|
Below are the major cases and issues being worked on currently by WildLaw
staff. Not included in this listing are literally hundreds of other actions
WildLaw takes every year. We have decided to include in the Docket only those
actions that amount to major cases or issues. But we also do reviews and write
scoping and other comment letters on several hundred other projects every year.
For instance, WildLaw reviews and is involved in all proposed projects in all
the National Forests in the South from Louisiana to Virginia, which alone is
several hundred projects each year. We also review dozens of proposals from the
U.S. Fish and Wildlife Service, TVA, the Army Corps of Engineers, the National
Park Service, state agencies, and many other agencies every year, as those come
up. We will not include those in the Docket until they reach at least the
appeal stage; otherwise, the Docket would get so long as to be unwieldy.
Nor does the Docket include cases and issues WildLaw worked on previously
but has now concluded. A history of our work and cases that have been finished
is provided elsewhere on our website.
|
|
|
National Forests
|
Case/Appeal/Issue: Appeal of Revised Management Plan for the National Forests in Alabama
Geography Affected: All 665,000 acres of the National Forests in Alabama
Clients: Wild South, SAFC, Alabama Wilderness Alliance, and other clients
Attorney: Ray Vaughan
Main Issues: Oil and gas drilling and coal mining, public participation in oil and gas
and mining issues, NEPA compliance, old growth protection, roadless area protection
Status: Pending before Chief of the US Forest Service
Description: WildLaw is challenging portions of the new management plan for the National
Forests in Alabama. In particular, we contest (1) the Forest Service's opening of the Bankhead
National Forest to coal mining and coalbed methane gas drilling without public comment or NEPA
analysis, (2) the total lack of protections for old growth in these forests, and (3) the failure
to have a complete roadless area inventory and the failure to protect some of Alabama's crown
jewels, such as the Brushy Fork roadless area.
|
Case/Appeal/Issue: Appeal of Revised Management Plan for the
Chattahoochee and Oconee National Forests in Georgia
Geography Affected: All the National Forests in Georgia
Clients: Wild South, SAFC, Georgia ForestWatch and other clients
Attorney: Ray Vaughan
Main Issues: NEPA compliance, old growth protection, water
quality protection, roadless area protection
Status: Pending before Chief of the US Forest Service
Description: WildLaw is challenging portions of the new management plan for
the National Forests in Georgia. In particular, we contest (1) the lack of
standards for protection of water quality through good streamside management zones, (2) the lack of
protections for old growth in these forests, and (3) the failure to have a complete roadless area inventory
and the failure to protect some of Georgia's crown jewels.
|
Case/Appeal/Issue: Appeal of Revised Management Plan for the Daniel Boone National Forest in Kentucky
Geography Affected: All of the Boone National Forest
Clients: Wild South, Heartwood, Kentucky Heartwood, and other clients
Attorney: Ray Vaughan
Main Issues: NEPA compliance, old growth protection, water quality protection, roadless area protection
Status: Pending before Chief of the US Forest Service
Description: WildLaw is challenging portions of the new management plan for the Daniel Boone National Forest in Kentucky. In particular, we contest (1) the lack of standards for protection of water quality through good streamside management zones, (2) the lack of protections for old growth, and (3) the failure to have a complete roadless area inventory and the failure to protect some of Kentucky’s crown jewels.
|
Case/Appeal/Issue: Appeal of Revised Management Plan for the Sumter National Forest in South Carolina
Geography Affected: All of the Sumter NF
Clients: Wild South, SAFC, SABP, SCFW, many other clients
Attorney: Steve Novak
Main Issues: NEPA compliance, old growth protection, water quality protection, roadless area protection
Status: Pending before Chief of the US Forest Service
Description: WildLaw is challenging portions of the new management plan for the Sumter National Forest in SC. In particular, we contest (1) the lack of effective standards for protection of water quality through good streamside management zones, (2) poor discussion and selection of alternatives in violation of NEPA (3) improperly excluded roadless areas and faulty wilderness demand figures, (4) improper OG guidance, conflicting with Region 8 guidance, etc.
|
Case/Appeal/Issue: Roadless Area Conservation National Advisory Committee
Geography Affected: All inventoried and uninventoried roadless areas in the entire National Forest System, which is more than 70,000,000 acres.
