ADVOCATES FOR THE WEST
2006 Docket
IMPERILED WILDLIFE, FISH, AND PLANTS
WOODLAND CARIBOU: This case seeks to protect the critically-endangered woodland caribou
in the Selkirk Mountains of northern Idaho and Washington. In fall 2006, we won a broad
injunction closing most of the caribou recovery area on the Idaho Panhandle National Forest
to all motorized winter recreation.
Clients: Defenders of Wildlife, Conservation Northwest, Idaho Conservation League,
The Lands Council, Selkirk Conservation Alliance, Center for Biological Diversity
(Case No. 05-cv-248-RHW, E.D. Wash.).
SAGE GROUSE: Suit filed July 2006 challenges Bush Administration’s
politically-driven refusal to protect Greater Sage Grouse under the Endangered
Species Act, despite precipitous declines in sage grouse populations from loss of
its native sagebrush habitat. Results of the litigation could broadly affect public
lands management across the West, including energy development, grazing, and other activities.
Client: Western Watersheds Project (Case No. 06-cv-277-BLW, D. Idaho).
SALMON, STEELHEAD AND BULL TROUT/UPPER SALMON RIVER BASIN: ESA litigation over
Forest Service and BLM authorization of irrigation diversions on public lands that harm
imperiled fish. Partial settlement requires Forest Service to prepare watershed analyses
over several years.
Clients: Committee for Idaho’s High Desert; Western Watersheds Project (Case No. 01-cv-259-BLW, D. Idaho).
GRAY WOLF: As a result of our notice of intent to sue letter, U.S. Forest Service
backed off from publicly announced plan to authorize helicopter landings in the Frank Church-River
of No Return Wilderness in central Idaho for purposes of darting and collaring wolves.
Clients: Great Ol’ Broads For Wilderness, Wilderness Society, Idaho Conservation League,
Western Watersheds Project, others.
PYGMY RABBIT: Case challenges Fish and Wildlife Service’s rejection of a petition
seeking to list pygmy rabbit as endangered or threatened species. The pygmy rabbit is a
sagebrush-obligate species imperiled by livestock grazing and other human impacts in the
Interior West.
Clients: Western Watersheds Project, Oregon Natural Desert Association, Biodiversity
Conservation Alliance, Center for Native Ecosystems (Civ. No. 06-cv-127-EJL, D. Idaho).
INTERIOR MOUNTAIN QUAIL: Challenge to Service’s rejection of petition to list Interior
mountain quail, another imperiled high desert species, as endangered or threatened.
Client: Western Watersheds Project (Case No. 06-cv-73-ELJ, D. Idaho).
SLICKSPOT PEPPERGRASS: After Bush Administration flouted prior order, federal court
in October 2006 directed Fish and Wildlife Service to issue final rule on whether to
protect Slickspot peppergrass, a rare desert flower found only in southern Idaho. Idaho
politicians have overridden Service experts who say ESA listing is needed.
Client: Western Watersheds Project (Case No. 04-cv-168, D. Idaho).
SHARP-TAILED GROUSE: Settlement requires FWS to respond to listing petition
for sharp-tailed grouse, another declining species once abundant across much of the
Interior West and other states.
Clients: Forest Guardians; Western Watersheds Project. (Case No. 06-cv-00114-MHW, D. Idaho).
PROTECTING THE SAGEBRUSH SEA
BLM GRAZING REGULATIONS: This nationally-significant case challenges the Bush
Administration’s effort to give the livestock industry its “wish list” of grazing
regulation rollbacks, including to exclude the public and gut ecological requirements
for grazing on 160 million acres of public lands across the West. We won two injunctions
in August and September 2006, blocking most of the new BLM grazing regulations based on NEPA
violations. Case is now fully briefed and awaiting decision on the merits.
Client: Western Watersheds Project (Case No. 05-cv-297-BLW, D. Idaho).
