Defenders of Wildlife v. Ballard, 73 F. Supp. 2d 1094 (D. Ariz. 1999)
Case Summary:
We assisted Defenders of Wildlife and the Center for Biological Diversity in a challenge to the US Army Corps of Engineers' failure to consider the cumulative effects of its "nationwide permits" on the critically endangered Cactus Ferruginous Pygmy Owl. In October 1999, the US District Court for the District of Arizona agreed that the Corps violated both NEPA and the ESA, and it enjoined reliance on the permits until adequate cumulative impacts analysis was performed. A settlement in the Ninth Circuit preserved our legal victory and also committed the Corps to soliciting public comment on the effects of new nationwide permits.
Plaintiffs: Defenders of Wildlife and Southwest Center for Biological Diversity
Court: United States District Court for the District of Arizona