Clients: Wild South, SAFC, and other clients
Attorney: Ray Vaughan
Main Issues: Roadless area protection
Status: Ongoing before the Secretary of Agriculture
Description: Ray Vaughan was the only person from the South selected to be a member of the Roadless Area Conservation National Advisory Committee (RACNAC) by the Bush Administration’s Department of Agriculture that oversees the U.S. Forest Service. Before the RACNAC held its first meeting in December 2005, WildLaw was able to get a commitment not to allow projects to proceed in roadless areas while the Committee process is working over the next two to three years, protecting more than 120,000 acres for the time being. Secondly, at the first Committee meeting itself, WildLaw got a commitment to allow uninventoried roadless areas to be included in the review process for petitions from Governors. What this means is that literally millions of acres of roadless areas (how much is not known but it is estimated to be up to 10-15 million acres nationwide) that were NOT protected by the Clinton Roadless Rule could get protection under the Bush rule.
|
|
Case/Appeal/Issue: North Shore Road (GSMNP)
Geography Affected: Western North Carolina, but National in scope as it is a National Park
Clients: Wild South, SAFC, SABP, Carolina Mountain Club, the Southern Highlanders, possibly a few individuals
Attorney: Steve Novak
Main Issues: NEPA compliance, absurd waste of money and trashing of one of the nicest places in the south, major potential water quality issues
Status: comments filed on the DEIS, final EIS expected fall 2006.
Description: Controversial proposal to build 30 mile road across N. Shore of Lake Fontana in the Great Smoky Mountains National Park. Estimates are a cost of over $600 million, and untold destruction to the incredible water resources in the Park. If a build alternative is approved, WildLaw (and others) are almost certain to undertake litigation to stop this.
|
|
Case/Appeal/Issue: Stecoah/Baldwin Gap/North Carolina National Forest Roads Issues
Geography Affected: Western NC
Clients: Wild South, SAFC, SABP
Attorney: Steve Novak
Main Issues: Improper up-classification of roads in NC at project level without appropriate NEPA or documentation
Status: Stecoah appeal recently denied; Baldwin Gap denied several months ago—looking towards FS for some action they have promised us, or possibly undertake litigation on these points.
|
|
Case/Appeal/Issue: Ocala National Forest: Access Plan (Off-Road Vehicles) Appeal
Geography Affected: 140,000 acres of the Ocala National Forest
Clients: Save Our Big Scrub, Wild South
Attorney: Brett Paben
Main Issues: NFMA (Forest Plan), NEPA, OHV regulations/Executive Orders
Status: Appeal filed March 3, 2006; decision pending
Description: Although we supported the Forest Service’s decision to designate trails for OHVs and appreciate the thoroughness of the analyses, we had a number of concerns for this project which we would like to hold up as a model for the rest of the Forests to follow. These concerns are: (1) violations of the Forest Plan – (a) the designation of a 37-acre OHV “concentrated use” (i.e., impact) area and (b) the designation of roads not necessary; (2) violations of the OHV regulations by not “minimizing” impacts to Forest resources; (3) inadequate enforcement and monitoring; and (4) some NEPA concerns.
|
|
Case/Appeal/Issue: Healthy Forests Ombudsman
Geography Affected: The entire National Forest System
Clients: Wild South, SAFC, and other clients
Attorney: Ray Vaughan
Main Issues: Healthy Forests Initiative and the Healthy Forests Restoration Act
Status: Ongoing before the Under Secretary of Agriculture
Description: WildLaw formed the Office of the Healthy Forest Ombudsman (www.healthyforests.net) as a means to review and hold accountable projects done under the Bush Administration’s Healthy Forests Initiative (HFI) and the 2003 Healthy Forests Restoration Act (HFRA). WildLaw has reviewed hundreds of HFI and HFRA projects and compiled the largest and most complete database of HFI and HFRA projects anywhere, showing that 86% of all such projects actually do comply with all laws. WildLaw also has provided training in using HFI and HFRA to more than 100 Forest Service employees, including dozens of district rangers. Use of the information compiled during this project helped prevent the introduction and passage of another “salvage” rider in Congress after Hurricane Katrina; our work showed that the Forest Service was doing a good job with HFRA in the South and did not need any additional legislative authority.
