fully assess sage-grouse habitats while limiting adverse impacts of grazing and energy development in the interim. We are using the momentum built by the victories of these two test cases to challenge more broadly BLM's failures to protect sage-grouse across the West.
12/07/2011
Advocates for the West, and our clients Western Watersheds Project and WildEarth Guardians, are one step closer to improving protections for the Mono-Basin Sage-Grouse, a genetically unique population of the imperiled greater sage-grouse.
On December 7, 2011, we filed our opening brief in a lawsuit that challenges BLM's decision to reauthorize livestock grazing during the summer nesting and brood-rearing season in some of the most important breeding habitat in the Mono Basin. This opening brief will be one of several briefs that Judge Mueller of the Eastern District of California reviews before deciding the case. Judge Mueller will hear oral argument on March 14, 2012 in Sacramento.
11/02/2011
Idaho Statesman writer, Rocky Barker, writes a great recap on staff attorney Kristin Ruether's argument yesterday to protect the treasured Boise River from Atlanta Gold's arsenic pollution.
11/02/2011
Share some Autumnal cheer at Advocates For the West's Fall Porch Party!
Wednesday November 2, 5:00-7:00'ish
1320 W. Franklin, Boise, 83702
Join us, and bring a friend, at Advocates for the West's Fall Porch Party! We will gather at our downtown Boise office for hot spiced cider, beer, wine and snacks while building the conservation community and friendships.
Laird Lucas, and the staff, will share some of our recent successes and give you a little insider scoop on our 2012 priorities. Hope to see you! Be sure to bring your friends and family along! The more the merrier!
Inquiries: Contact Aimee Moran at amoran@advocateswest.org or 208-342-7024 ext. 210.
11/01/2011
Want to see some Advocates for the West courtroom action?
You're in luck!
Kristin Ruether will be arguing a Clean Water Act case against Atlanta Gold Corp. to protect the headwaters of the Boise River from arsenic and iron pollution. We are representing Idaho Conservation League and Northwest Environmental Defense Center. Read more...
Tuesday, November 1st, at 10:30a.m. in Judge Williams Courtroom at the U.S. Courthouse, 550 W. Fort St., B
09/28/2011
Advocates for the West has won a groundbreaking victory in one of the largest environmental law cases ever filed, the BLM RMP case. This case challenges 18 Resource Management Plans that govern BLM’s management of over 25 million acres of public land around the West. The Craters of the Moon National Monument in Idaho and the Pinedale Field Office in western Wyoming were selected as “test cases” for the first round of briefing.
Today, Judge Winmill ruled in our favor on these two test cases, holding that BLM violated the National Environmental Policy Act and the Federal Land Policy and Management Act in issuing the RMPs for Craters of Moon and Pinedale. Specifically, BLM violated NEPA in refusing to consider reductions in livestock grazing in the RMP for Craters of the Moon and in failing to consider how energy development will impact sage-grouse in combination with livestock grazing in the Pinedale Field Office. BLM also violated FLPMA by disregarding its own National Sage-Grouse Habitat Conservation Strategy and Sensitive Species Policy in issuing the new RMPs.
Read Judge Winmill's decision below.
08/05/2011
Administrative Law Judge Sweitzer has, for the second year in a row, granted our request to postpone construction of new fences or water developments on the GMCA until after the merits of our appeal have been resolved.
Judge Sweitzer's decision is based on his conclusion that we are likely to prevail on the merits of our claim that BLM failed to consult with the interested public about the 2011 Decisions. Under BLM's grazing regulations, they are required to "consult, cooperate and coordinate" with the interested public about changes in grazing management, including the construction of fences. In spite of the fact that BLM has consulted, cooperated and coordinated with the permittees dozens of time since 2008, it has not extended the same courtesy to the public once.
We will now proceed to litigate the merits of the appeal on behalf of Western Watersheds Project and other concerned citizens.
Read the Order below.
08/05/2011
Advocates for the West continues to hold the federal government responsible for habitat destruction in the West.
In a brief filed last Friday, Advocates for the West's Senior Staff Attorney Todd Tucci took on the Bureau of Land Management (BLM) for violating federal laws as well as its own management plans and regulations.
Historically the Greater sage-grouse ranged across 12 western states and 3 Canadian provinces, interconnected by sagebrush habitat. Now gone from several states and continuing to dwindle, the current range is 44% of the historic range.
Five allotments in southwestern Idaho's Bruneau and Owyhee Field Offices, totaling almost 327,000 acres of mostly BLM-administered public lands, contain key habitat for the Greater sage-grouse. BLM decided to continue grazing on these already degraded public lands, finding no significant impact to the sage-grouse population, despite scientific evidence to the contrary.
BLM failed to consider the landscape as a whole and that sage-grouse travel between field offices. BLM also failed to listen to their own biologists when it was shown that the degradation occurring was due to livestock overgrazing. Instead, BLM seemed to focus on appeasing private livestock interests versus caring for the public trust.
Read the Opening Brief below.
Advocates for the West is representing Western Watersheds Project in this case.
07/27/2011
Representing conservation groups, residents and recreationists, Advocates for the West filed a complaint today challenging the Forest Service's approval of mining exploration at the headwaters of the Boise River for copper molybdenum (CuMo). Mosquito Gold, a Canadian mining company, is seeking to construct 259 drill holes and over 10 miles of new roads through beautiful country in the mountains northeast of Boise. The capital city receives 20% of its drinking water from the Boise River, making this project very controversial.
“The mining industry’s track record across the landscape is clear: boom and bust cycles, leaving contaminated water for the public to clean up,” said Pam Conley of the Audubon Society.
According to the EPA, mining is the number one toxic polluter in the US.
Advocates for the West's Laird Lucas and Roger Flynn of the Western Mining Action Project are working together to respresent the plaintiffs in this case.
Read the complaint below.
