Environmental Law
Tim has represented various clients in litigation under environmental laws, including the Clean Water Act and the Endangered Species Act. Below are a sampling of various successful cases.
Sierra Club v. Austin, 82 Fed. Appx. 570 (9th Cir. 2003)
Forest Service had to analyze effect of project on unroaded lands in the Lolo National Forest.
Swan View Coalition v. Barbouletos, CV 03-112-M-DWM (D. Mont.), 348 Fed.Appx. 295 (9th Cir. 2009)
The Forest Service has to establish a standard when forest uses compete with grizzly bears.
Forest Service Employees for Environmental Ethics v. US Forest Service, 397 F.Supp.2d 391 (D. Mont. 2005)
The Forest Service had to comply with NEPA and ESA for aerial application of fire retardant.
Forest Service Employees for Environmental Ethics v. US Forest Service, 2010 WL 2985799 (D.Mont).
The Forest Service violated NEPA, NFMA, and ESA in preparing fire retardant EA.
Forest Service could not delegate authority to issue special use permits on National Forest lands to third party organization.
Alliance for the Wild Rockies v. Bradford, 2010 WL 2633905 (D. Mont)
Kootenai National Forest violated NEPA, NFMA, and ESA in preparing three timber sale projects.
Alliance for the Wild Rockies v. Lyder, 2010 WL 3023652 (D. Mont)
U.S. Fish & Wildlife Service critical habitat designation for lynx insufficient.
Alliance for the Wild Rockies v. Krueger, CV-12-150-M-DLC (D. Mont.)
Federal agencies must conduct ESA consultation for migratory species .
Swan View Coalition v. Weber, CV-13-129-M-DLC (D. Mont.)
Forest Service must comply with NEPA and ESA on Legacy Lands.
AWR v Savage, CV 13-199-M-DLC (D. Mont.)
Forest Service must account for roads in grizzly habitat.
Alliance for the Wild Rockies v. USDA, 772 F.3d 592 (9th Cir. 2014)
Complaints may be amended to include ESA claims after 60-day notice runs.
WildEarth Guardians v. U.S. Department of the Interior, 205 F.Supp.3d 1176 (D. Mont. 2016)
Critical habitat designation for lynx insufficient.
Alliance for the Wild Rockies v. Marten, 200 F.Supp.3d. 1110 (D. Mont. 2016)
Enjoining timber sale for irrigation ditch maintenance.
Alliance for the Wild Rockies v. Zinke, 265 F.Supp.3d 1161 (D. Mont. 2017)
FWS not warranted finding for Cabiinet Yaak grizzly bears arbitrary and capricious.
Alliance for the Wild Rockies v. Marten, 253 F.Supp.3d 1108 (D. Mont. 2017)
Enjoining timber sale in designated critical habitat.
Alliance for the Wild Rockies v. Marten, 2018 WL 2943251 (D. Mont. 2018)
Vacatur proper upon voluntary remand.
Alliance for the Wild Rockies v. Savage, 897 F.3d 1025 (9th Cir. 2018)
Timber sale violated forest plan.
Alliance for the Wild Rockies v. U.S. Army Corps of Engineers, 736 Fed. App’x 160 (9th Cir. 2018)
Agencies failed to consult on bull trout critical habitat.
Indigenous Environmental Network v. U.S. Department of State, 2018 WL 3910838 (D. Mont. 2018)
Keystone XL pipeline requires additional NEPA analysis.