|
|
Case/Appeal/Issue: WildLaw v. U.S. Forest Service: Lawsuit over the Healthy Forests Initiative Regulations
Geography Affected: The entire National Forest System
Clients: Wild South, SAFC, Appalachian Voices, and many other clients nationwide
Attorney: Ray Vaughan, Brett Paben
Main Issues: legality of new regulations under the Healthy Forests Initiative
Status: Fully argued and pending in the U.S. District Court for the Middle District of Alabama
Description: This lawsuit challenges the lack of environmental analysis under the National Environmental Policy Act for these new regulations (they did none) and has a facial challenge to the new rules= compliance with the National Forest Management Act and the Appeals Reform Act. This is the first (and so far only) lawsuit in the nation filed against all these new anti-environmental and anti-democratic regulations.
|
|
Case/Appeal/Issue: White Paper on new National Forest Management Act Regulations
Geography Affected: The entire National Forest System
Clients: Wild South, SAFC, Appalachian Voices, and many other clients nationwide
Attorney: WildLaw Staff
Main Issues: Legality of new planning regulations under NFMA
Status: Report released and being used in new plan revisions for the National Forests in Mississippi, the Uwharrie and the Pisgah/Nantahala National Forests in North Carolina, and the George Washington National Forest in Virginia.
Description: After the new regulations came out, WildLaw developed a detailed and complete white paper on them, to be used as a guide by activists throughout the nation on the new regulations. This is still the most thorough review of the new regulations available anywhere. We have received a lot of feedback from people who have read the white paper, well over 200 e-mails and dozens of phone calls and personal conversations thanking us for it or asking follow-up questions. From what we have heard, WildLaw was the only environmental legal group than actually obtained the ISO 14001-2004, which will be the basis for the new environmental management systems (EMS) implemented on all National Forests under the new regulations. Due to copyright protections, the Forest Service refused to distribute this vital part of their new regulatory scheme to the public, but we found a way to do so. WildLaw filed Freedom of Information Act requests in order to force the public availability of the ISO; we obtained a public copy from the Forest Service and made it available to others. We have also heard from high level officials in USDA, CEQ and in the House of Representatives that they read our white paper. We have heard from many Forest Service field staff that they read our white paper in order to try to understand what their own agency just told them to do. We have even heard from timber industry people that they use our white paper to help them understand the new regulations. The white paper has been downloaded off our web site more than 1,200 times since it was put up. We are taking the lead on challenging these new regulations through the plan revisions for the forest in NC, VA and MS.
|
|
Case/Appeal/Issue: Assisting the Forest
Service with OHV Solutions
Geography Affected: 527,000 acres of the
Apalachicola and Ocala National Forest
Attorney: Brett Paben
Main Issues: GIS mapping user-created travel
ways (e.g., renegade routes) in the Unrestricted Areas
of the Apalachicola and Ocala National Forests
Status: Final report due July 2006
Description: Unmanaged OHV impacts are
probably the biggest threat facing the National
Forests in Florida. Under a grant from the National
Forest Foundation, WildLaw is creating GIS maps of the
uninventoried, user-created OHV routes to assist the
Forest Service in identifying these impacted areas as
they implement the new OHV rules in Florida. WildLaw
is also producing a report with recommendations for
areas to set aside from future OHV use and to restore
areas that have already been heavily impacted by OHV
use.
|
|
Case/Appeal/Issue: Black Belt Prairie National Grassland proposal
Geography Affected: 100,000 acres of the Black Belt in west-central Alabama
Clients: Wild South
Attorney: Ray Vaughan
Main Issues: creation of the first National Grassland in the Southeast
Status: Building political and public support
Description: Along with The Nature Conservancy, WildLaw is spearheading an effort to get a 100,000-acre national grassland created in the Black Belt Prairie region of central Alabama. The grassland would be mitigation for and an accompanying project to the planned expansion of Interstate 85 from Montgomery to Mississippi; the interstate will go right through the Black Belt. WildLaw commissioned an economic study by Dr. Diane Hite of Auburn University that showed this proposal would have a major positive impact on the region and state. This proposal has received significant coverage in the media and much support from major governmental and business leaders. If successful, this project would restore one of the most endangered ecosystems in the world, provide a huge economic boost to one of the poorest regions in America, and give Alabama the only national grassland in the southeastern U.S.