07/12/2011
U.S. Magistrate Judge Michael Clarke ruled in our favor that the Forest Service had not done the necessary analyses to protect newly discovered sensitive species before continuing to authorize livestock grazing that trampled habitat for these species. The Judge ruled that the Forest Service had violated the National Forest Management Act and the National Environmental Policy Act by failing to assess the impacts of grazing on newly discovered sensitive plants and mollusks and the Oregon spotted frog even after damage from cows was documented by the agency's own scientists. He also ruled that the agency had violated the National Environmental Policy Act by authorizing grazing on Round Meadow without any environmental analysis after that meadow had been closed to grazing for seven years to rehabilitate it. In response, the Forest Service reduced grazing on the allotment by 1/3 and again closed Round Meadow to grazing for the 2011 grazing season, and is in the process of completing a long-term management plan for the area.
We will continue to monitor grazing until this long-term plan is completed to ensure the Forest Service is adequately protecting this unique habitat!
07/11/2011
Today Advocates for the West filed a petition for reconsideration asking Hearing Officer Duff McKee to reconsider portion of his June 27th Recommended Decision on Exxon/Imperial mega-loads up Highway 12. Read the Petition here:
06/28/2011
The latest Bureau of Land Management decisions for the Green Mountain Common allotment in Wyoming would add 40 miles of new fences, authorize the use of ATV's off-road, and allow livestock grazing in excess of both the historic average and the allotment's carrying capacity.
As the largest expanse of unfenced public land in the lower 48 states, the Green Mountain Common is important habitat for big game species, pronghorn antelope, sage-grouse, pygmy rabbit, and more. Historic grazing practices on the Green Mountain Common have caused serious damage to the entire allotment, including its unique system of riparian sloughs that provide valuable water and carbon storage services. BLM's decisions to add more livestock, build fences that kill wildlife, and allow ATVs to tear up habitat violate numerous legal authorities, including the Federal Lands Policy and Management Act, the Fundamentals of Rangeland Health, and the BLM's own management plan.
Advocates for the West has filed an administrative appeal with the Department of the Interior and asked the Hearing Officer that no new fence construction or off-road ATVs be used until the appeal is resolved.
06/27/2011
Hearing Officer Duff McGee made his ruling on Monday, recommending that Idaho Transportation Department give Exxon/Imperial Oil permits to transport megaloads of industrial equipment on Idaho's Highway 12. Read his decision below.
We have 14 days after the ruling to file a motion for reconsideration.
06/16/2011
In an Amended Complaint filed late June 15, 2011, the Federal Highway Administration (FHWA) was added to the case against the US Forest Service for failing to protect the Northwest Scenic Byway and Wild & Scenic Clearwater/Lochsa Rivers of north central Idaho from degradation by "megaloads" bound for the Alberta Tar Sands in Canada.
FHWA violated its responsibillites by refusing to enforce transportation laws, the Corridor Management Plan, and the terms of the Highway Easement Deed to prevent the expansion of the easement. The United States Forest Service violated its duty to protect the Wild and Scenic qualities of the gorgeous river corridors by approving unnecessary tree trimming in the Clearwater National Forest.
The Middle Fork Clearwater/Lochsa Rivers were among our country's first rivers to be designated Wild & Scenic by Congress which later led to FHWA designating Highway 12 a scenic byway and All-American Road.
05/23/2011
Advocates for the West filed their post hearing brief in the case to prevent Idaho's Highway 12 along the Lochsa and Clearwater Rivers into becoming Big Oil's high-and-wide corridor to the Alberta Tar Sands. The decision to change "wild and scenic" to "high-and-wide" industrial corridor is now in the hands of the Hearing Officer.
Representing locals and concerned groups, Advocates for the West presented evidence for two weeks that converting Highway 12 into an industrial high-and-wide corridor is bad for Idaho and for our way of life.
We are expecting a decision from Hearing Officer Duff McKee in early June.
Thank you to Fighting Goliath, Friends of the Clearwater, our expert witnesses, the Nez Perce Tribe, and so many more for taking time to speak out for the Idaho we all love and enjoy.
Please read our post hearing brief below.
05/23/2011
After Advocates for the West filed a lawsuit on behalf of the Idaho Conservation League, Atlanta Gold suddenly wants to abandon their responsibility to clean up after itself. Arsenic and heavy metals from the mine's adit are currently leaking into Montezuma Creek, a tributary of the Middle Fork Boise River.
Atlanta Gold is now claiming that because the Forest Service permit for this particular adit has expired they are no longer responsible for the cleanup. Meanwhile the Candian mining company continues to explore other mines in the same area on hundreds of acres of our public lands.
Read the recent Idaho Statesman article and editorial below. Your comments are valued and appreciated.
04/25/2011
You can follow the Highway 12 Mega-Loads hearing on Spokesman Review reporter, Betsy Russell's, Blog "Eye on Boise". http://www.spokesman.com/blogs/boise/
04/19/2011
The Public Lands Council has issued a Petition for Writ of Certiorari, asking the United States Supreme Court to review the United States Court of Appeals decision to reverse Bush-era grazing regulations.
After a 2007 victory, the livestock industry appealed to the Ninth Circuit United States Court of Appeals. Not only did the Court reaffirm our previous victory, it strengthened the decision. Now the Public Lands Council is asking the United States Supreme Court to review the Ninth Circuit decision.
Advocates for the West is representing Western Watersheds Project, Ralph Maughan, Idaho Wildlife Federation, Idaho Conservation League, Natural Resources Defense Council, and the National Wildlife Federation in this case.
04/14/2011
Sage Grouse Prevail - A federal judge has ordered BLM to close to livestock grazing 17 allotments in the Jarbidge Field Office in southwestern Idaho, and has given Simplot Livestock and other permittees about two weeks to remove all livestock from the closed areas. Animating the court's decision was the continuing collapse of sage-grouse populations and habitat. The Court has ordered an evidentiary hearing on Simplot's motion to lift the injunction, and thus this 7 year-old case is just getting started. Stay tuned.
