Squirrel Victorious: Judge Restores Protections of Endangered Species Act

Representing Friends of Blackwater and four other plaintiffs, we prevailed in a federal district court lawsuit to restore the protections of the Endangered Species Act to the West Virginia Northern Flying Squirrel.  Judge Emmet Sullivan’s opinion, rendered late Friday, returned the Squirrel to the list of endangered species and affirmed that the government must follow the recovery plans it creates for endangered and threatened species.  The ruling means that scientifically-based recovery criteria for endangered and threatened species, once adopted in a formal recovery plan, cannot be ignored due to political motivation or simple bureaucratic expediency.  Rather, if an agency believes that such recovery criteria are in need of revision (which was not established for the squirrel) then the agency must do so pursuant to the publicly and scientifically accountable process embodied in the law.  The opinion, Friends of Blackwater v. Salazar, Civ. No. 09-2122 (D.D.C. Mar. 25, 2011), is available here.

Amicus Brief Filed in U.S. Supreme Court Case on the Application of Federal Common Law to Climate Change

Today we filed an amicus brief in the United States Supreme Court on behalf of Defenders of Wildlife, the Center for Biological Diversity, and the National Wildlife Federation, supporting the State and Land Trust plaintiffs that brought suit challenging defendants’ substantial contributions to climate change as injurious to their proprietary and other interests that are being devastated by global warming and other climatic disturbances traceable to greenhouse gas emissions.  Specifically, our brief focuses on the threshold issue of standing in environmental cases, and argues that the plaintiffs adequately alleged all elements necessary for standing, especially in view of the limited nature of the Court’s inquiry in this case in light of the unique facts presented in this common law cause of action.  The oral argument will take place on April 19, 2011.

Lawsuit Filed Over San Francisco Killing of Endangered Species at Sharp Park Golf Course

Working with the Wild Equity Institute, we filed a lawsuit this week in federal district court in California over the San Francisco Recreation and Park Department’s unlawful “take” of federally protected species at Sharp Park golf course, a city-owned course located within Golden Gate National Recreation Area.  The Complaint alleges that in recent years, egg masses of the California red-legged frog have been jeopardized by the draining of wetlands to facilitate use of the golf course, and course operations also are causing the take of the endangered San Francisco garter snake, all in violation of the Endangered Species Act.  A copy of the Complaint is here.

Eubanks Speaking at National Conferences on Environmental Law Issues

Bill Eubanks has been invited to speak about the environmental impacts of wind energy at the Florida Public Interest Environmental Law Conference in Gainesville, Florida on Friday, February 25.  He will also speak on Saturday, February 26 on a panel advising lawyers and law students about green career paths in the legal realm.  In addition, Eubanks will speak on Saturday, March 5 at the Yale Law School Robert Cover Public Interest Law Retreat in Peterborough, New Hampshire.  His lecture will focus on a broad array of environmental legal issues including climate change, renewable energy development, and wildlife protection.  More information about the conferences can be found here: http://www.law.ufl.edu/piec/ and http://www.law.yale.edu/news/coverretreat11.htm.

MGC Attorneys Speaking about Wind Energy & Wildlife at Upcoming Conferences

Eric Glitzenstein has been asked to speak on a panel entitled “Regulatory Challenges for Wind Project Development” at the 18th Annual Endangered Species Act Conference in Seattle, WA on Friday, January 28 at 10:45am. More information about the panel and the conference can be found here: http://www.theseminargroup.net/seminar.lasso?seminar=11.ESAWA. Bill Eubanks will also be speaking that weekend on the topic of “Wind Energy Development and Wildlife” at the Villanova Law School Environmental Law Symposium in Villanova, PA on Saturday, January 29 at 9:15am. More information about the conference can be found here: http://www.eventbrite.com/event/1136694885.

D.C. Bar Magazine Highlights MGC’s Successes in ESA Impact Litigation

The Washington Lawyer recently published an article exploring impact litigation under the Endangered Species Act (ESA). The article highlights various recent cases litigated by Meyer Glitzenstein & Crystal, including the Beech Ridge lawsuit challenging the unlawful take of endangered bats by an industrial wind power facility, a successful challenge of BP's and the Coast Guard's burning of sea turtles after the Deepwater Horizon spill in the Gulf of Mexico, and our participation in the pending multi-district litigation over the listing of the polar bear under the ESA. The article is found here: :  http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/january_2011/going_gone.cfm

Brief Filed In Case To Protect Imperiled Mouse And Overturn Dangerous Endangered Species Act Policy

We have filed an opening brief on the merits in our case challenging the Bush Administration's decision to strip the Preble's Meadow Jumping Mouse of all Endangered Species Act protection in the Wyoming portion of its range (the subspecies remains protected in Colorado). The partial delisting decision was based on a controversial ESA policy adopted in 2007 and that, contrary to decades of prior practice, has been applied to limit the protection of not only the Preble's, but also wolves and other listed species. On behalf of the Colorado-based Center for Native Ecosystems and other conservation groups, we are seeking to restore full ESA protection for the Preble's, as well as invalidate the underlying policy limiting species protections. The case is pending in the U.S. District Court for the District of Colorado. For a copy of our brief, click here.