Our Endangered Ecosystems Project uses law and science to protect public lands, fish and wildlife, and biological diversity in key ecosystems of the Interior West.

These extend from the Selkirk Mountains of northern Idaho and Washington south through the Clearwater, Upper Salmon and Upper Snake basins in the Yellowstone-to-Yukon corridor. They also include the Owyhee/Jarbidge Canyonlands of southern Idaho, the Great Basin in Nevada and Utah, and other parts of the high desert “Sagebrush Sea” in the Intermountain West. Our 2005 cases here include the following (also see Rivers and Water Project, below, for additional matters):

Selkirks/Woodland Caribou: Litigation in U.S. District Court for the Eastern District of Washington to protect endangered Selkirk woodland caribou from impacts of motorized recreation. Won injunction in December 2005, preventing snowmobile trail grooming into critical winter habitat for caribou. Clients: Defenders of Wildlife, Conservation Northwest, The Lands Council, Selkirk Conservation Alliance, Idaho Conservation League, Center for Biological Diversity.

Selkirks/Old Growth Logging: Working with expert scientists and clients to monitor logging proposals and bring potential litigation over state and federal lands management in Selkirk Mountains and Priest Lake of northern Idaho, particularly for old growth logging and road impacts on endangered bull trout, grizzly bear, and caribou. Clients: Idaho Conservation League; Selkirk Conservation Alliance.

Clearwater/Brick Trout: Won federal court challenge to four related Forest Service timber sales to log over 40 million board feet of old growth habitats in Lolo Creek drainage on the Clearwater National Forest, for failure to study direct and cumulative impacts to water quality, fisheries, and wildlife habitat. Clients: Friends of Clearwater; Ecology Center.

Clearwater/Whiskey South: Following week-long trial in U.S. District Court, won decision reversing BLM’s largest proposed timber sale in Idaho, to log 12 million board feet in South Clearwater drainage for ostensible purposes of controlling fire risks. District Court ruled that BLM was arbitrary and capricious in claiming that the logging would not impact water quality, fisheries, or wildlife habitats; and that BLM did not accurately assess historic fire regimes. Clients: Idaho Conservation League; Friends of Clearwater.

Mining in Frank Church/River of No Return Wilderness: Continued working with clients to block proposed new gold mine in Idaho’s Frank Church/River Of No Return Wilderness. Prior litigation stopped the same miner’s planned use of a cyanide processing system on nearby Forest Service land. Clients: Idaho Conservation League; The Wilderness Society.

Upper Salmon/Stone Quarry Mining: Won federal court holding that BLM violated NEPA in failing to prepare Environmental Impact Statement for expansion of Three Rivers Stone Quarry – now the nation’s largest flagstone quarry – within the Wild and Scenic corridor of upper Salmon River. Injunction allows mining to proceed within existing mine pit while BLM completes EIS, but limits further expansion. Client: Western Watersheds Project.

Upper Salmon/Public Land Diversions: Continued litigation over archaic irrigation diversions on public lands in Upper Salmon basin, which harm endangered salmon, steelhead and bull trout. Partial settlement requires Forest Service to study ways to improve diversions on its lands. In briefing and argument before U.S. Court of Appeals for the Ninth Circuit, we also defended a District Court ruling that BLM has discretionary authority to regulate historic (pre-FLPMA) diversions on BLM lands, and must consult under Endangered Species Act over their effects on listed fish (9th Circuit decision still pending). Clients: Western Watersheds Project; Committee for the High Desert.

Upper Salmon/North Sheep: Challenge to Forest Service sheep grazing permits in Fisher Creek, Smiley Creek and other Sawtooth National Recreation Area allotments (Stanley Basin), based on agency’s failure to follow Sawtooth Forest Plan findings that 80% of the allotments are too steep and erosive for grazing; and to protect sage grouse, bighorn sheep, bull trout, and high-altitude lakes. Clients: Western Watersheds Project; Randall Hermann, MD.

Upper Salmon/Spud Marco: Challenging Forest Service grazing authorizations that violate Forest Plan requirements and allow degradation of streams and wildlife habitat on Spud and Marco Creek allotments (East Fork Salmon River drainage), based on client’s documentation that fences and spring developments are non-functional yet the agency continues authorizing excessive grazing. Won court decision upholding these innovative legal challenges and setting case for trial; settlement now pending. Client: Western Watersheds Project.

Upper Salmon/Otter Creek Diversion: After five years of litigation, including summary judgment and appeal, finally resolved litigation over antiquated rock-and-tarp diversion (Panther Creek drainage) that caused “take” of bull trout, after federal agencies agreed to require a modern infiltration gallery and fish screen, thus reducing diversion amount by half and allowing instream fish passage. Clients: Western Watersheds Project, Committee for the High Desert.