04/04/2011
The Canadian mining company Mosquito Gold is proposing what could be among the largests open-pit mines on earth right on the headwaters of the Boise River - drinking and irrigation water for Idaho's moist populous area and home to wildlife such as great grey owls and northern goshawks.
"Idaho has enough mining pollution. We are appealing the project because of the negative impacts to ground and surface water, birds, wildlife, and other resources," said Pam Conley, President of the Golden Eagle Audubon Society.
Acting on behalf of Sierra Club, Idaho Rivers United, Idaho Conservation League, and the Golden Eagle Audubon Society, Advoactes for the West filed an appeal to the Forest Service, asking them to reconsider the permit that they issued to Mosquito Gold to expand exploration, creating new roads, crossing streams, constructin hundreds and drill pads and drill holes, all on public land.
"Mining is the number one toxic pollutor in the U.S. We are sending a clear message that Mosquito Gold won't find it easy to do anything that might put Idaho's clean water at risk," said John Robison, Public Lands Director for the Idaho Conservation League.
03/14/2011
Advocates for the West filed its opening brief in WWP v. Kempthorne, our case challenging 18 Resource Management Plans (RMPs) covering over 25 million acres of western public lands. The brief explains how BLM's adoption of the two court-designated "test" RMPs, Craters of the Moon in Idaho and Pinedale in Wyoming, violated federal environmental laws. It also shows how BLM bowed to political pressure and ignored its own scientists when deciding to adopt these Bush-era RMPs.
Read the brief below.
03/01/2011
In a decision late yesterday, Chief Judge B. Lynn Winmill of the Federal District Court held the Bureau of Land Management, Simplot and other corporate ranchers to the terms of an earlier agreement and enjoined livestock grazing on 17 livestock grazing allotments on the Jarbidge public lands of southern Idaho.
Read the press release below for more information.
02/23/2011
Update on the stalled ConocoPhillips megaload: The phone message as of Tuesday evening reports that the megaload parked at Kooskia will remain there "for the next few days waiting for weather conditions to improve..." You can reach the message line for ConocoPhillips at 1-866-535-0138.
The Idaho Tranportation Department (ITD) Press Release reports that the Exxon/Imperial test shipment will also be delayed until March 7. ExxonMobil asked for and recieved an extension from ITD. According to ExxonMobil, the oil giant is waiting for equipment to tranport the test run that won't arrive in Lewiston unitl March.
Monitors reported that on both Saturday and Tuesday mornings it appeared that a crew was conducting some mechanical work, which ITD called "routine"
Monitoring continues but more monitors are needed. If you, or someone you know, is interested, please email Brett Haverstick at Friends of the Clearwater (foc@friendsoftheclearwater.org) for more information.
02/23/2011
Advocates for the West has today filed a Petition To Reconsider with the Director of the Idaho Transportation Dept., asking him to withdraw the February 14, 2011 decision approving over-legal permits for 207 mega-loads that ExxonMobil and its Canadian affliate, Imperial Oil, seek to haul up Highway 12 along the Clearwater and Lochsa rivers. The Petition cites news reports that Exxon/Imperial are already cutting up the loads at Lewiston to send them a different route, and shipping more loads from Vancouver via interstate highways. "These facts completely undercut Exxon's assertions over the last year that they have to use Highway 12 for these mega-loads," said Laird Lucas, Executive Director.
We also filed a Petition to Intervene on behalf of the Friends of the Clearwater to participate in the "contested case hearing" that ITD will be conducting over the Exxon/Imperial mega-loads.
02/22/2011
Monday night saw no movement of the second megaload heading to Montana. It is not expected that ExxonMobil will act on its permit and take a test load up Highway 12 tonight either.
Read Advocates for the West's Executive Director Laird Lucas' take on the goings-on at last night's Missoulian link below.
As Borg Hendrickson reported in her email yesterday, "As you know, in no more than 1-3 vehicles at unobstructive staggered times on assigned segments of the route, Idaho and Montana residents have been monitoring the first 2 shipments. Several monitors have had interactions with Idaho State Police shipment 'escorts.'" She also notes Northern Rockies Rising Tide weighing in on the subject of using state police for private companies. Visit FightinGoliath.org to sign up for Borg Hendrickson's informative emails.
02/21/2011
The second megaload left Lewiston last Thursday night, reportedly causing no violations in delays but scraped some lightpoles along the road. Seven trucking companies rearranged their schedules to allow easier passage for the second megaload which made it to Kooskia (mile post 73.7) at 4:15 am Saturday morning, ahead of schedule.
Winter weather got worse and the megaload stayed in position Saturday night for, as Idaho Transportation Department (ITD) claimed, "routine vehicle maintenance". It was expected to leave Sunday evening, weather permitting.
Sunday evening arrived with more winter conditions and Adam Rush, spokesperson for ITD, said the load would be delayed Sunday evening as well.
ExxonMobil is set to send their test megaload up Highway 12 on Tuesday.
First megaload photo (photoshopped) courtesy of Dave King.
02/18/2011
Idaho Tranportation Department (ITD) gave Emmert International the go-ahead to take the second, heavier, longer megaload up Wild and Scenic Highway 12. ITD required a revision of the travel plan after the first megaload caused nearly hour long waits and scraped along cliff walls. Reportedly, Emmert International made "significant changes" to the traffic control plan and made changes to "safely cross bridges" as the first load was 34,000 pounds heavier than planned.
While the second megaload reportedly cause no delays longer than 15 minutes, some lightpoles were scraped by the load. Read the latest media from links below.
02/14/2011
Over the weekend, the first megaload reached Montana and was met with protest. Read media coverage, including video of the protest, below.
If you have pictures of megalods or story, please email us at info@advocateswest.org.
02/10/2011
The Idaho Transportation Department (ITD) issued a press release late yesterday describing the megaload travel plan over the next couple of days. Travelling 30 miles per night, ITD estimates that the load will reach Montana Thursday night/Friday morning. Read the press release below.
