Natural Resources
ENDANGERED SPECIES ACT (ESA) LITIGATION
EPIC v. Pacific Lumber Co. (67 F. Supp. 2d 1113, 67 F. Supp. 2d 1090 (N.D. Calif. 2000).) Precedent setting injunction against Pacific Lumber’s logging on 3 timber plans, pending agencies’ decision whether to approve “take” of endangered species in Headwaters Forest.
Marbled Murrelet v. Pacific Lumber Co., (880 F.Supp. 1343, 163 F.R.D. 308 (N.D. Cal.1995).) Permanent injunction against Pacific Lumber’s logging of the Owl Creek Grove as a “take” of threatened marbled murrelets in violation of the ESA. First case in the nation to apply the ESA’s “take” prohibition to private lands.
San Bruno Mountain Watch v. U.S. Fish & Wildlife Service, (N.D. Calif. #C00-02485 PJH.) Litigation resulted in Consent Judgment requiring U.S. Fish & Wildlife Service to reinitiate consultation and further assess impacts to Mission blue butterfly, Callippe silverspot butterfly and San Bruno elfin butterfly from San Bruno Mountain Incidental Take Permit/Habitat Conservation Plan. First case in the nation to challenge implementation of an Habitat Conservation Plan.
Californians for Alternatives to Toxics v. EPA, (N.D. Calif. #C00-3150 CW.) Litigation resulted in Consent Judgment requiring EPA to consult with National Marine Fisheries Service on the impacts from 15 pesticides on seven salmonid species and their critical habitat, as well as effects of pesticide on 33 forest plant species.
NEPA LITIGATION
Pacific Rivers Council v. U.S. Forest Service, (E.D. Calif.# 05-0953 MCE/GGH) Suit challenging U.S. Forest Service plan to increase logging and roads and fires in 11 National Forests in Sierra Nevada without adequate analysis of significant impacts to fish and amphibians in the region.
EPIC & Center for Biological Diversity v. U.S. Army Corps of Engineers, (N.D. Calif. #C99-4694-CW.) Temporary Restraining Order enjoining Army Corps’ approved dredging of Humboldt Bay, California until Corps prepared a Supplemental Information Report and Biological Assessment to assess biological effects of oil spill.
CLEAN WATER ACT LITIGATION
San Bruno Mountain Watch v. Cypress Amloc Land Co., (N.D. Calif. #C-04-03385 EDL) Litigation resulted in Consent Judgment requiring Colma, California landfill implement Clean Water Act storm water plan to remedy polluted storm water and implement corrective action plan to address RCRA groundwater issues.
San Francisco BayKeeper v. City of Saratoga, (N.D. Calif. #C-95-20059-EAI..) Litigation resulted in settlement to enforce Clean Water Act storm water permit narrative standards.
San Francisco BayKeeper v. Santa Clara Valley Water District, (N.D. Calif. # C-93-20433 RPA-EAI..) Litigation resulted in settlement to enforce Clean Water Act storm water permit narrative standard.