UPPER SALMON BASIN/NORTH SHEEP ALLOTMENTS: This case follows up on prior litigation
that forced the Forest Service to prepare an Environmental Impact Statement over livestock
grazing impacts on streams, high mountain lakes, and other sensitive habitats in the
Sawtooth National Recreation Area of central Idaho. In February 2006, we won a precedent-setting
ruling that the Forest Service failed to limit grazing on large portions of four allotments
that are too steep and erosive to sustain grazing without adverse impacts. This ruling
forced the Forest Service to significantly reduce grazing on three allotments; and in June
2006 we won an injunction closing grazing on sensitive streams of the fourth allotment, that
the agency refused to protect at livestock operator’s insistence.
Clients: Western Watersheds Project; Randall Hermann, MD. (Case No. 05-cv-189-BLW, D. Idaho).
UPPER SALMON BASIN/SPUD & MARCO ALLOTMENTS: After client documented that fences
and water developments are non-functional on allotments in the East Fork Salmon River
drainage, we reached a settlement requiring Forest Service to close portions of the allotments,
conduct monitoring, and develop a new grazing plan.
Client: Western Watersheds Project (Civil No. 04-cv-342-BLW, D. Idaho).
SAWTOOTH NATIONAL FOREST/GOODING ALLOTMENTS: Case filed September 2006 to challenge
four Sawtooth National Forest grazing allotments that lack “capability” analysis. Soon
after we filed the case, Forest Service rescinded the challenged permits and agreed to do
the analysis.
Client: Western Watersheds Project (Case No. 06-cv-390-BLW, D. Idaho).
JARBIDGE RESOURCE AREA: In 2006, Advocates for the West engaged expert scientists
to monitor BLM’s implementation of our October 2005 consent decree requiring new studies
and more ecologically protective grazing management on nearly 1 million acres of sage
grouse habitat in southern Idaho.
Client: Western Watersheds Project (Case No. 04-cv-181-BLW, D. Idaho).
CURLEW NATIONAL GRASSLANDS: Case challenges Forest Service’s recent management
plan for the Curlew National Grasslands in the Caribou National Forest, which notably
fails to protect sage-grouse.
Clients: National Wildlife Federation; Idaho Wildlife Federation; Western Watersheds
Project (Case No. 04-cv-372-BLW, D. Idaho).
PLEASANTVIEW ALLOTMENT: Second round of litigation over BLM’s mismanagement of
grazing on Pleasantview allotment in SE Idaho, in sage grouse and sharp-tailed grouse habitat.
Client: Western Watersheds Project (Case No. 05-cv-297-BLW, D. Idaho).
NEVADA/ELKO MUD: This case challenges BLM failure to assess grazing impacts on sage
grouse and other sensitive species on 1.4 million acres of public lands in northern Nevada
(Elko district). After our prior court victory, BLM issued a new EIS, which is wholly inadequate
and will require further litigation.
Client: Western Watersheds Project (Case No. 03-cv-197-HDM, D. Nevada).
NEVADA/SQUAW VALLEY & SPANISH RANCH: Following two week trial, Interior
administrative judge reversed BLM grazing decisions for 500,000 acres in northern Nevada
grazed by Barrick Goldstrike, for failure to study impacts on sage grouse, Lahontan
cutthroat trout, and other values. Interim settlement following this victory required
Barrick to rest the majority of the allotment from grazing during 2006; negotiations are
continuing over long-term resolution.
Client: Western Watersheds Project (Appeal No. NV 010-2004-01, Int. OHA).
NEVADA/SOLDIER MEADOWS & BLACK ROCK DESERT: Our prior litigation forced BLM to
protect various hot springs and riparian habitats from grazing, using the ESA listings
of desert dace and Lahontan cutthroat trout. But new BLM grazing decisions have now moved
much of that grazing into uplands, including the recently-designated Black Rock Desert
wilderness. We filed this case in 2006 to challenge these decisions, particularly raising
claims about degradation of wilderness values.
Client: Western Watersheds Project (Case No. 05-cv-362-VES, D. Nevada).
WYOMING ROBBINS: BLM has now revoked all grazing permits for rogue rancher Frank
Robbins, thus resting 50,000 acres of public lands in Bighorn Basin; and accordingly our l
ong-pending litigation in Washington DC was been dismissed.