In another story that broke today, Imperial Oil, the Canadian counterpart of ExxonMobil, tries to dispell the "rumor" that their 200+ shipments will be scaled down and tranported on the Interstate. Spokesperson for Imperial Oil said that they "remain committed" to using Highway 12. Read the Missoulian article below.
02/09/2011
Boise Weekly has been closely following the megaloads as the case unfolds. This article contains an admission from Idaho Transportation Department that they have approached by Korea's Harvest Energy, who is interested in shipping their megaloads on Wild and Scenic 12 as well.
02/08/2011
ConocoPhillips has run into some snags during their trek through the north.
Currently, General Winter is being blamed for stopping the megaloads in their tracks.
But after a weekend of side-swiping cliff walls, leaving a trail of debris in the road, and holding up traffic for up to 59 minutes, the Idaho Transportation Department has required the oil giant to revise their traffic plan before the loads can continue. It is unclear whether the plan has been revised.
See the links below for the latest news on the megaloads.
Watch the Friends of the Clearwater monitoring video from klew news link.
02/07/2011
The media coverage of ConocoPhillips' Megaloads reported several violations to the traffic plan Idaho Transportation Department (ITD) approved for the transport of over-legal loads through Idaho on Highway 12. ITD is now requiring a new traffic plan before the loads can roll, presumably this evening weather permitting.
See the weekend media links below.
02/04/2011
Although required to keep delays under 15 minutes, Idaho Transportation Department's spokesman Adam Rush reported today that there were 10 delays that violated the rule, one delay as long as 59 minutes. A sharp curve between Greer and Kamiah were to blame for the delay.
Read the AP story below
Photo by Ken Hagele.
01/25/2011
Two conservation groups and three American Indian tribes filed suit today to protect a mountain valley adjacent to Great Basin National Park in Nevada from a poorly-sited industrial wind energy project approved by BLM with minimal environmental review. The Spring Valley Wind Energy Project is a mere 4 miles from one of the largest bat caves in the Great Basin, home to up to one million Mexican free-tailed bats during their fall migration. Bats are uniquely vulnerable to death from wind turbines from a phenomenon known as "barotrauma." The project site is also home to rare and imperiled wildlife such as the greater sage grouse, pygmy rabbits, and golden eagles. The project area is also a sacred site to Western Shoshone tribes.
Advocates is representing Western Watersheds Project and Center for Biological Diversity in this case. We filed the case in conjunction with the Confederated Tribes of the Goshute Reservation, the Duckwater Shoshone Tribe, and the Ely Shoshone Tribe, who are represented by EchoHawk Law Offices of Pocatello.
01/24/2011
Advocates for the West filed for a Preliminary Injunction to halt livestock grazing during the 2011 season on half a million acres on the Green Mountain Common allotment (GMCA) in Wyoming in an attempt to stop further degradation of the area.
A core area for sage-grouse and major corridor for big game migrations, the GMCA is the last unfenced public lands of this size in the lower 48. The Bureau of Land Management has allowed damaging livestock grazing to degrade watersheds, soils and wildlife.
01/10/2011
Advocates for the West today filed formal "exceptions" with the Idaho Transportation Department director, Brian Ness, asking him to reject Hearing Officer Clark's recommended findings and conclusions on the Conoco mega-shipments up Highway 12.
The filing blasts the hearing officer for giving a "one-sided, unfair, clearly erroneous" view of the facts, and for making legal errors as well. READ THE EXCEPTIONS HERE:
01/07/2011
Advocates for the West has won another court victory protecting public lands in the Pahsimeroi Valley.
Four grazing allotments on your public land in central Idaho's stunning Pahsimeroi Valley were under scrutiny in this case. The Bureau of Land Management (BLM) authorized grazing permits on Trail, Grouse, Meadow and Rock Creek allotments without conducting the thorough study of the impacts required by law. Advocates for the West brought this case on behalf of Western Watersheds Project.
The Honorable Judge Lodge of the U.S. District Court for the District of Idaho agreed with us on all three of our claims: that BLM violated the law by not analyzing the impacts to endangered bull trout, by refusing to consider a no- or low- grazing alternative when evaluating the impacts, and by failing to study the cumulative impacts of grazing in the area.
As the Court put it: "NEPA (National Environmental Policy Act) requires BLM decision makers to take a "hard look" at the environmental impacts of their decisions; it does not allow BLM to rubber stamp applications in order to maintain the status quo. . . . When, as here, BLM disregards the law, it disregards the public interest and undermines its own credibility."
The Court ordered BLM to develop a new Environmental Assessment (EA) and new grazing decisions within one year or grazing cannot continue.
"This decision is important because it requires BLM to take another look at the negative impacts grazing causes to bull trout and sage-grouse in this beautiful area. The effects of grazing need to be thoroughly analyzed, without shortcuts," said Kristin Ruether, Advocates for the West's attorney on the case.
Thank you to WWP's Katie Fite and Larry Zuckerman for their expertise and dedication on this case.
01/06/2011
The book we have been waiting for is here! Heart of the Monster by Rick Bass and David James Duncan is now available in bookstores. The authors did an incredible job illustrating what was thought of as a local issue having global impacts. This book will engage and enrage you and is a must read for anyone worried about the future of our planet.
Read the story behind the book below.
Buy the book from All Against the Haul below.
12/28/2010
Hearing Officer Merlyn Clark issued his proposed findings and conclusions today in the Conoco coke drum mega-shipments up Highway 12. Mr. Clark recommends that the Conoco permits be allowed. READ THE DECISION HERE:
12/10/2010
Advocates for the West just completed the "contested case" hearing over Conoco mega-shipments up Highway 12 in central Idaho. The hearing was packed with media and interested persons -- and demonstrated numerous problems with the ITD permit process. Spokane reporter Betsy Russell was there and blogged about the events throughout the hearing -- her reports give a great sense of the testimony and the hearing. READ BETSY RUSSELL'S BLOG HERE.
The hearing has generated substantial media elsewhere -- including an editorial from the Lewiston paper that ran this weekend. READ THE EDITORIAL HERE.
