Marina/Dates/Manatee Mortality/Bribe/Coal Ash/Pesticides/Earthjustice
 
 Our Santa Fe River
 
Meeting dates are up for January on our website!
 
 
 
 
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boat Marina
 
All-
 
Every now and then something so extreme and 'in-your-face' challenging comes along and demands immediate action. 
 
 The Rodman Pool marina, described below  has the same tone and over-the-top developing ambition as the infamous Fish Island Marina application on the Intercoastal Waterway in the City of St. Augustine.   Again, the permitting of particular applications that affect both Corps of Engineers and area Water Management District evaluations....but this time an application for a Rodman permit is also in direct contradiction to restoration principles endorsed by the Governor and DEP head at the state level and the federal EPA Clean Water guidelines. 
 
Write both Crops and SJRWMD emphasizing.
 

·         that you are formally filing an objection to issuance of a permit for this project based upon adverse ecological and historical resource impacts;

·         and, it is not compatible with state and federal positions to restore the Ocklawaha River.

RE: ERP Application #40-083-26668-6, Lake Oklawaha RV Park (Docks);

Applicant - Minor’s Marine Construction, Inc.

 

The Letter will look like this or can be similar anyway...

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Division of Regulatory Information Management

St. Johns River Water Management District

4049 Reid Street

Palatka, FL 32177

 

RE: ERP Application #40-083-26668-6, Lake Oklawaha RV Park (Docks);

Applicant - Minor’s Marine Construction, Inc.

 

·         I am formally filing an objection to issuance of a permit for this project based upon adverse ecological and historical resource impacts;

·          it is not compatible with state and federal positions to restore the Ocklawaha River.

David Wiles

8220 A1A South

St. Augustine, Florida 32080

904.461.7297

rprtcard@bellsouth.net

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This particular battle is part and parcel within the larger water wars that involve Utility extractions from the Lower Ocklawala and Saint Johns Rivers, the acknowledgment of the Aquifer Recharge area and Pellicer Creek tributaries in the Matanzas Basin watershed and the Georgia-Pacific request for a two year permit delay in implementing a pipeline to the center of the Saint Johns River.   Rodman Dam and the Florida Cross Barge Canal are historic water wars stretching back to the l950's and we should continue our attention to the long standing battles as well as the new emerging ones. 

 

      As with re-powering America, there can be no losing the last of the water birthright in Northeast, Central and Panhandle Florida.  We should demand that the Governor and the Cabinet form themselves into the Land and Water Adjudication Committee and resolve the sad state of initial permitting and re-permitting at Rodman and Rice Creek locations. 

 

David Wiles

 

Sent: Wednesday, January 07, 2009 5:31 PM
Subject: OCKLAWAHA ACTION ALERT

(We need lots and lots of letters - please, share this message widely. Apologies in advance for cross-postings!)

 

Ocklawaha Restoration opponents are at it again. The St. Johns River Water Management District is currently reviewing a permit application to build a 400 slip marina in Rodman pool. Yes, you heard me right, a FOUR HUNDRED SLIP MARINA in Rodman pool!  Could it not be a ploy to hamper restoration???

 

The project site is adjacent to the Marjorie Harris Carr Cross Florida Greenway and the Ocala National Forest and currently consists of an existing RV park, forest, and portions of Rodman pool. The permit application proposes a 10-foot wide, 3,757-foot long, perimeter boardwalk along the entire property as well as construction of four floating dock structures with a total of 400 boat slips. The complete permit application can be found on the SJRWMD website e-permitting section by searching the project name, Lake Oklawaha RV Park (Docks), or permit number 40-083-26668-6.

 

Gov. Crist and DEP Secretary Michael Sole have publicly committed to restoring the Ocklawaha by removing Rodman Dam. The River restoration plans involve removal of the dam which will substantially reduce water levels at the proposed site, making operation of a marina untenable.

 

Other state agencies, including FDEP’s Office of Greenways and Trails, have pointed out that DEP is pursuing permit applications to restore the pre-Rodman dam flows to the Ocklawaha system. The proposed marina project would be totally incompatible with permits issued to DEP for the planned restoration.

