Environmental

Displaying 1 - 10 of 107
Titlesort descending Summary
Adrian v. Vonk


Ranchers sued State for damage to their property from prairie dogs from public lands. The Supreme Court held that statutes governing State's participation in programs to control prairie dogs did not contain express waivers of sovereign immunity; State's statutorily-mandated actions in controlling prairie dogs were discretionary acts, and ranchers' action was barred by sovereign immunity; and statute did not provide for a nuisance cause of action against the State.
AGENDA: Who Governs the Public Lands: Washington? The West? The Community?
Alliance for the Wild Rockies v. Austin Plaintiff challenged the defendants' approval of the Rennic Stark Project in the Ninemile Ranger District of the Lolo National Forest under the National Environmental Policy Act, the National Forest Management Act, the Endangered Species Act, and the Administrative Procedure Act. The Project proposed a host of forest management measures. Under the National Environmental Protection Act, the defendant published an Environmental Assessment (“EA”) for the project in November 2012. The EA discussed the likely effects of the project on a number of wildlife species, including the ESA-listed threatened Canada lynx, the Forest Service-sensitive fisher, the Forest Service-sensitive North American wolverine, goshawk, and westslope cutthroat trout. The defendant signed and issued a Decision Notice adopting Alternative 2 from the EA, as well as a Finding of No Significant Impact. Plaintiff timely appealed the defendant's decision, but the defendant denied the appeal. Plaintiff then filed its complaint in this court and moved for summary judgment. Defendants filed their cross-motion for summary judgment. Plaintiff's motion for summary judgment was denied on all claims and defendants’ motion for summary judgment was granted on all claims.
Alliance for the Wild Rockies v. Weber


An environmental group sued the U.S. Forest Service claiming it violated the National Environmental Protection Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA) when it permitted the implementation of the Flathead National Forest Precommercial Thinning Project. The court that the defendants' designation of matrix habitat was not arbitrary and that there was no showing of irreparable harm to lynx habitat to require the Service to be enjoined from implementing project. Likewise, plaintiffs’ claims regarding the grizzly bear’s critical habitat did not prevail; nor did the plaintiffs’ claims regarding the National Forest Management Act’s Inland Native Fish Strategy. The court, therefore, granted the defendants' motion for summary judgment and denied the plaintiffs' motion.
Ambros-Marcial v. U.S.


Eleven illegal aliens tragically died in Arizona while attempting to cross the Sonoran Desert in May 2001. Plaintiffs, the aliens' surviving relatives, filed suit under the Federal Tort Claims Act, claiming that the manager of the Cabeza Prieta National Wildlife Refuge where decedents were found, caused their deaths by refusing to allow an immigrant rights group to erect water drums on the refuge in April 2001. Defendant moved to dismiss, arguing that (1) the Court lacks jurisdiction because the decision was a “discretionary function” under 28 U.S.C. § 2680(a), and (2) Plaintiffs failed to state a claim because Defendant owed no duty to Plaintiffs. Defendant filed a motion for summary judgment and motion to dismiss. The District Court held that defendant's concerns about the safety of aliens (who might be encouraged to cross the area because of the presence of water drums), the safety of refuge visitors (who have been victimized by a small percentage of illegal crossers), and environmental harm (arising from habitat disruption and littering of debris) gave Defendant the discretion to decline to authorize the erection of water drums on Cabeza Prieta, and therefore the Court has no jurisdiction to hear this case. In addition, Defendant owed no duty to affirmatively assist trespassers illegally crossing Cabeza Prieta in avoiding the obvious dangers of a hostile desert. Therefore, Defendant's motion for summary judgment is granted.
American Horse Protection Assoc. v. Andrus


The court stated that the Secretary’s decision to remove 3,500 to 7,000 wild horses in order to maintain the horse population at a permanent level might qualify as “major” federal action and thus require an EIS before removal could occur.

  

While the secretary has wide discretion under the WFRHBA, he has no discretion regarding compliance with NEPA.  The court also held that  the exercise of jurisdiction by two courts over public lands created no threat of conflicting decisions on range utilization, because the courts only determined whether the land use decision was an informed one.
Anderson v. State Department of Natural Resources


A paper manufacturing company sprayed pesticides on their tree grove, but accidentally over sprayed killing some of plaintiff's commercial bees.  The commercial beekeeper sued the paper manufacturing company and the trial court granted summary judgment in favor of the paper company.  The Supreme Court of Minnesota ultimately reversed the grants of summary judgment on the commercial beekeeper's negligence claims and affirmed dismissal of the nuisance claims. 
Animal Rights Front, Inc. v. Jacques


An environmental nonprofit organization sought an injunction to prevent a housing development from being constructed.  The nonprofit organization claimed the development was in violation of the Connecticut Endangered Species Act because it would destroy the habitat of an endangered rattlesnake.  The trial court held the development was lawful and the Court of Appeals affirmed.
Animal Welfare Institute v. BP America, INC
AU - Wildlife Protection- Queensland Nature Conservation Act 1992

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