Environmental Litigation

CPM continues to be one of the foremost law firms in the Country prosecuting and defending actions on behalf of families, businesses, communities, and government entities who have been injured as the result of pollution, chemical releases, and contamination of drinking water supplies. 

The protection of our environment is a core belief of CPM.  In addition to our litigation success, our attorneys have been lauded for their environmental stewardship.  As a sitting Congressman, Pete McCloskey served served six years as Congressional Delegate to the International Whaling Conference and as Congressional Advisor to the Law of the Sea Treaty Delegation.  McCloskey served as co-chair of the first Earth Day in 1970 and co-author of the 1973 Endangered Species Act.  Presently, McCloskey serves on the Advisory Council to the American Land Conservancy.  Additionally, CPM's founding partner Joe Cotchett has served on and chaired the California State Parks Commission. 

RECENT CASES OF NOTE

Alec L., et al. v. Lisa Jackson, et al.
CPM represents youth plaintiffs from across the nation, as well as Kids vs. Global Warming, a non-profit organization committed to educating youth about climate change, and WildEarth Guardians, an organization dedicated to protecting and restoring wildlife.  Plaintiffs are suing six federal agencies, seeking a declaration that the atmosphere is a Public Trust resource, the United States government has an obligation to preserve and protect the atmosphere, and the United States government has violated fiduciary duties as trustees of the atmosphere by contributing to and allowing unsafe amounts of greenhouse gas emissions into the atmosphere. Plaintiffs also seek an injunction requiring Defendants to take immediate action to cause U.S. carbon dioxide emissions to decline by at least 6% a year beginning in 2013, prepare an annual greenhouse gas accounting or inventory of all GHG emissions originated by the United States, prepare an annual carbon budget, and prepare a climate recovery plan.  The action is venued in the United States District Court District of Colombia, before the Honorable Robert L. Wilkins. The action was filed in May, 2011 and has since attracted the attention of various industry intervenors, including the National Association of Manufacturers and the fossil fuel industry.

Friends of Del Norte, et al. v. State of California Department of Transportation, et al.
Del Norte County Superior Court
This a case of rivers versus roads.  Defendant State of California Department of Transportation (“Caltrans”) has chosen to endanger a Wild and Scenic River in the Smith River National Recreation Area to benefit large commercial trucks.  Caltrans approved a project captioned “197/199 Safe STAA Access Project” (the “197/199 Project”) to allow major modifications to segments of State Highways 197 and 199 for the purpose of allowing access by large STAA trucks.  With this approval, Caltrans failed to meet a fundamental requirements under the National Environmental Policy Act, the Department of Transportation Act of 1966, and the Wild and Scenic Rivers Act. The Smith River is a profound natural resource, as one of the crown jewels of the National Wild and Scenic River system.  CPM's clients challenge Caltrans’ approval of the 197/199 Project and are committed to taking all possible steps to preserve the unique and precious resources impacted by this Project, community water sources, world class sport fishing, and critical habitat for several endangered species, and remarkable scenic and aesthetic values.

Bess Bair, et al. v. State of California Department of Transportation, et al.
CPM represents various North Coast residents and non-profit corporations who successfully blocked a road widening project approved by the State of California Department of Transportation (“Caltrans”),  which would have killed or seriously harmed hundreds of old-growth redwood trees and endangered species  in Richardson Grove State Park, 200 miles north of San Francisco.  CPM filed federal and state litigation to protect the Grove.

Howard McConnell, et al. v. PacifiCorp, Inc.
CPM represented various Yurok and Karuk tribe members and Klamath Riverkeeper, a nonprofit public benefit corporation, in an action to prevent the ongoing pollution and contamination of the Klamath River, one the greatest rivers in California. Home of the historic Yurok and Karuck tribes, for hundreds of years the Klamath River has been integral to the cultural, religious, and economic lives of these tribes. Over the past eight decades, dams were built on the Klamath. These dams, currently owned and operated by PacifiCorp, harmed the Klamath River environment by disrupting water flows, raising water temperatures, and ultimately contributing to growth of a toxic blue-green algae called Microcystis aeruginosa, a species of cyanobacteria. Toxins released from the algae’s blooms significantly reduced the Klamath fishery population, limiting the catch of both the tribe members and commercial fisherman and jeopardizing their economic survival. Likewise, the development of the algae generated a potent liver toxin and tumor promoter known as Microcystin.

Pacific Coast Federation of Fisherman's Associations, et al., v. Donald R. Glaser, et. al.           
CPM represents the San Luis & Delta-Mendota Water Authority, an organization consisting of water agencies representing approximately 2,100,000 acres of 29 federal and exchange water service contractors within the western San Joaquin Valley, San Benito, and Santa Clara Counties alleging Defendants operated the Grassland Bypass Project in violation of the Clean Water Act by discharging pollutants from a point source without a National Pollutant Discharge Elimination System ("NPDES") Permit.