Ninth Circuit Decides Protect Our Communities v. LaCounte [Wind Energy and Eagle Protection]

Here is the opinion.

Briefs here.

Ninth Circuit Briefs in Protect Our Communities Foundation v. Loudermilk

Here:

Protect Our Communities Opening Brief

Federal Answer Brief

Tribe Answer Brief

Reply

Oral argument video here.

Lower court materials here.

NEPA Challenge to Tule Wind Project Fails

Here are the materials in Protect Our Communities Foundation v. Black (S.D. Cal.):

59-1 POCF Motion for Summary J

61-1 Tule Wind Cross Motion

64 Federal Motion

66 POCF Response

74 Federal Reply

75 Tule Wind Reply

80EWI Order Granting Defendants MSJ_3-6-17

Federal Court Dismisses Suit to Force BIA to do More to Protect Eagles affected by Wind Energy

Here are the materials in Protect Our Communities Foundation v. Black (S.D. Cal.):

33 Tule Wind Motion

34-1 Ewiiaapaayp Band of Kumeyaay Indians Motion

35-1 US Motion38 Opposition

43 Ewiiaapaayp Band of Kumeyaay Indians Reply

44 Tule Wind Reply

45 US Reply

EWI Protect Our Communities Order Granting Motion for Judgment on Pleadings_3-29-16

An excerpt:

This case concerns the construction of the second phase of an industrial-scale wind farm and the well-being of eagles who nest in or pass through the same general area. More particularly, Plaintiffs, with the noble goal of protecting these eagles, challenge a federal agency’s approval of the project despite its potential to harm eagles. The issue in this case and for these Motions is not whether the agency and those involved in building the wind farm may simply disregard the eagles’ well-being. Harming or killing eagles is a serious offense that subjects offenders to civil fines, criminal fines, and even imprisonment. That is not in dispute. Rather, the question in this case and for these Motions is whether the agency that Plaintiffs sued—BIA—was obligated to take further steps to protect these birds under federal law. Because BIA did not have a legal obligation to proactively ensure that Tule would not violate other federal laws and because, after BIA issued its decision, there was no remaining major federal administrative agency action that would require supplemental environmental analysis, the Court GRANTS Tule’s, the Tribe’s, and BIA’s Motions.