earth island institute controversy

Whatever doubt may remain is settled by the affidavits the plaintiffs submitted after the Burnt Ridge dispute was settled (while the other claims in the Complaint remained alive). The plaintiffs allege two forms of future injury: a loss of representation in the apportionment count and decreased federal funding tied to the census totals. To seek injunctive relief, a plaintiff must show that he is under threat of suffering "injury in fact" that is concrete and particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be fairly traceable to the challenged action of the defendant; and it must be likely that a favorable judicial decision will prevent or redress the injury. 2d 610 (2000). Conservancy look reasonable. Ultimately, Keiko’s death was caused by a common infection unrelated to his journey to freedom. We said it was "no more than conjecture" that Lyons would be subjected to that chokehold upon a later encounter. at 976. case.13 The Supreme Court held that Earth Island Institute did not have standing to make a generalized challenge to Forest Service regulations in the absence of their specific application, reasoning that the environmentalists had not sufficiently alleged imminent, concrete, and personal harm. I recognize that the Government raises other claims and bases upon which to deny standing or to hold that the case is not ripe for adjudication. It was a sad ending, but at the same time I celebrate the fact that he died free, rather than sinking to the bottom of a concrete tank, as would certainly have been his fate if he had remained in captivity.”, Adds filmmaker Demarest, “We would be delighted to have Gwen Iffel and Judy Woodruff not only watch the film Keiko The Untold Story of the Star of Free Willy in order to get their facts straight; but to also state a brief correction on an upcoming newscast about the dates surrounding Keiko’s last five years of life.

Id. U.S. climate pledge faces test in Senate with global effect, Wildfires killed thousands of sequoias in southern Sierra Nevada, Florida tops 1,000 manatee deaths in grim single-year record, Sixty-foot waves exploded off the Pacific Coast during October’s bomb cyclone. Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 180-181, 120 S. Ct. 693, 145 L. Ed. E2075-02, 1992 WL 157159 (July 2, 1992). It points out that injuries to the "members' recreational" or even "mere esthetic interests... will suffice." Ibid. Berkeley-based Earth Island Institute was founded by the late David Brower, the first executive director of the Sierra Club.

Unlike redressability, however, the requirement of injury in fact is a hard floor of Article III jurisdiction that cannot be removed by statute. Meet Elora Malama. It was was founded in San Francisco, USA in 1982 by …

In fact, the Government did not challenge standing until that point, *1158 so of course respondents (who all agree had standing at the outset) did not respond with affidavits until later—when their standing was challenged. Precedent nowhere suggests that the "realistic threat" standard contains identification requirements more stringent than the word "realistic" implies. This inaccuracy has greatly upset the Keiko team of trainers, doctors and supporters from the Free Willy Keiko Foundation and other orca welfare organizations, as it implies that the successful relocation of Keiko was a failure and that a similar fate will await any orca who is returned to the wild seas. Keiko’s story was made into a successful documentary “Keiko the Untold Story of the Star of Free Willy” by director Theresa Demarest in 2013. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. The conservation groups claimed that the regulations, which limit public notice, comment and administrative appeals, were invalid under the … t f n. Latest News.

Says Berman, “There is documentation showing that Keiko lived free over a five year period from 1998 to 2003. In part because of the difficulty of verifying the facts upon which such probabilistic standing depends, the Court has required plaintiffs claiming an organizational standing to identify members who have suffered the requisite harm—surely not a difficult task here, when so many thousands are alleged to have been harmed. Not long after the Commonwealth Club speech, the late David Brower, executive director of the Sierra Club and later the founder of Earth Island Institute, switched on the television at home one day, and saw a Stanford professor on a daytime chat show talking about the population explosion, about the scourge of pesticides, about threats to the atmosphere, about how agriculture was falling behind in its quest to … v. Ru-thenbeck, 490 … It suggests the list of defendants was drawn, at least in part, from an audit conducted last summer in 51 countries by one of Earth Island’s partner organizations. Or that these same individuals will find their recreation burdened by the Forest Service's use of the challenged procedures?

