Environmental Law Clinic Cases
Current Cases | Recent Victories
Current Cases
White-Tailed Prarie Dog Complaint
On November 27, 2007, the Environmental Law Clinic students acting on behalf of several conservation groups filed a complaint against the U.S. Fish and Wildlife Service challenging the Service’s refusal to list the white-tailed prairie dog as threatened or endangered under the Endangered Species Act. The white-tailed prairie dog is an indicator of healthy wildlife populations in the sagebrush sea of the west. A number of animals depend on the prairie dog for their survival, including endangered black-footed ferrets, burrowing owls, mountain plovers, and ferruginous hawks. Once ranging throughout western Colorado, eastern Utah, Wyoming, and south-central Montana, the prairie dog has declined by over 92% throughout its range. Oil and gas drilling, shooting, poisoning, and disease have taken their toll. Earlier this year, the U.S. Fish and Wildlife Service admitted that Julie MacDonald, a former Interior Department appointee, overruled biologists to deny protecting the white-tailed prairie dog under the Endangered Species Act. The Fish and Wildlife Service has stated that they believed the denial of protections “should be reconsidered” and indicated they believe a full status review is necessary, effectively overriding MacDonald’s interference. However, the Service has stated that they would only undertake the review when funding becomes available, and the Service has a large backlog of unfunded actions to take first. The lawsuit seeks to ensure the white-tailed prairie dog is safeguarded under the Endangered Species Act, a safety net for wildlife on the brink. On behalf of our clients, the Environmental Law Clinic is seeking a formal commitment to which the Service can be held legally accountable to complete the status review by a certain date.
White-Tailed Prarie Dog Complaint »
Caged Bird Listing Petition
On January 29, the environmental clinic petitioned the Secretary of the Interior to domestically and internationally protect tropical birds most wanted by pet traders on behalf of animal advocacy group, Friends of Animals. Listing these birds under the U.S. Endangered Species Act will head off poachers and collectors, increase funding and attention for research and habitat protection, and draw scrutiny to projects proposed by U.S. government and lending agencies worldwide. Named in the Petition are Hyacinth macaws, Blue-throated and Blue-headed macaws, Military macaws, Grey-cheeked parakeets, Yellow-billed parrots, Red-crowned parrots, Thick-billed parrots, Crimson shining parrots, Great green macaws and Scarlet macaws as well as Philippine, White, and Yellow-crested cockatoos.
Checkerspot Complaint
On behalf of WildEarth Guardians and the Center for Biological Diversity, the Environmental Law Clinic filed suit against the U.S. Fish and Wildlife Service over its failure to grant federal protection to the Sacramento Mountains checkerspot butterfly in response to a listing petition filed last summer by the groups. Under the Endangered Species Act, the Service is supposed to respond to a petition within 90 days. The butterfly occurs on less than 2,000 acres of private and Lincoln National Forest land within a six-mile radius around the village of Cloudcroft, New Mexico, and faces many threats in its narrow range. The most significant threats are insecticide spraying, climate change, habitat destruction from urban sprawl, off-road vehicles and livestock grazing, fire suppression, and exotic weed proliferation.
Cherokee NOI
On behalf of Rocky Mountain Clean Air Action, the Environmental Law Clinic filed a notice of intent to sue Minneapolis energy giant Xcel over emissions at a Colorado power plant. The notice of intent is required pursuant to the federal Clean Air Act citizen suit provision. Over the past five years, Xcel has continuously violated emissions and monitoring regulations at its Cherokee Station Power Plant, located in Adams County, just north of Denver.
Recent Victories
On behalf of the Animal Protection Institute, the clinic sued the Maine Department of Inland Fisheries and Wildlife to stop the department from continuing to violate the Endangered Species Act by allowing trappers to use traps that catch, injure and sometimes kill threatened and endangered species, such as Canada lynx. Under the ESA, killing, injuring or trapping species listed as threatened or endangered constitutes a “take,” and is illegal absent an exemption from the federal government. According to the suit, the Maine Department of Inland Fisheries and Wildlife has been illegally causing takes of lynx by licensing trapping in northern Maine. On October 4, 2007, a consent decree was signed by United States District Judge John A. Woodcock, Jr. in Bangor, Maine. The consent decree includes restrictions on the types of traps that may be used and reporting requirements for trappers who capture a threatened or endangered species.
Animal Protection Institute v. Martin Consent Decree »
On behalf of the Louisiana Crawfish Producers Association and Mr. Harold Schoeffler, the clinic successfully sued the U.S. Fish and Wildlife Service (FWS) for neglecting to designate critical habitat for the threatened Louisiana Black Bear. The Louisiana Black Bear was added to the endangered species list in 1992 as a result of a citizen petition from Mr. Scoheffler, but FWS failed to designate critical habitat. Oil and gas exploration and logging are destroying the swamps and bottom land hardwood forests that are home to these bears.