Suit Brought To Compel Trump Administration To Issue Critical Motor Vehicle Safety Standard to Protect Children from Death and Injury

Today on behalf of Kids and Cars, Inc. and the Center for Auto Safety, we filed a lawsuit in federal district court for the District of Columbia to compel the Secretary of Transportation (DOT) to issue a long overdue standard requiring a warning to go off if passengers in the back seats of cars are not wearing their seat belts, like the warning that is heard in cars if the driver is not wearing a seat belt.  In October 2012 Congress enacted legislation requiring DOT to initiate rulemaking for the rear seat warning system by October 2014 and to issue a final standard by October 2015.  To date, no rulemaking has even been initiated, and there is no sign that the Trump Administration is even working on the standard. DOT’s National Highway Traffic Safety Administration (NHTSA) estimates that 38 people each day who do not wear seat belts are killed in motor vehicle crashes each day, and that half of those would be alive if they had worn their seat belt—which means that 6,935 people each year would be saved if they wore their rear seat belt, or 13,879 since the standard was required to be in place. Many more people are seriously injured in crashes when they are not wearing seat belts. Parents put their children in the back seat believing it to be the safest position in the car.  Yet many parents forget to fasten their children’s seat belts, and children who are initially buckled in often remove their seatbelts.  Studies have confirmed that drivers using cars with seat belt reminders are 66% more likely to buckle up. Accordingly, prompt issuance of the standard mandated by Congress five years ago will unquestionably save many lives. The suit explains that by failing to comply with Congress’s mandated deadlines, DOT has “unreasonably delayed” and “unreasonably withheld” agency action required by law, and requests the federal court to order the Secretary to issue this critical safety standard. A copy of the Complaint can be found here:

DC Circuit Slams Forest Service’s Unexplained Decision to Reduce Public Lands for Wild Horse Management

Today, the U.S. Court of Appeals for the DC Circuit, in a strongly worded ruling, agreed with our clients’ major objections to the U.S. Forest Service’s decision in 2013 to eliminate more than 23,000 acres in California’s Modoc National Forest from the Devil’s Garden Wild Horse Territory that had been home to federally protected wild horses for many decades.  Although the Forest Service argued that it could bypass crucial safeguards under the National Environmental Policy Act and the Administrative Procedure Act because the agency was merely correcting a purported “administrative error,” the court issued a stinging rebuke in finding that the Forest Service’s “head-in-the-sand approach” failed to “candidly confront the relevant environmental concerns” resulting from this significant shift in the agency’s management of these public lands.  We represent the American Wild Horse Campaign, Animal Legal Defense Fund, Return to Freedom, and wildlife advocates in this case.  The court’s opinion can be found here.

Photo courtesy of ReturntoFreedom.org

Court Holds that USDA Failed to Conserve Highly Endangered Southwestern Willow Flycatchers and Their Critical Habitat

After years of litigation, the U.S. District Court for the District of Nevada ruled yesterday that the U.S. Department of Agriculture (“USDA”) violated the Endangered Species Act by failing to adopt any conservation program to conserve the highly imperiled southwestern willow flycatcher and its critical habitat.  We filed suit on behalf of the Center for Biological Diversity and Maricopa Audubon Society after USDA released hundreds of thousands of non-native, invasive beetles throughout the Southwest to defoliate saltcedar trees that provide nesting habitat to flycatchers, but when beetles decimated flycatcher habitat USDA merely terminated its program without implementing any mitigation measures to ameliorate the ongoing and long-lasting effects of its beetle release program.  On those facts, the court held that “USDA has not satisfied its ongoing obligations under [Endangered Species Act section] 7(a)(1) by simply terminating the beetle program found to adversely affect the flycatcher.”  USDA must now timely cure this major legal violation by adopting meaningful conservation measures to benefit this species and its habitat before it is driven to extinction.  The ruling can be found here.

Lawsuit Filed Regarding Risk of Earthquake-Induced Radioactive Contamination at Nuclear Weapons Facility in Tennessee

On behalf of several organizations and concerned citizens, we filed suit yesterday in federal district court to challenge the government’s failure to consider significant risks associated with the continued reliance on aging, deteriorating buildings for the production of nuclear weapons at the Y-12 Complex in Oak Ridge, Tennessee. Many of the buildings in this Complex, where the government processes highly enriched uranium for use in nuclear weaponry, were built during the Manhattan Project or the Cold War and do not meet modern building codes. As a result, these aging, increasingly decrepit buildings face a significant risk of collapsing, catching fire, and releasing hazardous nuclear contamination in the event of an earthquake—a risk that the United States Geological Survey recently stated is greater than it had previously expected.  The government had decided in 2011 to replace these aging, dangerous buildings with a modern facility, but when costs climbed, the government in 2016 decided to save money by continuing to rely on buildings with known structural deficiencies. Nevertheless, when the government opted to continue using these dilapidated buildings, it failed to examine the risk to the environment and to the public associated with the increased risk of earthquakes and the continued use of buildings that will likely collapse in the event that such an earthquake strikes.  On behalf of the Oak Ridge Environmental Peace Alliance, Nuclear Watch of New Mexico, and several individuals who live near the Complex and would be harmed in the event that an earthquake causes radioactive contamination, our lawsuit seeks to compel the government to take a hard look at this important issue.  A copy of the complaint is here and a copy of a press release regarding the case is here.