Upper Snake/Teton Valley: Continued to represent an eastern Idaho citizen group in seeking to protect the Teton Valley from sprawl, and prevent destruction of springs and wetlands. Client: Valley Advocates for Responsible Development.

Sagebrush Sea/Grazing Regulation Rollbacks: Filed federal court complaint and injunction motion in July 2005, which stopped BLM from implementing grazing regulation changes sought by ranching industry to gut the Fundamentals of Rangeland Health ecological requirements, and exclude public involvement in grazing decisions. Client: Western Watersheds Project.

Sagebrush Sea/Pygmy Rabbit: Settlement of federal lawsuit requires U.S. Fish & Wildlife Service to determine whether to approve petition to list the pygmy rabbit, a sage-steppe obligate species that is North America’s smallest rabbit and endangered by grazing and other human impacts. Client: Western Watersheds Project.

Jarbidge Canyonlands/Sage Grouse And Corporate Grazing: Won precedent-setting decision from U.S. District Court in August 2005, holding that BLM violated NEPA and FLPMA in allowing increased grazing by corporate ranchers on 800,000 acres of sage grouse habitats in the Jarbidge Canyonlands of southern Idaho. To avoid an injunction shutting down grazing, permittees and BLM agreed to court-approved settlement that imposes grazing restrictions and requires new environmental studies and plan to restore sage grouse populations and habitats. Client: Western Watersheds Project.

Jarbidge Canyonlands/Slickspot Listing: Won ruling from U.S. District Court that U.S. Fish and Wildlife Service was arbitrary, capricious, and violated ESA in determining not to list Slickspot peppergrass – a rare native desert flower – based on “Candidate Conservation Agreement” brokered by Idaho ranchers and politicians. Client: Western Watersheds Project.

Jarbidge Canyonlands/Slickspot FOIA: Won Freedom of Information Act suit against U.S. Air Force for refusing to disclose documents revealing interference by Idaho political officials and ranchers in Slickspot peppergrass ESA listing process. Client: Western Watersheds Project.

Owyhee Canyonlands/Nickel Creek Grazing: Conducted 4-week trial in administrative appeal challenging closed-door agreement by BLM and ranchers for grazing management on 70,000 acre Nickel Creek allotment in the Owyhee Canyonlands of southwestern Idaho. Presented expert witnesses and extensive scientific literature, to show that BLM failed to follow modern range science in setting grazing levels, and ignored adverse impacts of grazing and related infrastructure (fences, pipelines, reservoirs) upon sensitive species, including sage grouse, bighorn sheep, and pygmy rabbit. Decision still pending, but interim ruling found that we proved a prima facie case that BLM erred in many respects. Clients: Western Watersheds Project; Idaho Bird Hunters Association.

Owyhee Canyonlands/Hardtrigger Allotment: Through both federal court litigation and administrative appeal, stopped BLM from implementing another behind-closed-doors settlement with ranchers that would allow destructive grazing and projects on Hardtrigger allotment in Owyhee Resource Area. Clients: Western Watersheds Project; Idaho Bird Hunters Association.

Curlew Grasslands: Local counsel for National Wildlife Federation in challenge to Forest Service’s management plan for the Curlew National Grasslands in eastern Idaho, which is important sage grouse habitat. Litigation alleges the Forest Service violated the National Forest Management Act by failing to monitor or properly manage sage grouse. Clients: National Wildlife Federation; Idaho Wildlife Federation; Western Watersheds Project.

Great Basin/Black Rock Desert: After prior litigation required BLM to protect springs and streams in Soldier/Paiute Meadows area (Black Rock Desert of northern Nevada) for endangered desert dace and Lahontan cutthroat trout, BLM is now trying to move that grazing to the recently-designated Black Rock Wilderness. New lawsuit in Reno federal court opposes this decision allowing tripled grazing levels in the wilderness. Client: Western Watersheds Project.

Great Basin/Elko Grazing: Litigation challenges BLM mismanagement of grazing on several large allotments covering 1.5 million acres in the BLM’s Elko District of north-central Nevada. Won ruling from Reno federal court that BLM failed to study grazing impacts on sage grouse and other sensitive species; and settled appeal in return for BLM agreement not to build new projects and limit grazing. Now monitoring BLM’s preparation of EIS, due March 2006. Clients: Western Watersheds Project; Committee for the High Desert.

Great Basin/Squaw Valley: Conducted 2-week trial in administrative appeal of BLM grazing management decisions for 500,000 acres in Squaw Valley, Nevada, including sage grouse breeding grounds and Lahontan cutthroat trout streams where Barrick Gold holds grazing permits. Trial challenged BLM’s failure to study sage grouse habitat conditions, or to apply current range science in setting grazing levels. Awaiting decision; but the challenged action is stayed pending outcome. Client: Western Watersheds Project.