12/06/2010
In the second round of this case, Plaintiffs Wolf Recovery Foundation and Western Watersheds Project challenged APHIS Wildlife Services for failing to conduct any environmental analysis of the impacts of its wolf control actions. Wildlife Services kills many wolves each year in the state of Idaho that are believed to have attacked livestock. These wolf killings often remove many wolves from the same pack or sometimes entire packs. Yet the agency has never taken a hard look at the impacts of these wolf killings, in violation of the National Environmental Policy Act. Plaintiffs had a court hearing on December 6, 2010 for this claim and are awaiting a final decision from the Court.
11/24/2010
Hearing Officer Merlyn Clark issued a recommended order today, finding that our clients -- residents, property owners, and small business people on Highway 12 -- have a "direct and substantial interest" in the proposed ConocoPhillips mega-shipments up the scenic Clearwater and Lochsa river corridor, and thus must be allowed to intervene to oppose the Idaho Transportation Dept. permits for these massive shipments.
The hearing officer also ruled that the Conoco mega-loads cannot roll until a formal "contested case" hearing is completed, following the recent Idaho Supreme Court ruling on this matter. This means that the Conoco shpments will remain in storage at the Port of Lewiston pending further proceedings.
"This is a great victory for the residents and business people along Highway 12," said Executive Director Laird Lucas, who appeared before the hearing officer last Friday. "We look forward to a full airing of all the facts and impacts of these mega-shipments."
READ THE DECISION HERE
11/05/2010
After the parties partially settled this case, the Forest Service still tried to move the remainder of Plaintiffs' case from the Northern District of California to the Eastern District of California. In a short but sweet Order, the Court denied this motion and retained the case. Now the parties finally can get to the merits of this case!
11/02/2010
The Idaho Supreme Court just released a decision in our case challenging ConocoPhillips' proposed mega-shipments of oil refining equipment up Highway 12. Although the court's 3-2 decision technically reversed our district court victory, the ruling was procedural -- and helps us by clarifying that Idaho Transportation Dept. must follow "contested case" procedures before issuing the Conoco permits. "This decision is important in directing that ITD should allow the public full participation in determining whether to allow these massive shipments up Highway 12," said Executive Director Laird Lucas, who argued the case in the Idaho Supreme Court on October 1st. "We will be filing a new motion with ITD this week to follow up on this ruling," he added. READ THE RULING HERE:
10/22/2010
In our latest challenge to Big Oil's plans to ship massive equipment up Idaho's scenic Highway 12, Advocates for the West this week filed a Petition for Contested Case Hearing with the Idaho Dept. of Transportation. "This petition seeks a full and public hearing on the proposed Exxon shipments, instead of the secret, behind-closed-doors deals that ITD has evidently been making with Big Oil," said Executive Director Laird Lucas. READ THE PETITION HERE:
10/04/2010
The New York Times editorial entitled: "The Public Trust" highlights two recent Advocates wins and reports that these "two decisions have now reasserted the public interest." "These lands do, after all, belong to the public," added the Times. The government's job is to make sure that all ranchers are good stewards of the land, "by ensuring transparency in its leasing operations, upholding environmental laws and reminding leaseholders that they hold their leases in trust for the rest of us." We couldn't have said it better ourselves!
09/13/2010
On September 13, 2010, the District Court of Idaho granted Advocates for the West a victory in an important case under the Freedom of Information Act, and ordered the BLM to disclose to the public basic information on its grazing program – including the names of livestock permittee’s authorized to grazing the public lands.
For the past 10 years or so, BLM has repeatedly refused to disclosure the names of ranchers it allows to graze private livestock on the public lands across the west. BLM claimed that disclosing this basic information would cause an unwarranted invasion of privacy – even though these ranchers operate on the public lands. And without this information, the public was unable to determine who grazed the public lands, on which allotments, and with how many livestock.
In 2009, Advocates sued the BLM, claiming that it was violating FOIA by withholding this information, and Advocates argued that the public interest in BLM’s grazing program outweighed any nominal privacy interests. On September 13, 2010, the District Court of Idaho agreed with Advocates, and held that there was “substantial public interest in understanding the scope of the grazing and rangeland program, particularly in light of the environmental impacts associated with grazing and the amount of tax dollars spent on the grazing program itself.” This case is an important victory limiting BLM’s ability to hide information from conservation groups, and the general public as well.
Advocates’ Senior Attorney Todd C. Tucci handled this case, and we represented WildEarth Guardians and Western Watersheds Project on this case. Advocates would like to thank everyone involved in this case, including, in particular, Mark Salvo of WildEarth Guardians, for all of his tireless work on this case.
09/01/2010
On September 1, 2010, the Ninth Circuit affirmed and upheld Advocates’ June 2007 victory reversing the Bush-era grazing regulations!
Although the government did not appeal the 2007 decision, the livestock industry did and appealed to the Ninth Circuit Court of Appeals. Not only did the Ninth Circuit reject the industry's arguments, they strengthened the decision. In affirming Advocates’ victory, the Ninth Circuit permanently enjoined the implementation of these regulations.
08/24/2010
Judge Bradbury this afternoon issued a 16 page decision in our favor, holding that Idaho Transportation Dept violated its own rules in approving four mega-shipments by ConocoPhillips up Highway 12 along the Clearwater and Lochsa Rivers. This is a sweeping ruling for our clients and confirms that ITD failed to consider public convenience and safety in bowing to Big Oil's desires to turn Highway 12 into a "high and wide" corridor. READ THE OPINION HERE:
08/17/2010
Great News! District Judge John Bradbury issued a temporary restraining order today blocking Idaho Transportation Dept. from allowing ConocoPhillips to ship massive oil refining equipment up the Clearwater-Lochsa corridor. The court cited the "great damage" the shipments might cause and that ITD "may be violating its own regulations" in approving them. The TRO lasts until Friday this week, when a preliminary injunction hearing is scheduled in Grangeville.
