Water Quality

Idaho Water Quality Standards

Advocates for the West represents Idaho Conservation League (ICL) in this lawsuit against EPA for failing to timely approve or disapprove important water quality standards in Idaho.

In 2006, Idaho adopted a new fish consumption rate, which estimates the amount of fish people catch and eat from Idaho’s lakes and rivers.  Idaho uses the fish consumption rate to develop water quality standards and set limits on toxic pollution that may be discharged to Idaho’s waterbodies.  These limits aim to protect people from exposure to toxins from eating fish.

Current Status: 
Pending
Date Filed: 
01/03/2012
Staff Attorney(s): 

Lochsa Heavy Haul Route

Advocates for the West is working with concerned individuals and conservation groups to oppose plans by Exxon Mobil, ConocoPhillips, and other Big Oil companies to create a high-and-wide industrial corridor for massive equipment to be transported from overseas shippers up Idaho's Clearwater and Lochsa Rivers over the Lolo Pass into Montana, and on to the Alberta tar sands fields.

Current Status: 
Pending
Case Title and Number: 
Laughy et al v. Idaho Transportation Dept.
Date Filed: 
08/16/2010
Staff Attorney(s): 

Auger Falls dam

Representing Idaho Conservation League, we successfully used the public trust doctrine to block the proposed Auger Falls dams on the mid-Snake River near the city of Twin Falls.  After federal agencies had issued permits for the dam, the Idaho State Land Board voted -- after a public hearing which voiced strong opposition to another dam on the mid-Snake -- to deny a submerged lands easement.  That ruling was upheld in state district court.

Current Status: 
Case Won
Case Title and Number: 
Symbiotics v. FERC, 110 Fed. Apdx 76, 2004 Westlaw 2095615 (10th Cir. 2004)
Date Filed: 
03/03/2003
Staff Attorney(s): 

Arsenic water quality standards

On behalf of Idaho Conservation League, we sent EPA a notice-of-intent letter in July 2008, alleging that it was violating Section 303(c) of the Federal Clean Water Act in not requiring the State of Idaho to adopt sufficiently protective water quality standards for arsenic and other toxic pollutants.

We thereafter negotiated a settlement agremeent with EPA and the Department of Justice, which establishes a schedule and process for EPA to address the outstanding arsenic and other toxic standards in Idaho.

Current Status: 
Settled
Case Title and Number: 
ICL v. EPA, July 2008 notice letter
Date Filed: 
07/07/2008
Staff Attorney(s): 

Clearwater -- Lolo Creek timber sales

We won an injunction in 2004 preventing the Clearwater National Forest from proceeding with two adjoining timber sales in the Lolo Creek watershed of central Idaho, to protect habitat of imperilled fish -- including salmon, steelhead, and bull trout. 

Even though the Forest Service developed the two sales -- called "White/White" and "Brick/Trout" -- at the same time and they would affect the same watershed, it refused to analyze their cumulative impacts.  After we won the injunction, the agency agreed to withdraw the sales. 

Current Status: 
Case Won
Case Title and Number: 
The Ecology Center v. Kimbell, 04-cv-557-EJL (D. Idaho)
Date Filed: 
05/10/2004

Clearwater Old Growth

Representing a broad coalition of national, state and local conservation groups, we brought this case in 1997 to stop Forest Service plans to log old growth forests in the Clearwater region of central Idaho -- including the headwaters of the Lochsa and North Fork Clearwater rivers.   The case focused on how logging and logging roads greatly increase landslide risks in the fragile soils of the area; and on the Forest service's over-logging of old growth habitat. 

Current Status: 
Case Won
Case Title and Number: 
The Wilderness Society et al v. Bosworth, 118 F. Supp. 2d 1082 (D. Mont. 2000)
Date Filed: 
05/01/1997
Staff Attorney(s): 
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