Earth Island Inst. It is common ground that the respondent organizations can assert the standing of their members. 18 Earth Island Institute v. Mosbacher, 785 F Supp. Seaspiracy is certainly a stomach-churning look at the commercial fishing industry, and its release is not without controversy. In doing so, it properly agrees that the "organizations" here can "assert the standing of their members." Earth Island Institute Rejects Probabilistic Standing, but a “Realistic Threat” of Harm Is a Better Standing Test, 40 E NVTL. Found inside – Page 310See also tuna- dolphin controversy Dorman Sow Farm, 159 Drake, Sandra, 156 Drexel Burnham Lambert, Inc., ... 28-29, 35-38 Durkheim, Emile, 123 Earth First!, 175-77, 180, 182 Earth Island Institute (eii), 60-61, 70-71, 74-76, ... Patterson, 357 U.S. 449, 459, 78 S. Ct. 1163, 2 L. Ed. rely on donations for our financial security. The National Forests occupy more than 190 million acres, an area larger than Texas. Morton, 405 U.S. 727, 92 S. Ct. 1361, 31 L. Ed. 2d 343 (1975). A heartwarming story captured in film at the beautiful Sea of Cortez. I believe that these arguments are without merit. The Court wrote that the plaintiff, who had been subject to the unlawful chokehold in the past, would have had standing had he shown "a realistic threat" that reoccurrence of the challenged activity would cause him harm "in the reasonably near future." Id., at 572, n. 7, 112 S. Ct. 2130 (emphasis added). To the contrary, a threat of future harm may be realistic even where the plaintiff cannot specify precise times, dates, and GPS coordinates. The Earth Island Institute asked for unspecified damages and an order for Coca-Cola, Pepsi, Nestle USA, Procter & Gamble and six other companies to clean up plastic waste that the group says has created a global pollution crisis. No longer wishing to rely solely on evidence of their members' interest in that particular project, the plaintiff organizations submitted several other affidavits.

In its lawsuit, it cites the widespread damage to the marine environment caused by an estimated 150 million metric tons of plastic. United States Supreme Court. ¶ 6, App. Found inside – Page 420Earth Island Institute. Accessed December 3, 2015. http://www.earthisland.org/journal/index.php/eij/ ... June 7, 2013. http://blogs.wsj.com/washwire/2013/06/07/transcript-what-obama-said-on-nsacontroversy/. “Transcript of Powell's U.N. ... Trillions of … Bender v. Williamsport Area School Dist., 475 U.S. 534, 541, 106 S. Ct. 1326, 89 L. Ed. The Sierra Club also stirs up controversy regarding genetically modified foods, though the scientific consensus is that there’s no evidence GMOs are harmful. Id., at 107, n. 7, 108, 103 S. Ct. 1660 (emphasis added). But it has done so primarily to emphasize that the harm in question—the harm that was not "imminent"—was merely "conjectural" or "hypothetical" or otherwise speculative. Ante, at 1151. Found inside – Page 232Turner, T. 'The Vindication Of A Public Scholar: Forty Years After The Population Bomb Ignited Controversy, Paul Ehrlich Continues to Stir Debate.' Earth Island Institute. (Accessed July 28, 2009, ... ), pp. Earth Island Institute is an international environmental organization that promotes awareness, grassroots environmentalism and activism for the protection, conservation and restoration of nature. Found inside – Page 693... party may satisfy Article III's case - or - controversy requirement . To comply with that requirement , litigants must demonstrate a “ personal stake ” in the suit . Summers v . Earth Island Institute , 555 U. S. 488 , 493. The Federal Rules of Civil Procedure contain no such bar. “This is the first of what I believe will be a wave of lawsuits seeking to hold the plastics industry accountable for the unprecedented mess in our oceans,” said Josh Floum, Earth Island Institute’s board president. 90. 31 (hereinafter Complaint). The regulations under challenge here neither require nor forbid any action on the part of respondents. (157) Earth Island Institute had accused Greenpeace of "selling out."

Protection and the GATT: the Tuna/Dolphin Controversy, 31 AM. [Summers v Earth Island Institute, 3/3/2009] Standing became the Court's way out of making a highly controversial decision on the constitutionality of state laws banning gay marriage in the 2013 case of Hollingsworth v Perry . Without individual affidavits, how is the court to assure itself that the Sierra Club, for example, has "`thousands of members'" who "`use and enjoy the Sequoia National Forest'"? Found inside – Page 283... 80–83 , 213–15 ; and Diablo Canyon , 212–13 , 216 ; early interest in conservation , 197 , 199 ; and Earth Island Institute , 219 ; and Echo Park controversy ( Dinosaur ) , 201–4 ; education of , 197 ; and Friends of the Earth ( FOE ) ... Found inside – Page 22Standing under U.S. law begins with Article III of the U.S. Constitution, which permits courts to entertain only actual “cases and controversies.”37 The U.S. Supreme Court ... Earth Island Institute, 555 U.S. 488, 494 (2009). 39 Ibid. 33824 (2003) (Forest Service Handbook (FSH) 1909.15, ch. Here we are asked to assume not only that Bensman will stumble across a project tract unlawfully subject to the regulations, but also that the tract is about to be developed by the Forest Service in a way that harms his recreational interests, and that he would have commented on the project but for the regulation. Filed: This novel approach to the law of organizational standing would make a mockery of our prior cases, which have required plaintiff-organizations to make specific allegations establishing that at least one identified member had suffered or would suffer harm. Why describe this perfectly sensible response to the settlement of some of the Complaint's claims as a "retroactiv[e]" attempt to "me[e]t the challenge to their standing at the time of judgment"? Earth Island Inst. Ecuador to Establish Half of Galapagos/Cocos Swimway 2 days ago Kiska: Plight of the Loneliest Orca in the World 9 days ago > View All Posts. Found inside – Page 74The tuna embargo was lifted in April 2000 , but the controversy continues . In August 1999 , the Earth Island Institute and a coalition of environmental and animal rights groups sued the US Department of Commerce , which had with the ... EARTH ISLAND V. MOSBACHER: Exporting American Values? Several non-profit organizations, such as Blue Voice and Earth Island Institute, are working with these civilizations to teach them other profitable ways to make money, such as dolphin-watching tours and sustainable fishing practices. Nothing in the statute at issue here, however, indicates Congress intended to identify or confer some interest separate and apart from a procedural right. The nation is watching, California, Arizona and Nevada in talks on new plan to save Colorado River water.

