Settlement Reached Over Coal-Fired Power Plant Financing Records

On behalf of the Sierra Club, we recently settled a Freedom of Information Act case in the U.S. District Court for the Northern District of California against the USDA and the Rural Utilities Service, whereby the government provided numerous records previously withheld from public disclosure regarding federal financing and subsidizing of new coal-fired power plants in Texas and Kentucky.

Amicus Brief Filed in Supreme Court NEPA Case

On behalf of Defenders of Wildlife, the Humane Society of the United States, and the Center for Biological Diversity, we have filed an amicus brief in a case pending in the U.S. Supreme Court raising significant questions concerning the standards and process for obtaining injunctive relief in cases arising under the National Environmental Policy Act.  A copy of the brief is here.

Challenge to FDA’s Delay On Non-animal testing petition

Today we filed a case in federal district court in D.C. against the Food and Drug Administration challenging its unreasonable delay in responding to a November 2007 rulemaking petition by a coalition of animal protection groups called “The Mandatory Alternatives (MAP) Coalition.”  The petition asks the FDA to promulgate regulations that would require manufacturers of drugs and medical devices to use alternative non-animal tests, when feasible, to demonstrate the safety and efficacy of their drugs and medical devices.  Animal tests, which costs millions of dollars, often do not produce valid or otherwise usable data, yet inflict excruciating pain and suffering on their animal subjects.   The requested regulation would bring the U.S. in line with the European Union which since 1986 has required the use of non-animal testing.  Read the Complaint. 

Meyer Glitzenstein & Crystal Welcomes New Receptionist LeBaron Frost

Meyer Glitzenstein & Crystal is pleased to announce that LeBaron Frost has joined the firm as our receptionist/secretary.  Bessie Smith, who had been the Firm receptionist/secretary for more than 15 years, has retired and we wish her all the best. Welcome aboard LeBaron.

Public Health Groups Ask The Supreme Court To Hear Tobacco Appeal

On behalf of six major public health organizations – Tobacco-Free Kids Action Fund, American Cancer Society, American Heart Association, American Lung Association, Americans for Nonsmokers’ Rights, and National African American Tobacco Prevention Network – we have filed a Petition for Certiorari in the U.S. Supreme Court in the long-running litigation brought by the Department of Justice over the cigarette companies’ violations of civil RICO.  In 2005, our clients were granted intervention to advocate for the most effective remedies to redress the companies’ misconduct.  Although in 2006 the trial court ruled that the companies engaged in a decades-long fraud concerning the health effects of smoking and the nature of nicotine, in May 2009 the D.C. Circuit concluded that the trial court has no authority under RICO to remedy this misconduct by requiring the companies to give up their unlawful profits, or fund programs to help addicted smokers quit smoking.  We, and the government, have asked the Supreme Court to accept the case to reverse this decision, and rule that the trial court has broad authority to impose appropriate remedies to address the effects of the tobacco companies’ fraud.  A copy of the Petition is here. 

Sierra Club et al Moves for Summary Judgment in Cypress Creek Town Center case

Plaintiffs Sierra Club, Gulf Restoration Network and Clean Water Action have completed summary judgment briefing challenging the construction of the Cypress Creek Town Center in Pasco County, Florida, asserting that the town center will degrade Cypress Creek, designated an Outstanding Florida Water, destroy occupied habitat for the federally listed Wood Stork and Eastern Indigo Snake, and sever a critical wildlife linkage traversing the site.

Plaintiffs SJ Motion

Government SJ Motion

Int. Def. SJ Motion

Plaintiffs SJ Opposition and Reply

Government SJ Reply

Int. Def. SJ Reply

Opening Brief Filed In First Circuit Canada Lynx Appeal

Today, the Animal Welfare Institute and the Wildlife Alliance of Maine filed their opening brief in the United States Court of Appeals for the First Circuit.  The appeal challenges a lower court decision that found a substantive violation of the Endangered Species Act’s strict prohibition on “taking” members of listed species, but failed to craft any declaratory or injunctive relief to remedy the violation.  The lower court’s unprecedented result has sanctioned unlawful conduct by the defendant in the case, the Maine Department of Inland Fisheries and Wildlife, effectively giving the defendant a green light to run roughshod over the Act’s mandates.