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ADVOCATES FOR THE WEST
2004 Docket
YELLOWSTONE-TO-YUKON PROJECT
Our Y2Y Project seeks to protect and reconnect the wild lands of Idaho within the
Yellowstone-to-Yukon bioregion. Our efforts here extend from the Upper Snake basin in
eastern Idaho, through the Central Idaho Wilderness and the Upper Salmon and Clearwater
basins in central Idaho, up to the Selkirk mountains of northern Idaho.
Bureau of Reclamation Upper Snake/ESA:
Challenge over Bureau of Reclamation’s violations of the Endangered Species Act in
managing Upper Snake reservoirs (above Hells Canyon), for failing to address the
biological needs of endangered salmon and steelhead. Clients: American Rivers,
Idaho Rivers United, National Wildlife Federation.
VARD: Represent an eastern Idaho citizen group in various actions to protect
the Teton Valley from sprawl, and prevent destruction of springs and wetlands.
Client: Valley Advocates for Responsible Development.
Phosphate Mines: Clean Water Act litigation for cross-valley fill mine waste
piles from phosphate mining in southeastern Idaho, within the Yellowstone ecosystem.
These piles are built directly over streams and leaching high levels of selenium,
which poison wildlife and livestock. Clients: Greater Yellowstone Coalition and
Idaho Conservation League (ICL).
Mining in Frank Church/River of No Return Wilderness: Challenging proposed gold
mining within Idaho’s centerpiece Frank Church/River Of No Return Wilderness. Related
litigation has stopped the same miner’s proposed use of a cyanide processing system on
nearby Forest Service land. Clients: ICL; The Wilderness Society.
Valley County Roads And Salmon: Endangered Species Act claims over road
maintenance programs in the South Fork Salmon River drainage, which contribute huge
amounts of sediment to this once-productive salmon spawning river near the Frank Church
Wilderness. Client: ICL.
Sawtooth National Recreation Area: Litigation under NEPA and SNRA Act to protect
wolves, wildlife, and recreation values in the SNRA. Clients: Western Watersheds
Project, Idaho Conservation League.
Lower East Fork Allotment: Won injunction barring grazing in Lower East Fork
allotment to protect sensitive riparian areas, plants and other SNRA values.
Client: Western Watersheds Project (WWP).
Spud Marco Allotments: Litigation challenging Forest Service’ annual grazing
authorizations that violate Forest Plan requirements and allow degradation of streams
and wildlife habitat on Spud and Marco Creek allotments in Salmon Challis National
Forest. Client: WWP.
Salmon-Challis Diversions: Case challenges the Forest Service’s and BLM’s failure
to consult under the ESA over the effect of public land diversions in the Upper Salmon
basin for impacts on salmon, steelhead and bull trout. Clients: Western Watersheds
Project, Committee for the High Desert (CHD).
Salmon Challis Grazing: Litigation over Forest Service mismanagement of grazing
on Salmon/Challis National Forests. Clients: Western Watersheds Project, CHD.
Three Rivers Stone Quarry: Litigation against BLM for approving massive expansion
of stone quarry within Salmon River wild and scenic corridor, in violation of NEPA,
FLPMA, and mining laws. Client: WWP.
Burnt Creek: Litigation over BLM unlawful grazing authorization on Burnt Creek
allotment in Upper Pahsimeroi watershed, allowing damage to bull trout habitat and
Wilderness Study Area. Client: WWP.
Otter Creek: ESA litigation over private diversion on Forest Service land, for
“take” of bull trout. Clients: WWP, CHD.
Lolo Creek Sales: Challenges to 2 related timber sales in the Lolo Creek
watershed on Clearwater National Forest. Clients: Friends of the Clearwater,
Ecology Center.
Whiskey South Project: Federal court litigation over BLM’s approval of 10 million
board feet logging project on South Fork Clearwater River, in violation of NEPA and APA.
Client: ICL.