She does not send heart-shaped letters like Frankie. At the current pace, it is estimated that plastic will outweigh fish in the ocean by 2050. Found inside – Page 242Controversy still exists relative to delayed mortality and sub-lethal effects (e.g., lower reproductive rates) associated with capture stress. According to Earth Island Institute,3 an environmental advocacy group, Federal scientists ... 2d 846 (2008). Later amendments to the Forest Service's manual of implementing procedures, adopted by rule after notice and comment, provided that fire-rehabilitation activities on areas of less than 4,200 acres, and salvage-timber sales of 250 acres or less, did not cause a significant environmental impact and thus would be categorically exempt from the requirement to file an EIS or EA.

I shall do my best to make my views re these behaviors, known, and spread the news re rge same to others. He is an internationally renowned scholar of over 200 publications on forest ecology, endangered species, conservation biology, and climate change. Opinion for Earth Island Institute v. Christopher, 913 F. Supp. Found insideI read a statement detailing the controversy within the Club and our position; Ike read his own statement: “I am here ... Chellis Glendinning, who at the time was on the advisory board of Earth Island Institute, was surprised when she ... It does not assert, however, any firm intention to visit their locations, saying only that Bensman "`want[s] to'" go there. Podcast: Mega-drought + mega-rain = uh-oh! That can loosen the strictures of the redressability prong of our standing inquiry—so that standing existed with regard to the Burnt Ridge Project, for example, despite the possibility that Earth Island's allegedly guaranteed right to comment would not be successful in persuading the Forest Service to avoid impairment of Earth Island's concrete interests. Except Elora’s focus isn’t around cute boys or driving privledges.

for Cert.

THE FREE WILLY KEIKO FOUNDATION AND EARTH ISLAND INSTITUTE DISPUTE PBS CLAIMS, Keiko The Untold Story of the Star of Free Willy, Soundtrack is an amazing piece of work all on its own, 17 Tom Hanks’ of the Animal Kingdom Who Totally Deserve a Pawscar | Nexbie TV, KeikoDoc Acquired by Discovery Channel UK, The Award Winning Documentary, Keiko The Untold Story of the Star of Free Willy, is now available for educational streaming. Case No. The main groups opposing the agreement are the Earth Island Institute, Humane Society of the United States, Sierra Club, and some anti free trade groups. The lawsuit describes Nestle as the world’s largest food and beverage company and Pepsi as the second largest. SUMMERS v. EARTH ISLAND INSTITUTE (No. While it is certainly possible— perhaps even likely—that one individual will meet all of these criteria, that speculation does not suffice. And, because to establish standing plaintiffs must show that they "use the area affected by the challenged activity and not an area roughly in the vicinity of" a project site, Defenders of Wildlife, 504 U.S., at 566, 112 S. Ct. 2130 (internal quotation marks omitted), how is the court to assure itself that some of these members plan to make use of the specific sites upon which projects may take place?

In the summer of 2002, fire burned a significant area of the Sequoia National Forest. have argued, somewhat successfully, that claims. I did just that. 1419, note following 16 U.S.C. (forthcoming 2010); (6)