08/16/2010
Representing three local residents and business owners, Advocates for the West today filed suit in Idaho County court asking for an injunction to stop the Idaho Transportation Dept. from allowing ConocoPhillips to haul massive oil equipment up Highway 12 along the Clearwater and Lochsa Rivers. A ruling on the injunction is expected before Weds. READ the petition, injuction motion, and affidavits here.
08/12/2010
Advocates for the West is challenging Big Oil's plans to turn the Lochsa wild and scenic river into a "high and wide" corridor for hauling massive oil field equipment to the tar sands of Alberta. We have recently submitted comments to both Idaho Transportation Dept. and US Forest Service outlining their legal violations in allowing Big Oil's plans.
08/06/2010
Advocates for the West recently helped broker an innovative settlement between WWP and El Paso Pipeline Corp. to establish a $15 million Sagebrush Habitat Conservation Fund. The Fund will work to retire grazing permits on a willing seller basis to mitigate for impacts of the 650-mile Ruby natural gas pipeline on sage-grouse and other sagebrush species.
08/02/2010
We've received a victory in our challenge of a BLM grazing plan for the Burnt Creek allotment, located within the Pahsimeroi Valley's Burnt Creek Wilderness Study Area! This stunning area is located in the shadow of Borah Peak in the rugged Lost River Range.
On behalf of Western Watersheds Project, Advocates challenged a BLM environmental analysis and decision to reissue a 10-year grazing permit on this allotment, arguing that BLM had failed to analyze impacts of the proposed grazing and fencing on the wilderness values of the Wilderness Study Area.
The U.S. District Court for the District of Idaho agreed, overturning the decision and explaining that the "environmental analysis fails to address whether the wilderness values of the Burnt Creek WSA . . . will be impaired by (1) the BLM's decision to allow grazing on this allotment, and (2) the cumulative effects of this decision and other grazing permitted across the entire Burnt Creek WSA." The full decision is linked below.
07/20/2010
The Payette National Forest has issued its final EIS and Record of Decision that closes 70% of the domestic sheep allotments on the forest to protect bighorn sheep populations in Hells Canyon and the Salmon River Canyon. This decision is the culmination of efforts by Advocates for the West and our clients to achieve protection for bighorn sheep in these areas by permanent closure of domestic sheep allotments within bighorn sheep habitat. Numerous groups have appealed this decision, and Advocates for the West will likely be back in Court to continue the fight to protect bighorn sheep.
07/12/2010
07/08/2010
On July 8, 2010, Advocates for the West appealed a BLM-planned horse roundup and removal in northeastern Nevada. In the Tuscarora Roundup, BLM is planning on rounding up and removing over 1,200 wild free-roaming horses from the public lands. The roundup is set to occur within days of "peak foaling season" and during the middle of the summer heat, which BLM has acknowledged may harm wild horses, especially new foals and pregnant mares. Advocates for the West is representing leading animal rights advocates In Defense of Animals, and Nevada-based ecologist Craig Downer. Please see attached appeal for more information.
07/02/2010
We have enjoyed exceptional success and rapid growth in recent years, and are now looking to add an experienced and aggressive Development Director to assist us with the next phase of our organization growth and development.
07/01/2010
Follow us on twitter to stay up to date on new cases, bulletins, events and other on goings.
06/28/2010
The Center for Biological Diversity and WildEarth Guardians have joined Western Watershed Project as our clients challenging the U.S Fish and Wildlife's decision to deny ESA protection for the Greater Sage Grouse.
06/11/2010
Great news! We've received a preliminary win on one of our most bizarre cases - our challenge to the Bureau of Land Management's (BLM's) cancellation of a grazing permit for reasons related to failing to graze enough.
The grazing permit is associated with the Greenfire Preserve on the East Fork of the Salmon River, home to salmon and steelhead protected under the Endangered Species Act and spectacular wildlife and scenery. The permit is held by Valley Sun, LLC and managed by Western Watersheds Project (WWP), both represented by Advocates attorney Kristin F. Ruether.
BLM's attempt to cancel the permit came despite the fact that BLM admits that the rest from grazing has allowed significant habitat recovery.
An Administrative Law Judge agreed with Advocates that the permit must not be cancelled during the pendency of the case. The judge relied upon a report prepared by pro bono geologist Don Clarke demonstrating the possibility of harm from grazing on the allotments' steep terrain. In contrast, any "harm" to BLM from resting the allotments was speculative and insubstantial.
Many thanks to geologist Don Clarke for preparation of his critical report, and to Brian Ertz, Debra Ellers and Dale Grooms of WWP for additional extensive monitoring. Thank you!
06/10/2010
Check out Advocates for the West's Spring/Summer 2010 issue of Case Notes, our bi-annual newsletter. Read case updates and victories!
Table of Contents:
- Defending Wilderness and Wolves in Central Idaho (page 1)
- Sage Grouse Deserve ESA Protection - but Still Don't Get it (page 3)
- Victory Helps Protect Washington State Wildlife Areas From Grazing Damage (page 4)
- Soldier Meadows Settlement Protects Black Wilderness in Nevada (page 5)
- Preserving Open Space and Sage Grouse in Green Mountain Common, Wyoming (page 6)
- Keeping Idaho Water Clean and Pure (page 7)
- Staff Updates and Thanks to our volunteers (page 8)
- Our Supporters (page 9-10)
- Events (page 11)
- Board of Directors and Staff (page 11)
Please email us with corrections, questions, comments or concerns you may have so we may address them. Thank you for all your support!
06/01/2010
On June 1, 2010, Advocates put the BLM on notice that its authorization of livestock grazing on the Mud Springs Allotment in southwestern Idaho is violating the Endangered Species Act. Advocates recently discovered that BLM is refusing to consult with the expert scientists within the U.S. Fish and Wildlife Service over the impacts that grazing is having on the threatened Slickspot peppergrass, and, instead, is entering private agreements with ranchers to delay consulting with agency scientists. By allowing grazing without first consulting with agency scientists, BLM is violating the ESA, and Advocates intends to hold BLM accountable. This is likely the first of many incidences of BLM's blatant violation of the ESA. Stay tuned.