State Lands/ESA Take: Pursued ESA Section 9 “take” claims over management of
State lands in the Selkirks/Priest Lake area, harming grizzly bear, caribou, and bull
trout. Clients: Idaho Conservation League, Selkirk Conservation Alliance, Defenders
of Wildlife.
RIVERS AND WATER PROJECT
Our Rivers and Water Project seeks to improve and reform water law, enforce water quality
requirements, and help restore Idaho’s rivers and streams. Many of the matters under the other
Projects described in this Docket Sheet involve water or rivers issues as well.
Middle Rio Grande/Silvery Minnow: Represent conservation groups seeking to promote
better management of federal water projects, and to restore flows and protect endangered
species in the Middle Rio Grande of New Mexico, including in Minnow v. Keys litigation.
Clients: National Audubon Society, New Mexico Audubon, Sierra Club, Defenders of Wildlife,
Forest Guardians, Southwest Environmental Center.
SRBA/Wild and Scenic: Represent individual conservationists intervening in settlement
negotiations in the Snake River Basin Adjudication (SRBA) to quantify federal reserved water
rights for Idaho Wild and Scenic Rivers (Middle Fork Salmon, Main Salmon, Selway, Lochsa,
Rapid rivers).
SRBA/Boise Project: Represent individual conservationists intervening in an SRBA
subcase over ownership of storage water rights in Boise Project reservoirs, which are held to
maintain over-wintering flows in the lower Boise River (including through the City of Boise).
Potlatch: Settlement resolving challenges to EPA failure to conduct ESA consultation
and issue new Clean Water Act permit governing Potlatch’s effluent discharges to the
Clearwater and Snake Rivers, which affect migrating salmon and steelhead.
Clients: The Lands Council, Idaho Conservation League, Idaho Rivers United.
Sunnyside Feedlot: Settlement resolving Clean Water Act violations at a feedlot near
Weiser, Idaho, for unpermitted discharges to Snake River and groundwater contamination.
Client: Idaho Conservation League.
Hells Canyon Relicensing: Representing conservation interests in negotiations over
FERC relicensing of Idaho Power’s Hells Canyon Hydropower Complex on the Snake River.
Clients: Idaho Rivers United; American Rivers.
Mid Snake and C.J. Strike Relicensing: We also represent IRU in litigation over FERC
relicensing and biological opinions for Idaho Power’s C.J. Strike and mid-Snake hydropower
projects on the Snake River. Client: Idaho Rivers United.
Star Falls/Eagle Rock proposed hydro projects: Represent Idaho Rivers United in
defending FERC’s denial of a preliminary permit for two new dams on the mid-Snake River in
10th Circuit. Client: IRU.
Lewiston Levees: CWA and ESA claims against Corps for pumping polluted water from
levee catchment ponds into the Clearwater River near Potlatch mill. Client: ICL.
Arctic Grayling: ESA litigation against FWS for failure to list Montana fluvial Artic
grayling as an endangered species. It is only found now in the Big Hole River in central
Montana; and has been a candidate for listing since the early 1980’s. The principal threat
to the species is depleted flows from water withdrawals.
Clients: WWP; Center for Biological Diversity.
SAGEBRUSH SEA PROJECT
Our Sagebrush Sea Project seeks to promote public understanding and protect the
wildlife and biodiversity of the sagebrush/steppe ecosystem of southern Idaho,
northern Nevada and the surrounding region. The habitat values of this Sagebrush Sea
have been degraded and fragmented by grazing, off road vehicles, and other human
activities.
Jarbidge Resource Area: Challenges to “temporary non-renewable” (TNR) and
long-term grazing permits that allow unsustainably high grazing levels, causing
serious declines in sage grouse, native fish, uplands and riparian habitats, and other
ecological violations, in violation of NEPA, FLPMA and Jarbidge RMP.
Clients: WWP, CHD.
