Environmental

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Titlesort ascending Summary
MI - Biological Diversity - Chapter 324. Natural Resources and Environmental Protection Act. These Sections describe the State's desire to conserve biological diversity as well as the State's strategy and considerations in achieving this goal. These sections also create the joint legislative working committee on biological diversity.
Ley Federal de Responsabilidad Ambiental
Ley Ambiental de Protección a la Tierra en la Ciudad De México
Kootenai Tribe of Idaho v. Veneman


In 1999, President Clinton ordered the Forest Service ("FS") to initiate a nationwide plan to protect inventoried and uninventoried roadless areas in national forests, which eventually became termed the "Roadless Rule" (after extensive study was conducted in the 1970's).  The Kootenai Tribe, several livestock and recreational groups, and other plaintiffs filed suit contending that the Roadless Rule violated the Administrative Procedure Act (APA) and the National Environmental Policy Act (NEPA), claiming the rule would prevent access to national forests for proper purposes (e.g., fighting wildfires and threats from insects or disease).  On appeal of the grant of preliminary injunction, the Court held the Forest Service complied with the APA and NEPA in implementing the roadless rule, the court noted the extensive public notification process as well as the impact statements, which considered a full range of reasonable alternatives.  The court held that the district court erred in finding a strong likelihood that the Forest Service violated NEPA, as there was only minimal showing of irreparable harm ("restrictions on human intervention are not usually irreparable in the sense required for injunctive relief"). 
Kleppe v. New Mexico


The state of New Mexico challenged the constitutionality of the Wild Free-Roaming Horses and Burros Act after they were ordered by the U.S. government to recover several wild horses they had rounded up from public lands within their state and sold at auction in violation of the WFRHBA.  The Supreme Court upheld the Act, finding it to be a valid exercise of federal power under the Article IV Property Clause of, which gave Congress the power to protect wildlife on state lands, state law notwithstanding. 
Joy Road Area Forest and Watershed Association v. California Department of Forestry and Fire Protection


The California Department of Forestry approved a developer's Timber Harvest Plan of cutting trees down to build a housing development. The court found that The California Department of Forestry abused its discretion by approving the Timber Harvest Plan because it had not given the public sufficient information about the plan, including the impact on the Northern Spotted Owl before approving it, and because the Timber Harvest Plan did not adequately address the issue of how the plan would affect water quality in the area.
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission.
In Defense of Animals v. U.S. Dept. of Interior


Plaintiff animal non-profits filed a Motion for a Temporary Restraining Order and/or Preliminary Injunction to stop the government from rounding up, destroying, and auctioning off wild horses and burros in the Twin Peaks Herd Management Area. Plaintiffs alleged that the government's actions violated the Wild Free–Roaming Horses and Burros Act and the National Environmental Policy Act. However, the initial phase of the plan sought to be enjoined (the roundup) had taken place. The court held that the interlocutory appeal from the denial of a preliminary injunction was moot because the roundup had already taken place.
In Arkansas Which Comes First, the Chicken or the Environment?


This article looks at the effect of Arkansas' extensive poultry industry, which operates without regulation, on the environment, wildlife, fish and water quality.
Humane Society of United States v. State Board of Equalization


Humane society and four state taxpayers brought action attacking government waste, requesting injunctive and declaratory relief that would bar implementation of tax exemptions for farm equipment and machinery as they applied to “battery cage” chicken coops that allegedly violated animal cruelty laws. State Board of Equalization demurred. Superior Court sustained without leave to amend the complaint and dismissed the case, which the Court of Appeal affirmed, stating that the plaintiffs did not allege a valid cause of action attacking government waste.

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