December 7, 2020:  Greens fight Feds’ attempts to resurrect Keystone XL

Law360

“Two nonprofits are seeking to block construction of the Keystone XL Pipeline in a new complaint filed in Montana federal court, arguing that the government is illegally attempting to resurrect the project and ‘obliterating’ Native American land….

“The Indigenous Environmental Network and North Coast Rivers Alliance claim in a new lawsuit that President Donald Trump, the Bureau of Land Management, and other federal agencies continue to ‘exacerbate’ the country’s global warming crisis by continuing to build the Keystone XL Pipeline.  The complaint argues the president and the government agencies persist in the effort despite its ‘illegality and profound environmental impacts’ on neighboring tribes, including the Fort Peck Reservation….

“‘When you fight a fire, step one is do not add more fuel to the fire,’ Steve Volker, plaintiffs’ lead counsel, told Law360 Monday.  ‘Approving Keystone does exactly that: It pours a massive amount of fuel on the global warming fire.'”

December 5, 2020:  FAA reverses approval of Campo Wind Project

East County Magazine

“The Federal Aviation Administration has reversed its earlier approval of the controversial Campo Wind project and related Boulder Brush Facilities.The project would erect 60 wind turbines, each 586 feet tall, on tribal land close to tribal and non-tribal homes in rural East County. (image, left)…

“In its remand letter dated Dec. 2, the FAA admitted to errors in its aeronautical study process…

“The action comes in response to a petition for review raised by the nonprofit Backcountry Against Dumps along with Boulevard residents Ed and Donna Tisdale, whose property shares a half-mile border with the project site on the Campo Indian reservation…

“‘Attorneys for our non-profit, Backcountry Against Dumps (‘Backcountry’), informed us yesterday that the FAA GRANTED our Petition for Review and vacated its previous approval of the Campo Wind Project,’ Tisdale told ECM in an email Dec. 4. ‘This means the Campo Wind Project cannot be built unless and until the FAA issues a new approval.  But before it may do that, the FAA must correct its errors, conduct further reviews, circulate a new decision for public review, and, if the new decision is to approve the project, afford us a further opportunity to petition for review.’…

“The action comes after attorneys for BAD and the Tisdales [at the Volker Law firm] filed an objection with the FAA seeking review of its July 16 determination that the project would cause no hazard to air navigation. Their filing asserts that “evidence before the FAA shows that each of the Project’s wind turbines will create significant hazards to air navigation” which must be addressed to resolve ‘serious safety concerns.'”

February 28, 2020:  Westlands Water District gets permanent U.S. contract for massive irrigation deliveries

Los Angeles Times

“The Interior Department on Friday awarded the nation’s largest farm water district a permanent entitlement to annual irrigation deliveries that amount to roughly twice as much water as the nearly 4 million residents of Los Angeles use in a year…

“Reclamation officials have said they do not have to conduct a review of the environmental impacts of granting permanent contracts because the WINN Act directs the agency to issue them.

“Not so, said attorney Stephan Volker, who represents tribal and salmon fishing groups who filed earlier challenges. ‘We will be in court again and I’m optimistic that we will overturn that unlawful approval,’ he said.

“‘The Bureau of Reclamation has never conducted an adequate [environmental] review that would identify the host of devastating impacts on the delta and its fish and wildlife that results in taking 1.2 million acre feet annually out of that beleaguered system and giving it to corporate farmers to apply to poisoned lands,’ Volker argued.”

December 23, 2019:  Native American and environmental groups defeat motions to dismiss their lawsuit against President Trump’s Keystone XL pipeline approval 

On Friday, December 20, 2019, the lead Plaintiffs in the litigation to stop the Keystone XL (KXL) Pipeline—the Indigenous Environmental Network (IEN) and North Coast Rivers Alliance (NCRA)—won a pivotal ruling from Montana Federal District Judge Brian Morris rejecting motions filed by pipeline promoter TC Energy (formerly TransCanada) and the Trump Administration to dismiss IEN’s and NCRA’s lawsuit to overturn President Trump’s approval of the KXL Pipeline.