06/01/2010
On June 1, 2010, Advocates for the West sued the Forest Service and the U.S. Fish and Wildlife Service to protect the threatened Chiricahua leopard frog, Lithobates [Rana] chiricahuensis, from livestock grazing in the Fossil Creek watershed of central Arizona. Advocates' Senior Attorney, Todd C. Tucci, is representing the Center for Biological Diversity in this lawsuit.
In April 2009, the Forest Service issued a permit to J.P. Morgan Chase & Co. - the financial giant, and recent recipient of $25 billion taxpayer bailout - authorizing J.P. Morgan to graze the public lands within Fossil Creek Range allotment. The Forest Service allowed J.P. Morgan to increase grazing in important habitat for the Chiricahua leopard frog and other sensitive wildlands, despite the Forest Service's own study showing that the forest lands could not support this level of use. The Forest Service study concluded that much of the area was already degraded due to past grazing and persistent drought.
05/19/2010
In a landmark decision, Administrative Law Judge Harvey C. Sweitzer has granted our motion to stop the construction of new fences on Wyoming's Green Mountain Common allotment. As one of the largest unfenced areas in the lower 48 states, the Green Mountain Common provides unique open space and crucial habitat for wildlife, including the imperiled greater sage-grouse.
ALJ Sweitzer agreed with Advocates for the West that BLM likely violated the National Environmental Policy Act by approving the fences without addressing their negative impacts. He emphasized that a stay is appropriate because the U.S. Fish and Wildlife Service has determined that the greater sage-grouse "warrants" protection under the Endangered Species Act.
ALJ Sweitzer's decision is significant because it is the first time that a judicial body has enjoined BLM from undertaking an activity harmful to sage-grouse on the basis of the U.S. Fish and Wildlife Service's March 2010 "warranted" determination.
Advocates for the West is proud to represent Western Watersheds Project, WildEarth Guardians, and several individuals is this on-going matter.
04/26/2010
Advocates Sues to Protect Clean Water
On behalf of our client Idaho Conservation League, Advocates for the West sued the U.S. Environmental Protection Agency (EPA) last week claiming that the EPA failed to adopt rules to protect water in Idaho from degradation.
Idaho contains over 106,000 miles of rivers and streams, and over 100 lakes and reservoirs within state boundaries. These rivers, lakes, streams, and wetlands not only provide great natural beauty, but they supply the water necessary for drinking, recreation, industry, agriculture and aquatic life. Unfortunately, only a small fraction of these waters are meeting minimum standards for desired water quality. According to the Idaho Department of Environmental Quality ("DEQ"), only 27% of Idaho's streams are currently meeting state water quality standards for one or more pollutant. The DEQ has failed to even monitor 37% of all waters within the state.
Under the Clean Water Act, EPA is required to issue rules protecting the water quality and health of these waters. EPA has failed to issue these rules - contributing to the degradation of Idaho's waters. EPA's violoation is especially problematic because the State of Idaho and EPA have repeatedly neglected to adopt any antidegradation implementation plan in nearly 40 years since Congress passed the Clean Water Act.
Advocates for the West teamed up with the Idaho Conservation League to force EPA to comply with the Clean Water Act, and issue new rules and regulations requiring EPA to protect and restore the chemical, physical, and biological integrity of our waters.
04/15/2010
The Thurston County Superior Court ruled that WDFW’s action in approving the latest Asotin grazing permit was arbitrary and capricious, noting that the agency had disregarded its own scientists’ concerns about wildlife.
03/08/2010
Representing our client Western Watersheds Project, we filed a complaint in Idaho federal court on Monday, March 8, 2010 to challenge the decision by US Fish and Wildlife Service that greater sage-grouse will not be listed under the Endangered Species Act -- even though the Service now admits that the science shows sage-grouse warrant ESA protection.
The Service announced this "warranted, but precluded" finding on Friday, March 5th, and it received much media attention -- including articles in newspapers across the country.
We previously won a ruling in December 2007 that the Service acted unlawfully in finding that sage-grouse listing was "not warranted" under the ESA, a result of political tampering under the Bush Administration. Now the Service's scientists have thoroughly reviewed the best available science, and confirmed that sage-grouse are declining due to loss and fragmentation of sagebrush habitat across the Interior West. Yet still politics intervened to prevent the listing.
On Monday, June 28, 2010 WildEarth Guardians and Center for Biological Diversity joined Western Watershed Project as our clients challenging the decision.
Our latest lawsuit will seek to compel the Service to promptly issue a proposed listing rule so that the imperilled sage-grouse receives the ESA protection it urgently needs. READ THE AMENDED COMPLAINT HERE:
02/08/2010
On February 3, 2010, Advocates for the West sued the U.S. Fish and Wildlife Service over its violation of the Endangered Species Act in refusing to determine if the pygmy rabbit warrants protection under the ESA. This case is now the third time we have had to sue the Service for its continued and repeated violations of the ESA with respect to our efforts to protect the pygmy rabbit.
Back in 2007, a federal court ordered the Service to determine whether pygmy rabbits needed protection under the ESA, which the Service has failed to do. In the meantime, scientific evidence continues to mount, which shows that rabbit populations and habitat are continuing a downward spiral toward extinction. This lawsuit is seeking to force the Service to acknowledge this science, and protect the pygmy rabbit under the Endangered Species Act.
02/03/2010
EMERGENCY INJUNCTION MOTION TO BLOCK HELICOPTERS IN FRANK CHURCH WILDERNESS: On 2/3/10 we filed an emergency injunction motion to prevent US Forest Service and Idaho Fish and Game Dept. from landing helicopters this winter in the Frank Church Wilderness. The agencies seek to operate and land helicopters in the Wilderness to dart and collar wolves, in violation of Wilderness Act and NEPA.