|
|
Case/Appeal/Issue: Walnut Mtn. FOIA case
Geography Affected: Eastern Tennessee (Watauga District, Cherokee NF)
Clients: Wild South, SABP
Attorney: Steve Novak
Main Issues: Violations of FOIA—failing to disclose documents, timeline, improper use of exemption 5
Status: Complaint filed; briefing scheduled for early June
Description: A proposed timber sale in TN. WildLaw and clients aggressively commented and undertook information gathering efforts on what appeared to be a poorly planned project. After we started down the FOIA road, the district (Watauga) seemed to get a bit worried and ultimately pulled the project. Have gotten partial disclosures, but the bulk of documents still remain withheld.
|
Case/Appeal/Issue: 2006 National Park Service Draft Management Policies
Clients: Wild South and others
Attorney: Jason Totoiu
Main Issues: National Parks; National Park Service Management Policies; Protection of National Park Resources; Compliance with The National Park Service Organic Act and the Wilderness Act of 1964
Geography Affected: National
Status: Submitted comments to the National Park Service;
prepared materials for public meetings; coordinating with conservation groups in voicing opposition to the proposed policies;
awaiting issuance of final management policies
Description: WildLaw submitted comments on the 2006 National Park Service Draft Management Policies. The new policies mark an unprecedented and unlawful change in Park Service policy by shifting the management priorities of the Park Service from resource protection towards user accommodation. The new policies also threaten the future of thousands of acres of wilderness areas and potential wilderness areas inside park boundaries. WildLaw is working with other organizations, including the National Parks Conservation Association (NPCA), in voicing opposition to the proposed policies.
|
|
|
Private Forests
|
Case/Appeal/Issue: Facilitating Forest Stewardship Council certification for private forestlands in the South
Staff: Alyx Perry
Main Issues: Sustainable forest management, sustainable economic development, landowner empowerment, forest industry reform
Geography Affected: Southeastern U.S.
Status: Seeking funding for pilot group certification projects in Mississippi, North Carolina, and Virginia; Completed initial market assessment for the Southern Appalachians in 2005
Description: The goal of our Certification & Markets Program is to establish a strong forest products market in the South that generates economic incentives for sustainable forest management and local value-added processing. By cultivating “niche markets” for sustainable forest products, much like the market for organic farm products, we will ensure that local landowners, businesses and communities reap the real benefits from our forests.
|
Case/Appeal/Issue: SFN’s Community Forestry Working Group
Staff: Alyx Perry
Geography Affected: Southeastern U.S.
Main Issues: Sustainable forestry, rural communities, Landowner Engagement and empowerment, grassroots community organizing
Status: The Community Forestry Working Group was formed in late 2005 to increase the availability of information about sustainable forestry, and to provide regional coordination and support for community-based groups of landowners, forestry professionals, forest products businesses, and others working to facilitate sustainable forestry and the development of appropriate markets. Our Community Forestry Working Group is made up of members of community-based forestry groups across the South
Description: We are helping these leaders explore options for their communities, establish a communications network, establish cooperative businesses, and pursue FSC certification.
Objectives for 2006 include:
• Create a more formal communications network for these groups, and work with them to identify common goals and needs, identify opportunities to work together, and develop SFN support programs.
• Support efforts to establish locally-based associations, cooperatives, etc.
• Develop a new landowner publication- publish an email newsletter at least monthly beginning 1st quarter, publish quarterly print magazine (by end of 2006) if funding is available.
• Identify leadership development needs within community-based groups, and provide leadership development opportunities as resources allow.
|
Case/Appeal/Issue: Regional capacity-building and strategy for sustainable forestry
Staff: Alyx Perry
Geography Affected: Southeastern U.S.
Main Issues: Sustainable forestry, rural economic development, capacity-building, strategic planning, facilitating collaboration
Status: We have received input from over 20 sustainable forestry leaders in North Carolina. Our strategy process will wrap up with a meeting in March where we will develop a strategic action plan. Our work in Georgia has just begun. Our current objective is to work with allies to engage forestland owners through educational and cooperative marketing programs.
Description: Working with the Forest Guild, we are bringing together leaders in the South’s sustainable forestry movement to assess current activities in the region, identify gaps in programs and resources, and develop a strategic framework to facilitate development of new programs. SFN and the Forest Guild are working with members and allies in North Carolina and Georgia to increase statewide capacity for sustainable forestry.
|
Case/Appeal/Issue: Montgomery Tree Committee
Attorney: Sandra Nichols
Main Issues: Working to improve the urban forest in Montgomery through education, management and policy.