Read more about the litigation, the Plaintiffs, and Judge Morris’ ruling in the press release linked below.  Judge Morris’ full 41-page ruling is also linked below, as is news coverage on the ruling.

Press release: 2019-12-21 Press Release

Judge Morris’ ruling: 2019-12-20 Order (Denying Motions to Dismiss) 

News coverage: U.S. judge rejects Trump’s bid to dismiss lawsuit over Keystone XL pipeline approval (Canadian Broadcasting Corporation)

News coverage: U.S. judge rejects bid to kill Keystone XL pipeline lawsuits (Billings Gazette)

December 23, 2019:  Environmental groups win court victory against Central Valley agricultural polluters 

On Friday, December 20, the Ninth Circuit Court of Appeals handed commercial and sports fishermen, biologists and conservation groups a major victory in their efforts to clean up contaminated discharges from the Central Valley’s Grassland Bypass Project.  The Project collects wastewater from 97,400 acres of farmed and unfarmed lands within California’s Central Valley.  The Project discharges substantial quantities of selenium and other pollutants into state and federal wildlife refuges and thence the San Joaquin River, the Delta and San Francisco Bay.  The Court unanimously denied the Petition for Panel Rehearing filed by the Defendant San Luis and Delta Mendota Water Authority and reconfirmed the Court’s September 6, 2019 Opinion for Publication reversing the Federal District Court’s dismissal of the Plaintiffs’ lawsuit against the Project.  The Court ruled that a Clean Water Act discharge permit is required for the Project despite the Act’s exemption of return flows from irrigated agriculture so long as any part of its wastewater is generated by activities unrelated to crop production.

Read more about the litigation and the Ninth Circuit’s ruling in the press release linked below.  The Court’s full 20-page ruling is also linked below.

Press release:  Press Release – Ninth Circuit 12-20-19 Opinion

Ninth Circuit’s ruling:  Ninth Circuit Amended Opinion on Rehearing 12-20-19

June 6, 2019:  The Ninth Circuit dismisses the Keystone XL pipeline appeals and remands to the District Court to dissolve its permanent injunction against project construction – but the fight is far from over

Today, the Ninth Circuit Court of Appeals dismissed the appeals filed by TC Energy (formerly TransCanada Corporation) and the U.S. Government and other parties in litigation challenging the original Presidential Permit issued for the Keystone XL Pipeline in March 2017 because that permit was revoked by President Trump following repeated court rulings that it was unlawful on multiple grounds.  Although President Trump issued a new Presidential Permit on March 29, 2019, that second permit was promptly challenged in what all plaintiffs believe is an even stronger lawsuit.  On Friday, April 5, 2019, the lead Plaintiffs in the original litigation that halted the Keystone XL (KXL) Pipeline – the Indigenous Environmental Network (IEN) and North Coast Rivers Alliance (NCRA) – filed a second lawsuit in Montana Federal Court challenging President Trump’s second permit.

Press release: 2019-6-7 Press Release

News coverage:  Court lifts injunction blocking Keystone XL oil pipeline

New complaint: Complaint for Declaratory and Injunctive Relief filed in Montana Federal Court April 5, 2019

April 24, 2019:  Regents sue over UCSC housing project: Conservation group claims approval violated state environmental law

Santa Cruz Sentinel

“A conservation group is suing the University of California Board of Regents over its approval of Student Housing West, a UC Santa Cruz housing project that has been met with an unprecedented wave of opposition…

April 5, 2019:  Pipeline opponents ask judge to strike down Trump’s permit

AP News

“Opponents of the long-stalled Keystone XL oil pipeline asked a federal court Friday in a lawsuit to declare President Donald Trump acted illegally when he issued a new permit for the project in a bid to get around an earlier court ruling…

April 5, 2019Native American and Environmental Groups File Suit to Overturn President Trump’s New Permit for the Keystone XL Pipeline

Today, the lead Plaintiffs in the original litigation that halted the Keystone XL (KXL) Pipeline – the Indigenous Environmental Network (IEN) and North Coast Rivers Alliance (NCRA) – filed a second lawsuit in Montana Federal Court challenging President Trump’s decision on March 29, 2019 to approve a second Presidential Permit reapproving the KXL Pipeline without conducting the additional environmental reviews that the federal courts have previously ordered.