Photo Credit: Brian Stansberry

Lawsuit Filed to Stop Army Corps from Permanently Degrading Our Nation’s Most Important Historic Setting

Yesterday, on behalf of the National Parks Conservation Association, we filed suit challenging the U.S. Army Corps of Engineers’ issuance of a permit that allows Dominion Energy to construct and operate a massive commercial overhead transmission line and 17 associated towers—which will reach as tall as 295 feet—to cross the James River in eastern Virginia, marring what is perhaps the most important landscape related to our nation’s founding.  This industrial intrusion will be visible from several national park units—including Historic Jamestowne—as well as dozens of historic properties that are listed on the National Historic Register and/or the Virginia Register of Historic Landmarks.  Despite repeated calls from the public and the National Park Service to deny this permit, or at the very least meaningfully involve the public by preparing an Environmental Impact Statement to analyze both the substantial impacts that will result to nationally important resources, as well as feasible alternatives to the project that could eliminate or at least substantially reduce such impacts, the Corps refused to do so and instead prepared a less detailed Environmental Assessment without even circulating a draft analysis for public review and comment.  Our lawsuit raises various claims under the National Environmental Policy Act and the Clean Water Act.  The complaint can be viewed here, and our client’s press release can be viewed here.

Wild Horses Victorious in Utah

In a significant victory for wild horses in the West, a district court in Utah yesterday ruled in favor of our clients (the American Wild Horse Campaign, Return to Freedom, the Cloud Foundation, and Lisa Friday) and the Bureau of Land Management (“BLM”) in a lawsuit that sought to compel the agency to immediately remove thousands of wild horses from the range. We had intervened in this case to defend the agency’s decision to manage wild horse populations in a more humane manner over a longer period of time. Ultimately, our arguments carried the day, persuading the court that it should not take over the agency’s day-to-day management of this complex issue. This decision, along with other favorable rulings recently obtained by our firm, have cemented a strong precedent that there is no viable cause of action for disgruntled ranching interests to force BLM to remove wild horses from public lands to further skew the allocation of public resources in favor of domestic cattle and sheep grazing. You can read the decision here.

Court Blocks Federal Dam Project That Would Jeopardize The Continued Existence Of The Pallid Sturgeon

Yesterday, the U.S. District Court for the District of Montana enjoined construction of a $59 million federal dam project that would block upstream and downstream passage of the highly imperiled pallid sturgeon.  Since being listed as an endangered species in 1990, the pallid sturgeon—an iconic freshwater fish species that has inhabited North America for approximately 78 million years—has seen its wild population decimated due to two dams operated by the U.S Bureau of Reclamation and the U.S. Army Corps of Engineers.  After neglecting the species for 25 years from the time of its listing as endangered, those agencies decided in 2015 to replace one of the existing dams by constructing an even larger concrete dam across the Lower Yellowstone River accompanied by a bypass channel to purportedly allow some sturgeon to pass upstream and downstream—despite the best available evidence demonstrating that few fish, if any, will actually use the proposed bypass channel.  As a result, the court today found that the agencies’ proposed dam project violates the Endangered Species Act, the National Environmental Policy Act, and the Clean Water Act.  Especially in light of the urgent situation in which only 100 adult sturgeon remain before this species goes extinct, the court found that construction of the new dam would irreparably harm this species by failing to give it a reasonable chance at ultimate survival and recovery.  Our firm represents Defenders of Wildlife and Natural Resources Defense Council in this case.  The court’s ruling can be found here.

Case Filed To Obtain Scientific Data Relied on By Park Service to Kill Deer in Rock Creek Park

Today, we filed a case in the Federal District Court for the District of Columbia challenging the U.S. Geological Survey’s (USGS) recent decision to withhold under FOIA’s Exemption 5 purely factual information concerning the impact (or lack thereof) of native white tailed deer on vegetation in Rock Creek Park. Our clients submitted a FOIA request to the USGS seeking the scientific data collected, and the statistical analyses conducted, in support of a report on the impacts of the native white-tailed deer on vegetation in Rock Creek Park. This research is highly relevant to the National Park Service’s 2013 decision to begin an annual cull of the deer in Rock Creek Park—the first time any wildlife has been killed in this national park since it was created in 1890. In response to our clients’ FOIA request, the USGS withheld a broad array of records—including records that contain purely scientific data—under the exemption for agency materials protected by the deliberative process, even though such information is entirely factual in nature and is therefore not protected from public disclosure under any exemption to FOIA.  A copy of the Complaint can be found here.

Lawsuit Filed to Force Forest Service to Grapple with the Risks and Harms of Artificially Feeding Elk

On behalf of Western Watersheds Project, the Sierra Club, Wyoming Wildlife Advocates, and the Gallatin Wildlife Association, we have filed a lawsuit in federal district court in Washington, DC, challenging a permit issued by the United States Forest Service (USFS) to the Wyoming Game and Fish Commission, allowing the state agency to operate Alkali Creek Feedground, located in the Bridger-Teton National Forest (BTNF), until 2028.  Alkali Creek Feedground attracts hundreds of elk from the region’s Jackson elk herd and densely concentrates the animals in artificially high congregations, adversely impacting both the elk herd and the surrounding environment.  In particular, continued feeding at Alkali Creek Feedground risks exposing the herd to an outbreak of lethal chronic wasting disease, the equivalent of “mad cow” disease in deer and elk, which would devastate elk populations and cause widespread, irreversible damage to the Greater Yellowstone Ecosystem.  The USFS’s decision contradicts the widely accepted view in the scientific community that large feedgrounds such as the one challenged in this lawsuit, pose an unacceptable risk to the elk herd, other wildlife, and the surrounding environment.  The lawsuit charges that USFS’s decision to perpetuate the feeding regime on the BTNF despite its acknowledged adverse impacts and risks of ecological catastrophe violates the National Environmental Policy Act and the Administrative Procedure Act.  A copy of the plaintiffs’ press release concerning the case can be found here, and the Complaint can be found here.