Great Basin/Vegetation Treatment: Researched and sent notice letter to BLM and US Fish & Wildlife Service over planned “vegetation treatment” project that would destroy native sagebrush habitats across hundreds of thousands of acres in BLM’s Elko and Wells Districts in northern Nevada. Client: Western Watersheds Project.

Great Basin/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 (Lahontan cutthroat trout habitat). Clients: Western Watersheds Project, Committee for the High Desert.

Northern Utah Grazing: Reached court-approved settlement with BLM and ranchers over Utah district court litigation challenging agency’s failure to study grazing impacts on streams and sage grouse habitats on 2.5 million acres of northern Utah. Settlement requires BLM to quickly protect key riparian areas; and requires comprehensive environmental study and new long-term grazing plans. Client: Western Watersheds Project.

Duck Valley, Utah: Conducted 1-week trial in administrative appeal over BLM plan to install new fences and pipelines as “solution” to overgrazing on Duck Valley allotment of northern Utah. After our expert showed that BLM has grossly overstocked the allotment, and that new fences and water developments will only increase degradation, BLM withdrew the challenged decision. Client: Western Watersheds Project.

Bighorn Basin, Wyoming: Litigation in D.C. federal court against BLM challenging unlawful settlement with rogue rancher Frank Robbins in Bighorn Basin of Wyoming. Case stayed, as BLM has reversed the settlement and is canceling Robbins’ permits. Clients: Western Watersheds Project; American Lands Alliance.

We use many tools – state water rights, Clean Water Act, hydropower relicensing, and the Endangered Species Act – to ensure adequate river flows for fish, promote efficient water use, and reduce pollution to our waterways. Our 2005 cases include the following (plus additional matters listed above):

Middle Rio Grande: Represent state and national conservation groups promoting better management of water projects in the Middle Rio Grande of New Mexico. In 2005, we won district court rulings rejecting irrigator claims to own the federal Middle Rio Grande Project dams and reservoirs; and approving our settlement with City of Albuquerque in Minnow v. Keys litigation, to establish dedicated reservoir storage and new conservation programs to help provide river flows. Clients: National Audubon Society, New Mexico Audubon, Sierra Club, Defenders of Wildlife, Forest Guardians, Southwest Environmental Center.

Hells Canyon Relicensing: Represent statewide river conservation group in long-running FERC process to issue a new federal hydropower license for Hells Canyon Hydropower Complex (run by Idaho Power) on the Snake River in Idaho and Oregon. The new license will significantly affect the fate of salmon and steelhead in Idaho, as well as Snake River white sturgeon, bull trout, redband trout, water quality and river-based recreation. In early 2005, we helped broker a multi-party settlement over interim Hells Canyon project operations, to lessen impacts from flow variations on salmon and steelhead during the relicensing process. Client: Idaho Rivers United.

Mid Snake Relicensing: Now before the U.S. Court of Appeals for the Ninth Circuit in a challenge to FERC relicensing of C.J. Strike, Bliss, and other mid-Snake River hydropower projects (upstream of Hells Canyon), for failure to protect Snake River sturgeon, endangered snails, and other aquatic life. Clients: Idaho Rivers United, American Rivers.

Upper Snake River: Local counsel for Earthjustice in federal suit challenging Bureau of Reclamation’s biological opinion for Upper Snake reservoirs (above Hells Canyon), for failing to address the needs of endangered salmon and steelhead. Clients: American Rivers, Idaho Rivers United, National Wildlife Federation.

Boise River/SRBA: Represent individual conservationists/water right holders in the Snake River Basin Adjudication, over ownership of storage water rights in Boise Project reservoirs, which are used for winter flows in the Boise River and to aid endangered salmon. Irrigators are attempting to strip United States of its long-standing ownership of these storage rights, to eliminate these uses and become “water brokers” in the Boise valley. Now briefed on appeal before Idaho Supreme Court. Clients: Gene Bray, Tom Stuart, Tom Cade, Amy Williams.

Boise River/Atlanta Gold: Opposing new cyanide heap leach gold mine proposed on the Middle Fork Boise River. As part of this campaign, we sued the mining company for Clean Water Act violations over an existing mine adit that is leaking high levels of arsenic to the river. Settlement requires clean up of the adit, and sets aside additional funds for water quality improvement projects. Client: Idaho Conservation League.

Boise Water Conservation: In response to our work in a state rate case, the Idaho Pubic Utility Commission ordered Boise’s water utility (United Water Idaho) to prepare a new comprehensive water conservation plan. Client: Idaho Rivers United.

Potlatch Mill Pollution: Settlement finalized in 2005, resolving challenges to EPA’s failure to conduct ESA consultation and issue new Clean Water Act permit governing Potlatch’s pulp mill effluent discharges to the Clearwater and Snake Rivers, which affect migrating salmon and steelhead. Clients: The Lands Council, Idaho Conservation League, Idaho Rivers United.