Complaint: Complaint for Declaratory and Injunctive Relief filed in Montana Federal Court April 5, 2019

Press release: Press Release re Complaint filed against new KXL Pipeline Presidential Permit

February 15, 2019Native American and environmental groups defeat TransCanada’s effort to stay court’s injunction against the Keystone XL Pipeline Project

Today U.S. District Court Judge Morris issued a final ruling rejecting virtually all aspects of TransCanada’s motion for a stay of the court’s injunction against the Keystone XL Pipeline Project pending the Ninth Circuit Court of Appeals’ review of TransCanada’s appeal: 2-15-19 Supplemental Order Regarding Motion to Stay

February 11, 2019Court upholds ruling against PG&E in East Bay tree-removal plan

“PG&E’s plan to uproot hundreds of trees in the city — which is already up in the air because of the utility’s bankruptcy filing — faced another obstacle after a state appeals court upheld a grassroots group’s claim against the project.  In a ruling announced Feb. 8, the Court of Appeal’s First Appellate District reaffirmed its finding that a Contra Costa County Superior Court judge had erred…

November 11, 2018:  Judge blocks construction of Keystone XL pipeline

Great Falls Tribune

“I would call it a landmark ruling because it overturns a presidential decision purporting to find that a transboundary project is in the public interest,” Stephan Volker, a Berkeley-based attorney for the plaintiffs, told the Tribune. “And Judge Morris correctly ruled it was not in the public interest because Secretary Kerry had found in a detailed ruling several years ago it was not in the public interest…

November 9, 2018:  In a setback for Trump, judge blocks Keystone Pipeline construction

NPR

“A U.S. district judge has issued an order blocking construction of the controversial transnational Keystone XL Pipeline until the State Department conducts further study of its impact on the environment…

November 8, 2018Native American and environmental groups win court ruling overturning President Trump’s approval of Keystone XL Pipeline

11-8-18 Order Granting Summary Judgment In Part

Press Release re Court Order Overturning Keystone XL Pipeline 2018-11-8
“On Thursday, November 8, 2018, the Honorable Brian Morris, United States District Judge for the District of Montana in Great Falls, issued a landmark ruling in favor of the lead Plaintiffs in the litigation to stop the Keystone XL (“KXL”) Pipeline, the Indigenous Environmental Network (IEN) and the North Coast Rivers Alliance (NCRA), and other groups….

October 25, 2018PG&E loses round in court on plan to remove Lafayette trees

East Bay Times

“PG&E’s plan to uproot hundreds of trees was dealt a setback when a state appeals court sided with a grassroots group opposing the project….

August 16, 2018Great Falls judge orders new federal review of Keystone XL pipeline

Great Falls Tribune

“A federal judge has ordered the U.S. State Department to conduct a more thorough review of the Keystone XL pipeline’s proposed pathway after Nebraska state regulators changed the route, raising the possibility of further delays to a project first proposed in 2008.

August 16, 2018: Judge orders new federal review of Keystone XL pipeline

The Seattle Times

“A federal judge has ordered the U.S. State Department to conduct a more thorough review of the Keystone XL oil pipeline’s proposed pathway after Nebraska state regulators changed the route, raising the possibility of further delays to a project first proposed in 2008…

August 15, 2018: Native American and environmental groups win court ruling requiring President Trump to conduct further Keystone XL Pipeline review

Press Release 8-15-18

“On Wednesday, August 15, 2018, the Honorable Brian Morris, United States District Judge for the District of Montana in Great Falls, issued a preliminary ruling in favor of the lead Plaintiffs in the litigation to stop the Keystone XL (“KXL”) Pipeline, the Indigenous Environmental Network (IEN) and the North Coast Rivers Alliance (NCRA)…

November 17, 2009Judge blocks resumption of gravel mining along Russian River

Press Democrat

“An attempt by Syar Industries to temporarily resume gravel mining along Russian River terraces has been blocked by a Sonoma County Superior Court judge’s ruling that county supervisors exceeded their authority in granting a permit extension to the quarry company.  In a 12-page opinion…

May 27, 2009Obama: Waiting for the Sunrise?