Geography Affected: City of Montgomery
Status: Worked with the Committee to get
incorporated; worked with the Urban Forester to draft a tree ordinance; now working on a way to ensure that only those supervised by a licensed arborist work on trees in the City of Montgomery.
|
|
|
Environmental Justice
|
Case/Appeal/Issue: Bay Area
Safe Air Coalition (BASAC)
Geography Affected: Escambia County, Florida
Clients:
Attorney: Jeanne Zokovitch
Main Issues:
Status:
Description:
|
|
Case/Appeal/Issue: Neighbors and Concerned
Citizens of Northwest Ocala (NCNWO)
Geography Affected: Ocala, Florida
Clients:
Attorney: Jeanne Zokovitch
Main Issues:
Status:
Description:
|
|
Case/Appeal/Issue: FOCUS
Geography Affected: Tallevast, Florida
Clients: FOCUS
Attorney: Jeanne Zokovitch
Main Issues:
Status:
Description:
|
|
Case/Appeal/Issue: Citizens Against Toxic
Exposure (CATE)
Geography Affected: Pensacola, Florida
Clients:
Attorney: Jeanne Zokovitch
Main Issues:
Status:
Description:
|
|
Case/Appeal/Issue: Altha Public Schools
Geography Affected: Altha, Florida
Clients:
Attorney: Jeanne Zokovitch
Main Issues:
Status:
Description:
|
|
Case/Appeal/Issue: Wenonah High School
Clients: Southwest Parents Association
Attorney: Sandra Nichols
Main Issues: School located in an industrial area, next to a bulk fuel storage
facility and the site of recurring accidents.
Geography Affected: Southwest Birmingham
Status: Have begun reviewing options with the client group.
Description: The Birmingham School Board chose a hazardous and small location to rebuild a school when they had better choices available. The parents association, led by a teacher, is concerned about the dangers from the petroleum products at the neighboring bulk fuel storage facility and related truck traffic.
|
|
|
Capacity Building
|
Case/Appeal/Issue: Assistance with Form 1023, IRS 501(c)(3) recognition
Geography Affected: Varies
Clients: The Kelley Bartlett Conservancy, I-85 Corridor Alliance, Arctic Voices, Center for Good Neighbor Campaign, Neighborhood Citizens of
Northwest Ocala, Save Our Big Scrub
Attorney: Ray Vaughan, Jeanne Zokovitch,
Steve Novak, Brett Paben
Main Issues: Assistance with client group’s IRS 501(c)(3) recognition paperwork
Status: Recognition received for The Kelley Bartlett Conservancy, Arctic Voices and the I-85 Corridor Alliance; work on incorporation and Form 1023 in progress for the Center for Good Neighbor
Campaigns, NCNWO and Save Our Big Scrub
Description: Having an LL.M. in Taxation, WildLaw’s Ray Vaughan has helped more than two dozen other non-profit organization incorporate and received their 501(c)(3) status from the IRS. The clients we have recently been doing this work for are The Kelley Bartlett Conservancy, Arctic Voices, the I-85 Corridor Alliance, the Center for Good Neighbor
Campaigns, which is the incorporation of the National Bucket Brigade
campaign, NCNWO and Save Our Big Scrub.
|
|
|
Endangered Species
|
Case/Appeal/Issue: Florida Scrub-jay: Draft Revised Recovery Plan FOIA Appeal
Geography Affected:Scrub habitat in peninsular Florida
Clients: Save Our Big Scrub
Attorney: Brett Paben
Main Issues: FOIA Exemption 5
Status: Appeal submitted September 2005; awaiting decision
Description: FOIA request for a copy of the draft revised recovery plan for the Florida scrub-jay was denied on Exemption 5 (pre-decisional) grounds. We maintain the Exemption 5 was waived because the FWS released to the documents to a recovery team member, who released it to a consulting firm.
|
Case/Appeal/Issue: Florida Scrub-jay: Arbitrary and Capricious 90-day Finding Litigation
Geography Affected:Scrub habitat in peninsular Florida
Clients: Save Our Big Scrub
Attorney: Brett Paben
Main Issues: Whether FWS applied the correct standard of review to our listing petition
Status: Notice of Intent to sue submitted January 2006; waiting on outcome of 5-year status review of the species.