Clients: American Lands Alliance; Western Watersheds Project (Case No. 03-cv-1985-HHK, D.D.C.).
RIVERS AND WATER
NEW MEXICO/MIDDLE RIO GRANDE: We have represented state and national conservation
groups promoting better water management in the Middle Rio Grande of New Mexico for the
last decade. In 2006, we filed several briefs in U.S. Court of Appeals for the 10th Circuit,
defending the final judgment and injunction we won in the district court rejecting irrigator
claims to own the federal Middle Rio Grande Project dams and reservoirs; ordering Bureau of
Reclamation to fully consult under the ESA over management of Project operations; and approving
our settlement with City of Albuquerque 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 (Nos. 05-2293 & 05-2399, 10th Cir.).
SALMON WILD AND SCENIC RIVER: To protect our recent settlement establishing minimum
instream flows in the wild and scenic Salmon River, we filed objections to irrigator
“flood flow” claims in the Lemhi River (a major Salmon tributary and important anadromous
fisheries habitat).
Clients: Gene Bray; Tom Stuart (Snake River Basin Adjudication).
SNAKE RIVER RELICENSING: In a rare loss, Ninth Circuit rejected our appeal of FERC
relicense order for mid-Snake River hydropower projects (upstream of Hells Canyon), which
harm Snake River sturgeon, endangered snails, and other aquatic life.
Clients: Idaho Rivers United, American Rivers (Case No. 05-72513, 9th Cir.).
BOISE RIVER/SRBA: Represent individual conservationist water right holders in
Idaho Supreme Court appeal 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.
Clients: Gene Bray, Tom Stuart, Tom Cade, Amy Williams (Case No. 31794, Id. S.Ct.).
BOISE RIVER/ATLANTA GOLD MINE We are working with coalition of clients opposing a
proposed cyanide heap leach gold mine at Atlanta on the Middle Fork Boise River. During 2006,
we opposed Atlanta Mine’s claimed water rights in the SRBA.
Clients: Idaho Conservation League, Gene Bray, Tom Stuart, others (Subcase No. 63-2499, SRBA).
SANDERS BEACH/PUBLIC TRUST DOCTRINE: Idaho Supreme Court ruled that public trust
doctrine preserves public access to Sanders Beach on Lake Coeur d’Alene at historical ordinary
high-water mark; and rejected landowner claims that “littoral” rights allow them to exclude the public.
Client: Idaho Conservation League (Case No. 32337, Id. S.Ct.).
ENERGY AND SUSTAINABILITY
MEGA-DAIRIES/CLEAN AIR PERMITTING: Idaho Environmental Quality Board approved new
regulations, which we jointly negotiated with industry, to require mega-dairies to obtain
Clean Air Act permits in Idaho.
Client: Idaho Conservation League.
UTILITY CONSERVATION AND EFFICIENCY: We continued to represented conservationists
in various Idaho Public Utility Commission proceedings to promote renewable energy sources
(particularly wind power) and energy conservation and efficiency. Among other projects, we
and our clients worked closely with Idaho Power to develop 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; and to establish new incentive program for energy efficiency gains.
Client: NW Energy Coalition; Northwest Clean Energy Advocates; NRDC; Renewable Northwest Project.
NEVADA GOLD MINE MERCURY POLLUTION: Continued working with clients to investigate and
publicize high levels of mercury pollution from northern Nevada gold mining operations, which
contaminate air and water in Idaho, Utah, Nevada, and other states.
Clients: Idaho Conservation League; Earthworks; Great Basin Mine Watch.
SEMPRA COAL FIRED POWER PLANT: Provided legal advice and behind-the-scenes support
to clients that successfully defeated proposed 600 MW Sempra coal-fired power plant in rural
Idaho, which would have degraded air quality in Craters of the Moon National Monument and
threatened economic livelihoods of many Idaho farmers and small businesspeople.
Clients: Idaho Conservation League; individual activists.
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. Won a second state district court ruling reversing county approval of a
subdivision near the Teton River due to inadequate protection of open space.
Client: Valley Advocates for Responsible Development.
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