Slickspot Peppergrass: ESA and FOIA litigation over FWS’ politically-motivated
determination not to list Slickspot peppergrass (a rare native Idaho desert flower)
under the ESA. Client: WWP.
Grasshopper Spraying: Settlement resolves claims over APHIS plans to spray toxic
chemicals over Idaho lands and waters to control mormon crickets and grasshoppers.
Clients: Xerces Society; WWP; ICL.
Humboldt-Toiyabe National Forest: Settlement with the Forest Service imposes new
deadlines for NEPA reviews, and requires Forest Service to reclassify dozens of streams
and apply higher protections under the Forest Plan. Clients: WWP and CHD.
Nickel Creek Allotment: Administrative appeal of BLM grazing decision for Nickel
Creek allotment in Owyhee Resource Area. Clients: WWP; Idaho Bird Hunters Assoc.
Hardtrigger Allotment: Stopped BLM from implementing behind-closed-doors
settlement with ranchers that would allow destructive grazing and projects on
Hardtrigger allotment in Owyhee Resource Area. Clients: WWP; Idaho Bird Hunters.
Soldier/Paiute Meadows: Litigation in Reno federal court against BLM for
authorizing increased grazing in the habitat of endangered desert dace and Lahontan
cutthroat trout in northern Nevada, under Fundamentals of Rangeland Health and ESA.
Clients: WWP and CHD.
Elko Grazing: Litigation challenges BLM mismanagement of grazing on several
large allotments covering 1.5 million acres in the Elko area, for impacts on sage
grouse and other imperiled species. Clients: WWP and CHD.
O’Neil Transfer: Administrative appeal of BLM decision to transfer grazing
permit to Bert Brackett (major Idaho livestock operator) in O’Neil basin in northern
Nevada (endangered fish habitat). Clients: WWP and CHD.
Robbins Permits, Worland District: Litigation in D.C. federal court against BLM
challenging unlawful settlement with rogue rancher in Bighorn Basin of Wyoming.
Clients: WWP and American Lands Alliance.
BLM FOIA: Freedom of Information Act suit against BLM for refusing to waive fees
for public documents relating to public lands management in southern and eastern Idaho.
Client: WWP.
Pygmy Rabbit: Settlement of federal court litigation against FWS for violating
ESA in not responding to listing petition for pygmy rabbit. Client: WWP.
Ranges West FOIA: Freedom of Information Act suit against BLM for refusing to
disclose public documents relating to hiring contractor in Lower Snake district office
to address environmental disputes. Clients: WWP; CHD.
ENERGY AND SUSTAINABILITY PROJECT
Our Energy and Sustainability Project works for sustainable industrial practices and
energy use/production in Idaho’s major populated areas. In addition to the matters below, it
includes other CAFO, mining, and Clean Water Act matters discussed above.
Desert Rose dairy: Notice letters and investigation of large dairy’s violations of
federal hazardous waste law requirements to report releases of hydrogen sulfide and ammonia,
both of which are on federal lists of hazardous substances.
Client: Idaho Conservation League.
K&W Dairy: Clean Air Act citizen enforcement suit against proposed major dairy for
failing to obtain permit to construct under Idaho’s Clean Air Act program.
Client: Idaho Conservation League.
Air Quality/Simplot Permit: Motion to intervene in administrative appeal of Simplot
Title V air permit for Pocatello phosphate facility.
Client: Idaho Conservation League.
Idaho Power Rate Case: Intervention in Idaho Power’s general rate case before the
Idaho Public Utilities Commission, to promote energy efficiency programs.
Client: NW Energy Coalition.
Renewable Energy: Petition before Idaho PUC to create a new renewable energy program
for PacifiCorp’s territory in eastern Idaho. Client: Northwest Clean Energy Advocates.
Mercury Pollution: Investigating high levels of mercury pollution in Idaho streams,
apparently emitted from northern Nevada gold mining operations.
Client: Idaho Conservation League.
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