Description: Arbitrary and capricious 90-day finding on our petition to have the scrub-jay listed as endangered and to designate critical habitat, which was only issued after our litigation in Save Our Big Scrub v. Norton.
|
Case/Appeal/Issue: Gopher Tortoise Listing Petition
Geography Affected: Alabama (east of the Tombigbee River), Florida, southern Georgia and southwestern South Carolina
Clients: Save Our Big Scrub, Wild South
Attorney: Brett Paben
Main Issues: Petition to list the eastern population of the gopher tortoise as a threatened species.
Status: Petition submitted January 13, 2006; 90-day finding due; submitted notice of intent to sue
|
Case/Appeal/Issue: Alabama Beach Mouse Critical Habitat Designation
Main Issues: Endangered species critical habitat
Clients: Wild South
Attorney: Jason Totoiu
Geography Affected: Southern Alabama (Baldwin County)
Status: Submitted comments on the Draft Critical Habitat Designation;
awaiting final agency decision
Description: On behalf of Wild South and Ned Mudd, WildLaw submitted comments on the Fish and Wildlife Service’s critical habitat designation for the Alabama Beach Mouse, an
endangered species. The proposed rule excludes more than 1,200 acres from critical habitat designation based on position that existing management plans in these areas are sufficient substitutes for critical habitat designation. The Service’s exclusion of these areas violates the Endangered Species Act and these areas must be included in the final critical habitat designation.
|
|
|
Pollution Control
|
Case/Appeal/Issue: SOULS v. ADEM: Appeal over permits for a rock quarry in Elmore County, Alabama
Geography Affected: Parts of rural Elmore County and Weoka Creek, home to endangered snails.
Clients: Save Our Unique Land and Streams
Attorney: Ray Vaughan
Main Issues: legality of state permits for a quarry that will discharge water pollution onto neighbors’ land and into a stream with endangered species.
Status: pending before a state administrative law judge
Description: This case challenges the failure of the Alabama Department of Environmental Management to protect endangered species and the private property rights of neighboring landowners when it permitted a rock quarry to discharge water pollution onto neighboring lands and then into a stream with the endangered Tulatoma Snail in it.
|
|
Case/Appeal/Issue: Wild South v. ADEM: lawsuit over a permit for a gold mine on pristine Terrapin Creek next to the Talladega National Forest
Geography Affected: Terrapin Creek and the Talladega National Forest
Clients: Wild South
Attorney: Ray Vaughan
Main Issues: legality of state water pollution permit for a gold miner that will discharge water pollution into a pristine stream
Status: Case won in Calhoun County Circuit Court; post-judgment motions and appeal by ADEM and mining company pending.
Description: This case challenges the failure of the Alabama Department of Environmental Management to provide a complete and adequate economic analysis on permitting water pollution to a pristine waterway, as is required by Clean Water Act regulations.
|
|
Case/Appeal/Issue: Elk River Marina Project
Clients: Shoals Environmental Alliance, Wild South
Attorney: Sandra Nichols, Jason Totoiu
Main Issues: Public lands protection, water quality, NEPA, ESA, and the TVA Act.
Geography Affected: Northern Alabama (Lauderdale County)
Status: EA and FONSI issued; challenge pending.
Description: WildLaw is working with Wild South and
the Shoals Environmental Alliance in their opposition
to a potentially destructive development project along
the Elk River in Northern Alabama. The Tennessee
Development Authority (TVA) is considering conveying
more than ninety acres of environmentally sensitive
public lands to a local developer to build a private
marina. The agency’s EA fails to adequately consider
the impacts this project will have on the environment
and the surrounding community. WildLaw urges TVA to
give these impacts a “hard look” and prepare an
Environmental Impact Statement for the project.
|
|
Case/Appeal/Issue: Wingate Creek Mine NPDES Permit Renewal
Geography Affected: Manatee County, Myakka River Watershed, Florida
Clients: ManaSota-88
Attorney: Brett Paben
Main Issues: Outstanding Florida Waters, limitations on flow
Status: Submitted comments and testified at public hearing in September 2005; awaiting final permit to determine if a challenge is necessary.
