Among the Center for Justice’s first clients was the remarkable citizen group Save Our Summers (SOS) that has won several battles in the past decade to protect eastern Washington residents from the harmful health effects of smoke from field burning.
Save Our Summers v. Washington State Department of Ecology, Federal Court for Eastern District of Washington, CS-99-269-RHW, 9th Cir. case # 01-35632. SOS and individuals sued Ecology for implementing its wheat stubble burning program in a manner that violated the Americans with Disabilities Act and Rehabilitation Acts. Specifically, plaintiffs claimed that by permitting over 200,000 acres of wheat stubble to be burned each fall, Ecology’s program was prohibiting individuals with asthma or cystic fibrosis from participating in basic public accommodations. Case dismissed in federal district court. Appealed to the 9th Circuit, but settled and dismissed before heard by the 9th Circuit. Settlement included significantly limiting acres burned on any given day, health studies, and ultimately new rule making. The new rules went into effect in 2007 and have drastically reduced public complaints about agricultural burning in Washington.
The Spokane River (here flowing through the Bowl & Pitcher) has become the main focus of the Center’s environmental protection efforts. We work closely with our client, the Sierra Club’s Upper Columbia River Group.
Pakootas v. Teck Cominco, 452 F.3d 1066 (9th Cir. 2006), cert denied 128 S.Ct. 858 (2008): Center represented Sierra Club and Sierra Club of Canada as friends of the court in appeals involving the liability of Teck Cominco, a Canadian mining company with a smelter in Trail, B.C., for cleanup under the U.S. Superfund law of Lake Roosevelt. Ninth Circuit ruled that Teck Cominco was responsible for the cleanup of the site as it was entirely within the U.S. To read opinion, click here.
Sierra Club v. Avista, Permit No.95-09109 (Administrative Appeal before Idaho Department of Water Resources): Appeal of water right application by Avista for a power plant on the Rathdrum Prairie in Idaho. As a result of the appeal, Avista voluntarily withdrew application.
Sierra Club v. City of Spokane: Sierra Club filed notice of intent to sue the City of Spokane for unlawful sewer overflows into the Spokane River. Negotiations with the City resulted in a settlement agreement in July 2008 that should end all dry weather overflows of untreated sewage to the Spokane River and to Hangman Creek. CFJ article on settlement.
Avista Corp. v. U.S.Bureau of Indian Affairs, Docket No. DCHD 2007-01 (FERC Project Nos. 2545,12606) (Decision, January 8, 2007): Appeal by Avista of environmental conditions imposed by the Bureau of Indian Affairs to protect Lake Couer d’Alene from the impacts of Post Falls Dam. The Center represented Sierra Club as an intervenor in the proceeding. Judge Pearlstein issued a decision affirming the facts supporting most of Interior’s conditions, finding that Post Falls dam does indeed affect water temperatures and dissolved oxygen levels of the lake, contributes to shoreline erosion and loss of wetlands, and also adversely effects tribal cultural resources
Conservation
Defenders of Wildlife v. Martin, Case No CV-05-248-RHW (Eastern District of Washington): Center acted as local counsel for coaltiion of conservation groups. US District Judge Whaley issued a sweeping ruling that the Forest Service is violating the Endangered Species Act in failing to protect woodland caribou in North Idaho from snowmobiles. The court also issued an expanded injunction closing most of the caribou recovery zone to protect caribou.
Stevens County v. Department of Interior, Case No 06-cv-00156-EFS (Eastern District of Washington): Center acted as local counsel for Defenders of Wildlife and Friends of the Little Pend Oreille National Wildlife Refuge in their intervention into challenge of cattle grazing ban on the Little Pend Oreille National Wildlife Refuge. Judge Shea ruled in favor of the conservation groups and Department of Interior upholding the ban on grazing in the refuge.