San Diego Weekly Reader

“What began as a local backcountry struggle over San Diego Gas & Electric’s proposed Sunrise Powerlink is now a national issue, one that opponents of the project hope will challenge a key energy strategy of the Obama administration.  The national scope was underscored…

May 21, 2009Plaintiffs Win Pesticide Fight; Feds Withdraw Apple Moth Spray

Berkeley Daily Planet

“The federal Environmental Protection Agency (EPA) has ordered a ban on two controversial sprays used to battle the light brown apple moth (LBAM), ending a lawsuit filed by attorney Stephan Volker on behalf of environmental activ-ists and the mayors of Albany and…

May 12, 2009EPA pulls 2 moth pesticides; more in pipeline

San Francisco Chronicle

“The U.S. Environmental Protection Agency has revoked approval of two moth pesticides pulled from aerial spraying over a dozen California counties last year when residents argued in a Santa Cruz court that the government failed to adequately assess health and…

April 23, 2009Jamul’s plan to build casino may not stand test of history

San Diego Union Tribune

“A U.S. Supreme Court ruling that rattled American Indian tribes across the country has raised significant new legal questions about the Jamul tribe’s controversial bid to build a large casino 20 miles east of downtown San Diego. The development comes as Jamul’s financial partner put the odds of casino…

March 24, 2009:  Local Groups File Appeal, Ask BLM to Reverse Powerlink Approval

East County Magazine

“An appeal to the U.S. Department of the Interior over its Bureau of Land Management (BLM) approval of San Diego Gas & Electric’s Sunrise Powerlink transmission project was filed Monday by three local organizations in San Diego County.  The appeal notice to the Interior Board of Land Appeals is the first step to…

March 18, 2009Bay Trail Backers Sue State, Chevron Over Richmond Wharf

Berkeley Daily Planet

“Bay Trail advocates have sued the State Lands Commission (SLC) and Chevron U.S.A., challenging the agency’s decision to renew the lease for Richmond’s Long Wharf Terminal.  The action, filed in Alameda County Superior Court March 5, seeks to reverse…

February 25, 2009:   Supreme Court Ruling Raises Richmond Casino Questions

Berkeley Daily Planet

“A U.S. Supreme Court ruling handed down Tuesday raises new questions about the fate of two Richmond area casino projects.  But Berkeley entrepreneur James D. Levine, backer of the proposal for a $1.5 billion resort at Point Molate, said his lawyers…

February 11, 2009Obama Justice Dept. Moves to Keep Moth Spray Secret 

Berkeley Daily Planet

“For one prominent Bay Area attorney, the bloom is already off the Obama rose.  Stephan Volker is the lead attorney in a case that pits a group of plaintiffs, including the North Coast Rivers Alliance, an Air Force major and his son, a Santa Cruz city…

February 11, 2009:  Don Quixote Fights the Windmills – and so do the Folks in Boulevard

East County Magazine

“Just as Miguel de Cervantes’ infamous Spaniard, better known for his dubious love exploits, goes to battle against his giants, the tiny backcountry community of Boulevard is waging several fronts against modern-day giant windmills.  Community Planning Action Group Donna Tisdale…

February 7, 2009:  Sonoma County grading rules draw lawsuit

Press Democrat

“Environmental groups have sued Sonoma County supervisors for approving a new grading ordinance that they say falls short of environmental rules.  They argue the new law should include a requirement that farmers undergo environmental review and studies before planting new vineyards…

January 28, 2009:  Lawsuit Challenges Point Molate Casino

Berkeley Daily Planet

“Two environmental groups filed suit Monday in an effort to block construction of a casino resort and condo complex at Richmond’s Point Molate.  Richmond attorney Stephan Volker filed the action in Contra Costa County Superior Court on behalf of Citizens for Eastshore State Park and…

November 1, 2008:    Judge rejects county Water Agency Plan

Press Democrat

“A judge’s ruling this week against the Sonoma County Water Agency could profoundly affect future development on the North Coast, as well as the protection of endangered species and conservation efforts.  The case involves the Urban Water Management Plan, a crucial document…

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