Description: NPDES permit renewal for a phosphate mine into Wingate Creek, just upstream from Wingate Creek State Park. Wingate Creek is an Outstanding Florida Water, and the segment of the Myakka River downstream is a 303(d) water quality limited stream because of excessive nutrients. Also, hardwood swamp downstream from the mine is dieing because of excessive water and the proposed permit has no limitations on the amount of permitted flow (which has been up to 60 million gallons per day).
|
|
Case/Appeal/Issue: Duck River Dam
Clients: Alabama Rivers Alliance, Black Warrior Riverkeeper, Sierra Club of Alabama and others
Main Issues: Clean Water Act and NEPA compliance
Attorney: Sandra Nichols
Geography Affected: The Black Warrior River Basin, in Northeast Alabama
Status: awaiting a decision from the Army Corps on the EA and the permit
Description: WildLaw successfully challenged this proposal on behalf of the Birmingham Canoe Club, the Alabama Rivers Alliance, and others in 2003. The Cullman Water Board re-initiated the project and has again applied for permits. WildLaw filed joint comments with the Alabama Rivers Alliance, on behalf of Wild South, the Black Warrior Riverkeeper, and others, and
will challenge any approval of this project.
|
|
Case/Appeal/Issue: City of Sarasota Wastewater Treatment Facility CWA Litigation
Geography Affected: Sarasota Bay, Gulf of Mexico
Clients: ManaSota-88
Attorney: Brett Paben
Main Issues: NPDES permit violations and excessive overflows
Status: Submitted notice of intent to sue in May 2005; awaiting final Consent Order from DEP.
Description: City of Sarasota had more than 3 dozen NPDES permit
violations and dozens of spills resulting in more than 1.5 million gallons of raw sewage being spilled into Sarasota Bay. The City has made a demonstrated commitment to invest in improvements to their WWTF. DEP and the City are also
negotiating a Consent Order (administrative enforcement action), which the City has credited our notice of intent letter for bringing many of the issues being addressed to light.
|
Case/Appeal/Issue: Coal Mining in Dovertown, Alabama
Clients: Cordova Improvement and Preservation Association, Dovertown Community
Attorney: Sandra Nichols, Jason Totoiu
Main Issues: Strip mining, community protection (environmental justice), water quality protection, etc.
Geography Affected: Northern Alabama (Walker County, Alabama)
Status: Sloan Mountain Mining, LLC has ended negotiations to lease the
property; but, the permit application is still pending and WildLaw will
continue its involvement.
Description: WildLaw stopped the Industrial Development Board of Cordova, Alabama from approving a strip mine operation in Walker County, Alabama. The project would have destroyed approximately 255 acres of undeveloped lands along the Mulberry Fork of the Black Warrior River. WildLaw is now working with the community to protect the area from future coal mining operations and bring viable economic growth to the region.
|
Case/Appeal/Issue: Gulf Coast liquid natural gas regasification facilities (Freeport McMoRan Main Pass Energy Hub, and Conoco Phillips Compass Pass Terminal)
Clients: Portersville Revival Group, Wild South
Attorney: Sandra Nichols
Main Issues: Coastal protection, endangered species protection, NEPA, ESA compliance
Geography Affected: Alabama's Gulf Coast
Status: Tracking these as they move through the administrative process, commenting as possible.
Description: Currently seven new liquid natural gas regasification facilities are planned for the Gulf of Mexico, including off the coast of Alabama. WildLaw has been working with the Portersville Revival Group to monitor the administrative process for approving these facilities. Unlike all other similar facilities for converting natural gas for transport in pipelines across the country, those proposed for the gulf are designed with open loop technology. This system unnecessarily imperils ocean life and water quality in order to save energy companies a few percent of their profits. WildLaw intends to challenge any approval of the Compass Point, planned for 11 miles south of Dauphin Island, Alabama.
|
Case/Appeal/Issue: Alabama Open Records Task Force
Attorney: Sandra Nichols
Main Issues: Access to public records and due process
Geography Affected: Alabama
Status: Working with the Procedures and Appeals and Penalties subcommittees on drafting the legislation.
Description: A legislative committee was formed to consider changes to the Alabama Open Records Act. They constituted a task force to draft a proposal. Subcommittees are considering the definitions, exceptions, procedures, appeals and penalties, and disposition of public records. Recommendations are due to the committee on September 1, 2006.
|
|
|
|
