U.S. News and World Report has ranked the Center for Biological Diversity’s Environmental Law Clinic at the University of Denver as the 12th best environmental law clinic in the nation Run by Jay Tutchton and Robin Cooley, the clinic provides hands-on legal education to budding law students and pro-bono legal representation to environmental groups. Taking on threats to endangered species, clean air, clean water, and ecosystems, it has represented groups such as the Center for Native Ecosystems, Southern Utah Wilderness Alliance, American Lands Alliance, Biodiversity Conservation Alliance, Forest Guardians, the Ecology Center, and Sinapu.

On 5-25-04 a federal judge once again struck down the U.S. Fish and Wildlife Service’s refusal to place the Queen Charlotte goshawk on the endangered species list. It is the third such ruling obtained by the Center for Biological Diversity since the Center initiated efforts to protect the goshawk in 1994. The judge found that the Wildlife Service admitted that the goshawk was imperiled in large portions of its range, but refused to consider whether such areas constitute a "significant portion" of the range. Such a finding would trigger a legal requirement to list it as an endangered species.

A subspecies of northern goshawk, the Queen Charlotte goshawk inhabits old-growth forests on the Tongass National Forest, the Queen Charlotte Islands, Vancouver Island, and possibly the Olympic Peninsula and coast ranges of Washington and Oregon. Industrial scale logging has nearly eradicated goshawks from the Washington and Oregon coasts, made them rare in British Columbia, and significantly reduced their populations on the Tongass National Forest. In response, the Canadian Government listed it as a threatened species in 2000. The U.S. government, however, has consistently fought against listing for fear of offending the timber industry.

The suit was brought by the Center for Biological Diversity, Sitka Conservation Society, and Defenders of Wildlife. It was argued by Kathy Meyer of Meyer & Glitzenstein.

On 3-2-04 a federal judge struck down a Bush administration decision to refuse Endangered Species Act protection to the North American green sturgeon. As with the Queen Charlotte goshawk, the administration admitted that the species was imperiled in large portions of its former range, but purposefully evaded the Endangered Species Act requirement to decided whether these areas constitute a "significant portion" of the species total range. Such a finding would trigger a legal requirement to list the sturgeon as an endangered species.

Living as long as 70 years, the green sturgeon is the longest living freshwater species. It also one of the largest, with a maximum length of 7.5 feet and weight of 350 pounds. The species has remained virtually unchanged since it appeared more than 200 million years ago. In recent years, however, it has suffered an 88% range decline along the west coast from Mexico to British Columbia due to overfishing, dams, water diversions, and pollution. The only remaining spawning populations are in the Sacramento and Klamath River basins (CA) and possibly in the Rogue River (OR). A number of presumed spawning populations have been lost in the Eel,

South Fork Trinity, and San Joaquin rivers since the 1960s. Severe population declines have occurred in northern rivers such as the Umpqua (OR) and Fraser (BC) rivers. Each of the three remaining spawning populations contain only a few hundred mature females.

The case was brought by the Center for Biological Diversity, Oregon Natural Resources Council, and EPIC. It was argued by Brent Plater of the Center.

On 12-17-03, a federal judged sided with the Center for Biological Diversity and other groups in striking down a Bush administration decision to deny Endangered Species Act protection to the orcas of Puget Sound. Attempting to exploit a loophole unused by an other presidency, the Bush administration admitted that the Puget Sound orca population is going extinct, but that it should not be protected because it is "not significant." Experts at the National Marine Fisheries Service, however, pointed out that the taxonomic reasoning used to justify the decision was incorrect.

A combination of PCB poisoning, declines in salmon, general ecosystem deterioration, growing whale watching pressure, and the lingering effects of many whales being captured for display in the 1960s and 1970s has caused the orca population to plummet almost 20% since 1996. Add in the constant threat of oil spills, boat collisions, fishing net entanglement, strandings, and disease, and you have a recipe for the extinction of one of North America's most magnificent and charismatic species. A population viability model developed by Center scientists shows that it could become functionally extinct within 50 years.

Joining the Center in the suit were Earth Island Institute, Ocean Advocates, Orca Conservancy, Friends of the San Juans, People for Puget Sound, former five-term Secretary of State Ralph Munro and Karen Munro. The case was argued by Brent Plater of the Center and Patti Goldman of Earthjustice.

On 4-22-04, a federal judge struck down a Bush administration decision to sell 13,000 acres of BLM northeast of Las Vegas near the Virgin River. In response to a suit by the Center for Biological Diversity, Western Land Exchange Project and the Committee for the High Desert, the court held that the privatization plan failed to consider the impacts of sprawl on water supplies, clean air, and endangered species. Combined with other planned development, the land sale would open more than 36,000 acres to development and would support 200,000 people in the Mesquite area.

Urban sprawl and water use are becoming critical issues in Lincoln County. A plan is underway to build pipelines to deliver water from the rural area to Las Vegas. As part of the same plan, Nevada's congressional delegation is formulating legislation that would privatize another 80,000 acres in 4,000 resident Lincoln County.

Center for Biological Diversity | PO Box 710 Tucson, AZ 85702 | 520-623-5252 | [email protected]

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