Monday, October 22, 2012
Ninth Circuit Rules For Conservation Groups in Pipeline Dispute
In a case we litigated on behalf of
the Center for Biological Diversity, Defenders of Wildlife, and others, the
U.S. Court of Appeals for the Ninth Circuit has agreed with our position that
the massive Ruby Pipeline Project – a 678-mile natural gas pipeline extending
from Wyoming to Oregon – was approved by the federal government in violation of
the Endangered Species Act (ESA). The Court held that the determination
by the Fish and Wildlife Service that the pipeline – which crosses 209 rivers
and streams that support federally endangered and threatened fish species –
will not jeopardize listed species was improperly based on purported protective
measures for the species that were set forth in a “conservation plan” that was
not enforceable under the ESA. The Court also held that the Service
failed properly to take into consideration the impacts of the project on
groundwater resources. A copy of the ruling is attached here.