This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Environmental Law
National Environmental Policy Act
Federal Land Policy

Center for Biological Diversity et al v. U.S. Bureau of Land Management

Published: Feb. 25, 2012 | Result Date: Jan. 30, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 3:06-cv-04884-SI Bench Decision –  $1,003,160

Court

USDC Northern


Attorneys

Plaintiff

Deborah Ann Sivas
(Stanford Environmental Law Clinic)

Matthew E. Bostick

David J. Lazerwitz

Lisa T. Belenky
(Center for Biological Diversity)

Robb W. Kapla
(Office of the San Francisco City Attorney)


Defendant

Charles R. Shockey

Michael R. Eitel
(U.S. Dept. of Justice)


Facts

Plaintiffs filed suit to stop the government from proceeding with a project to create an extensive network of routes through the West Mojave desert for off-road vehicles. They claimed the project would threaten the habitats of the desert tortoise and the Lane-Mountain milk vetch, an endangered plant.

Result

The court ruled that defendants had violated the National Environmental Policy Act and Federal Land Policy and Management Act by failing to place the routes specifically to minimalize environmental damage. Plaintiffs Alliance for Responsible Recreation, The Wilderness Society, Friends of Juniper Flats, Western San Bernadino Landowners Association, California Native Plant Society, and Community ORV Watch (collectively "ARR plaintiffs") were awarded $1,003,155.87 in attorney fees.


#84519

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390