Dozens of supporters of The Wilderness Society, Great Old Broads For Wilderness, Idaho Conservation League, Wolf Recovery Foundation, Winter Wildlands Alliance, Wilderness Watch, Sierra Club, and Western Watersheds Project filed supporting declarations attesting to the harm they will suffer if the helicopter landings in Wilderness are allowed. READ THE DECLARATIONS: http://www.advocateswest.org/case/central-idaho-wolves
12/30/2009
In another precedent setting decision, the Idaho federal court ruled that BLM violated its grazing regulations by authorizing livestock grazing on the 70,000-acre Nickel Creek allotment in the Owyhee Plateau of southwestern Idaho without imposing mandatory terms to protect streams and fish and wildlife habitat. This ruling followed a 4-week trial in which an Administrative Law Judge found that BLM failed to follow basic scientific principles in its grazing management on the Nickel Creek allotment, despite extensive degradation caused by too many cows on the allotment.
12/29/2009
On December 16, 2009 Special Master Booth of the Snake River Basin Adjudication ruled that the Atlanta Gold mining company could not rely on technological difficulties or historic gold prices to excuse its forfeiture of three water rights in the headwaters of the Boise River. The mining company hoped to reclaim the water rights in order to recommence open pit and underground mining using diesel fuel, propane, and other hazardous chemicals. In view of Special Master Booth’s ruling, Atlanta Gold has withdrawn its claim to the water rights.
11/17/2009
Idaho settles anti-discrimination lawsuit agreeing to pay legal fees and revise rules governing leasing of state endowment trust lands to not discriminate against bids to use the lands for conservation.
10/14/2009
Advocates wins a ruling in U.S. District Court protecting bighorn sheep. Judge Lynn Winmill ordered a western Idaho rancher to not graze domestic sheep on his BLM allotment. The decision will protect wild bighorn sheep from catching deadly diseases which pose dire risks to entire bighorn populations.
09/28/2009
Staff attorney Laurie Rule has just filed an emergency motion for an injunction to stop BLM from allowing domestic sheep turnout on the Partridge Creek allotment, because of dangers posed to the last remaining native Bighorn Sheep population in the Salmon River area of central Idaho.
Our litigation previously forced the Forest Service to close several domestic sheep allotments in the surrounding Payette and Nez Perce National Forests, based on agency and independent science showing that bighorn sheep can catch fatal diseases from domestic sheep. Yet the BLM refuses to follow the Forest Service's lead, and is allowing sheep grazing to continue on the Partridge Creek allotment.
An injunction hearing is set for 9:30 AM on October 6, 2009, in federal court in Pocatello.
08/28/2009
The BLM has just instructed all staff to stop using "categorical exclusions" to avoid environmental analysis of grazing permits and vegetation treatments on 160+ million acres of federal public lands across the West.
The new Instruction Memorandum is part of a court-approved settlement of our lawsuit challenging the Bush Administration's August 2007 adoption of a new "categorical exclusion policy," which purported to authorize BLM to sidestep NEPA's requirements in grazing management.
READ THE INSTRUCTION MEMORANDUM HERE.
08/01/2009
THREE NEW CASES FILED TO PROTECT PAHSIMEROI AND LEMHI WATERSHEDS.
Advocates for the West filed three new cases in June and July 2009 for client Western Watersheds Project, suing the US Forest Service and Bureau of Land Management over their legal violations in managing public lands in the Pahsimeroi and Lemhi watersheds of central Idaho.
The Pahsimeroi and Lemhi watersheds offer vital habitat for endangered fish -- including salmon, steelhead and bull trout -- as well as sage grouse, pygmy rabbits, and other sagebrush species. Yet the federal agencies continue to authorize livestock grazing and grazing-related water developments and diversions without accounting for the harms they cause to these imperiled species and their habitats. These three cases are the first of a suite of lawsuits aimed at improving habitat conditions in the Upper Salmon basin.
07/30/2009
The July 30th edition of the Sheridan Press covers the Bighorn National Forest litigation quoting Advocates' attorney Natalie Havlina. You can find the article in the linked PDF. Look for the article on the first page in the upper left and continued onto the second page.
07/09/2009
The recently published article linked below aptly points out the hypocrisy of Western Senators 'self-reliant' talking points and subsidy based policy decisions.
05/07/2009
District court denied BLM motion to dismiss RMP case, or to sever "non-Idaho RMPs" and transfer them to five other states.
03/19/2009
The 18 land use plans that BLM approved in the waning months of the Bush Administration determine long-term management on more than 25 million acres of key sage-grouse habitat in Idaho, Nevada, California, Utah, Wyoming and Montana. As the lawsuit explains, BLM failed to study the harmful effects of grazing plus energy development and other actions on sagebrush habitat and sage-grouse populations; and it refused to take the steps its own 2004 Sage Grouse Habitat Conservation Strategy requires to prevent further declines in this imperiled species.
03/19/2009
The case takes on several hundred grazing permits, oil and gas leases, and other management decisions that BLM also issued near the end of the Bush Administration, affecting sage-grouse in the Great Basin region of Idaho and Nevada. The Great Basin still holds one of the last remaining "core" sage grouse populations, but they are suffering from habitat losses and degradation -- which BLM's decisions only worsen. Again, BLM refused to study the harms that these decisions together will have upon the public lands and sensitive species, including sage-grouse.
03/19/2009
Advocates for the West has recently filed two major new lawsuits on behalf of our client Western Watersheds Project, which together challenge BLM decisions that harm sage-grouse on more than 35 million acres of public lands in the Interior West.
Both these cases target Bush Administration decisions that open up the public lands to more energy development, livestock grazing, and other harmful industries, thus ensuring that sage-grouse continue a downward spiral toward Endangered Species Act listing.
02/27/2009
In a ruling issued late Thursday February 26, 2009, Chief U.S. District Judge B. Lynn Winmill granted an injunction to Western Watersheds Project over BLM grazing management on 36 allotments covering more than 625,000 acres of public lands in the Jarbidge Resource Area of southern Idaho.