Lewiston Levees: Clean Water Act suit against Army Corps of Engineers for pumping polluted water from levee catchment ponds into the Clearwater River near Potlatch mill. Settlement provides for extensive water quality testing and Endangered Species Act consultation over pumping from ponds. Client: Idaho Conservation League.

Sanders Beach: Intervened in state court suit over public access to Lake Coeur d’Alene at Sanders Beach. District court ruled that public trust doctrine preserves public access; now on appeal to Idaho Supreme Court. Client: Idaho Conservation League.

Arctic Grayling: Settled litigation in D.C. federal court over U.S. Fish and Wildlife Service’s delays in determining whether Montana fluvial Artic grayling should be listed as an endangered species. The grayling 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 settlement requires FWS to make a final listing decision by April 2007. Clients: Center for Biological Diversity; Western Watersheds Project.

Mega-Dairies/Clean Air Permitting: Working with client and experts, we developed models of ammonia and other pollutant emissions from mega-dairies, which are now sweeping into Idaho. We then used that information to develop and win an innovative Clean Air Act citizen enforcement suit against a proposed major dairy, for failing to obtain a permit to construct under Idaho’s Clean Air Act program. Following that victory, we reached a settlement with the dairy industry to establish new air quality protections requirements for dairies in Idaho, with “emissions factors” stipulated on dairy releases of ammonia. Filed joint rulemaking with dairy industry at Idaho DEQ to establish air quality permitting program for dairies, and participated extensively in rulemaking process. Client: Idaho Conservation League.

Milk Processors/Water Quality: Researched, noticed and brought Clean Water Act enforcement actions over water quality degradation caused by milk processing and dairy wastes in Snake River basin. Two 2005 settlements committed major Idaho milk processors to improved waste management, and pay a total of about $65,000 for wetlands and water quality improvement projects. Client: Idaho Conservation League.

Utility Conservation And Efficiency: Represented conservationists in Idaho Public Utility Commission proceeding to evaluate utility disincentives to conservation and efficiency programs, and ways to remove those disincentives. Idaho Power has informed us that it will now seek a new “decoupled” rate design to ensure successful conservation efforts do not impair the company’s ability to meet its fixed costs of doing business. Client: NW Energy Coalition.

Renewable Energy: Continued initiatives with Idaho utilities and the Idaho PUC to promote renewable energy. Following our work on the 2004 Integrated Resource Plan advisory council, Idaho Power released a Request for Proposals in 2005 seeking 200 MW of wind power, gained PUC approval to triple its conservation funding, and will release an RFP for 100 MW of geothermal energy in 2006. Senior Staff Attorney Bill Eddie is now serving on Idaho Power’s 2006 Integrated Resource Plan Advisory Council. Clients: Northwest Clean Energy Advocates; NW Energy Coalition.

Promoting Wind Energy: In addition to above, pursued other initiatives in 2005 to promote responsible wind energy development, including representing conservation interests in an Idaho PUC contested case involving PURPA and integrated costs of wind power, where we built consensus with small (on-farm) wind community on policy changes to resolve dispute. Clients: Renewable Northwest Project; NW Energy Coalition.

Nevada Gold Mine Mercury Pollution: Worked with clients to investigate and publicize high levels of mercury pollution from northern Nevada gold mining operations, which have apparently contaminated streams and lakes in Idaho, Utah, Nevada, and other states, gaining national media attention to this problem. We determined, for example, that Barrick Goldstrike’s mercury pollution from its Nevada gold mining far exceeds that of the biggest dirtiest coal power plant in the nation.  We threatened Clean Air Act litigation against EPA for failing to regulate these emissions; which led to negotiations with agencies and the mining companies to adopt programs to reduce mercury pollution. Clients: Idaho Conservation League; Earthworks; Great Basin Mine Watch.

Sempra Coal Fired Power Plant: Working to develop factual, legal, and scientific challenges to proposed 600 MW Sempra coal-fired power plant, to be located in rural Idaho, which will degrade air quality in Crater of the Moon National Monument and threaten economic livelihoods of many Idaho farmers and small businesspeople. Clients: Idaho Conservation League; individual activists.

Phosphate Mining and Processing: Continued several initiatives over phosphate mining and processing which affect both the Greater Yellowstone ecosystem and human health in southeastern Idaho. These include bringing a federal court action to challenge plan to enter roadless area of Caribou National Forest for phosphate mining exploration; monitoring phosphate mine waste clean up activities elsewhere on the Caribou National Forest; and reviewing Clean Air Act compliance by Simplot processing plant in Pocatello. Clients: Idaho Conservation League; Greater Yellowstone Coalition.