44607 (FSH 1909.15, ch. The District Court granted a preliminary injunction against the Burnt Ridge salvage-timber sale. 28 U.S.C. Earth Island Institute (Dolphin Safe) Earth Island Institute, which manages the Dolphin Safe label that was harpooned in the film, issued a statement on behalf of their International Marine Mammal Project, which in their own words “worked assiduously for the protection of marine mammals for more than 40 years” backing their Dolphin work. Respondents have identified no other application of the invalidated regulations that threatens imminent and concrete harm to the interests of their members. Law Project, a federally-recognized 501(c)(3) non-profit. And it’s the plastics peddlers who are responsible for this mess.”. Temperatures soared. 2d 1, 2009 U.S. LEXIS 1769, Standing and Fair Credit Reporting: Lujan (1992) to Spokeo (2016), Combined Opinion from 10. Earth Island Institute, 555 U.S. 488 (2009), Wyoming cannot file affidavits with this Court to establish standing because judgment was entered below and that judgment has been appealed. The Complaint further alleges, and no one denies, that these organizations (and their members), believing that actions such as salvage-timber sales harm those interests, regularly oppose salvage-timber sales (and similar actions) in proceedings before the agency. v. Pengilly, 376 F. Supp. II. It follows a rising public outcry about plastics pollution — particularly in the world’s oceans — and initiatives by state and federal lawmakers to force companies to take ownership of the material they use to package their products. These allegations and affidavits more than adequately show a "realistic threat" of injury to plaintiffs brought about by reoccurrence of the challenged conduct—conduct that the Forest Service thinks lawful and admits will reoccur.

Earth Island Institute, 129 S. Ct. 11 4 2, 1151 (2009) (environmental group that was denied the opportunity to file comments with the United States Forest Service regarding a Forest Service action denied standing for lack of concrete injury). by Leah Messinger. our Backup, Combined Opinion from Respondents alleged such injury in their challenge to the Burnt Ridge Project, claiming that but for the allegedly unlawful abridged procedures they would have been able to oppose the project that threatened to impinge on their concrete plans to observe nature in that specific area. The new Netflix documentary “Seaspiracy” has gained a lot of attention following its release this week. ed. We've lost between 7 and 10 million dolphins in our tuna-fishing methods. Complaint ¶¶ 105-106, App. I believe the majority answers this question as follows: It recognizes, as this Court has held, that a plaintiff has constitutional standing if the plaintiff demonstrates (1) an "`injury in fact,'" (2) that is "fairly traceable" to the defendant's "challenged action," and which (3) a "favorable [judicial] decision" will likely prevent or redress. The problem for the dissent is that the timely affidavits no more meet that requirement than they meet the usual formulation. v. Ruthenbeck, 490 F.3d 687, 696 (2007) (amended opinion). Last season (Sept. 2013 to Feb. 2014), about 835 dolphins were killed. *1147 Edwin S. Kneedler, Washington, D.C., for petitioners. Respondents argue that they have standing to bring their challenge because they have suffered procedural injury, namely that they have been denied the ability to file comments on some Forest Service actions and will continue to be so denied. its alternatives, a summary of environmental impacts, and areas of controversy and issues to be resolved. 68a, 69a, 71a. It requires federal courts to satisfy themselves that "the plaintiff has `alleged such a personal stake in the outcome of the controversy' as to warrant his invocation of federal-court jurisdiction." She has no professional, co-ops film crew like Ric. Found inside – Page 117Was there no case or controversy? ... litigating the rights of others who had a more direct stake in the controversy and the idea that those others, and not an intermeddling bystander, ... Earth Island Institute, 555 U.S. 488 (2009). ¶¶ 6, 13, App. 68 Fed.Reg. EARTH ISLAND INSTITUTE, Plaintiff-Appellant, Sierra Pacific Industries, Intervenor-Appellee, v. UNITED STATES FOREST SERVICE; Jack Blackwell, in his official capacity as Regional Forester for Region 5 of the United States Forest Service; John Berry, in his capacity as Forest Service Supervisor for the Eldorado National Forest, Defendants-Appellees. March 3rd, 2009, Precedential Status: The majority says it will not consider those affidavits because they were submitted "[a]fter the District Court had entered judgment." E to Pet. We likewise do not reach the question whether, if respondents prevailed, a nationwide injunction would be appropriate.

Earth Island Institute Ill. 28.

Mark Berman. the Court. As of March 2017, the following organizations were projects of Earth Island Institute before leaving to continue their environmental work as independent organizations: The team's purpose is to protect the planet Earth and its people from both domestic and extraterrestrial threats. ( Alliance Br., at 15-16) (citation omitted). reasons other than the protection of the public health or safety." The American Institute of Biological Sciences, which owned and ran actionbioscience.org, was a nonprofit 501(c)(3) scientific organization devoted to advancing biological research and education for the benefit of society. Warth v. Seldin, 422 U.S. 490, 498, 95 S. Ct. 2197, 45 L. Ed. Setting on dolphin is practiced only by yellowfin fishermen, and almost The curriculum units Fellows write are their own. Earth Island cites legislative history, including a conference report and a comment letter from Representative Richardson stating that “[w]e believe that the agency's recent proposal to eliminate appeals of timber sales, oil and gas leases, and other project level activities is a slap in the face of democratic values.” 138 Cong.

That problem still goes on and Earth Island Institute is working on that.

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