The Florida Division of Historical Resources (DHR) says that plans filed with the SJRWMD indicate that the dock structure will most likely be located directly above a submerged prehistoric canoe. Furthermore, the project site is close to other identified archeological resources and other potentially significant historic sites, including human remains.

 

The project site is located within the Florida Fish and Wildlife Conservation Commission’s (FWC) designated primary range for the Florida black bear.  The forest within the project site occurs on a very steep slope ranging from 1:1 to 3:1 (elevation 120’ to 18’ NGVD) and has several trails, indicated that this area is likely being utilized as a wildlife corridor. Bear scat was observed within the forest during site reviews.  To date, the FWC has not received a response from the applicant to their Request for Additional Information dated July 15, 2008.

 

The US Environmental Protection Agency (EPA) has recommended denial of the permit application after determining that the proposed project does not comply with guidelines of the Clean Water Act for dredge and fill operations. EPA has also expressed concern that the proposed project impacts have not been adequately described, including the proposed effects on the governmental resources expended over the last 25+ years of funding, plan development, coordination, and legal actions to restore the Ocklawaha River.

 

Please:

·         write a letter addressed to the SJRWMD and the Army Corps of Engineers;

·         state clearly the permit numbers as listed below;

·         the applicants name (also below);

·         that you are formally filing an objection to issuance of a permit for this project based upon adverse ecological and historical resource impacts;

·         and, it is not compatible with state and federal positions to restore the Ocklawaha River.

 

Address one letter to both the SJRWMD and the Army Corps of Engineers as indicated below (email is fine). BE SURE TO SEND YOUR LETTER TO BOTH AGENCIES.  Don’t forget to copy the EPA and me at PCEC!

 

Send your letters to:

 

Mike Dinardo - mdinardo@sjrwmd.com

Brian Abrams - bhabrams@sjrwmd.com

SJRWMD

PO Box 1429

Palatka, FL 32177

RE: ERP Application #40-083-26668-6, Lake Oklawaha RV Park (Docks); Applicant - Minor’s Marine Construction, Inc.

 

and

 

Colonel Paul L. Grosskruger, District Engineer

Jacksonville District Corps of Engineers

Attention: Norma Fouraker, Regulatory Division - Norma.B.Fouraker@usace.army.mil

PO Box 4970

Jacksonville, FL  32232

RE: Rebel Investment Corp.; Permit Application #SAJ-2008-2172

 

Be sure to also cc:

 

Eric Hughes, EPA-USACOE Liaison

hughes.eric@epa.gov

PO Box 4970

Jacksonville, FL 32232

 

and

 

Karen Ahlers, President - karen@pcecweb.org

Putnam County Environmental Council, Inc.

PO Box 1836

Interlachen, FL 32148

 

Please don’t hesitate to ask if you have any questions.

 

As always, thank you for your efforts to protect Florida’s rivers!

 

Karen

 

 

Karen Ahlers, President

Putnam County Environmental Council, Inc.

Post Office Box 1836

Interlachen, FL  32148

Phone: 352-475-1936 or 352-546-3560

Fax: 352-475-1078

www.pcecweb.org

 

 
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Manatee Mortality 2008

 

Newborn deaths, boat deaths hit highs for manatees in 2008

It has been another bad year for manatee deaths and the FWC makes lemonade out of lemons with a press release stating “number of documented manatee deaths remain below the five-year average of 357”

Both sides of the story; record number of new born deaths and press release documents are below.  Read them and keep in mind that there are about 3,200 Floridian Manatees in the 1,400 miles of Florida’s coastline that they share with over one million registered boats.  The odds of a manatee not getting hit by a boat at least once a year are high.

The 2008 Manatee Mortality Information page has been updated with Preliminary December mortality numbers and the 2008 Yearly Summary. The information can be found at http://research.myfwc.com/features/view_article.asp?id=14855.

There is a hotspot of manatee abuse being reported daily by a group trying to protect the manatees at Crystal River.  Manateewatchgroup on Yahoo at http://pets.groups.yahoo.com/group/manateewatchinggroup/   is a small group of people trying to protect the manatees from a few unscrupulous tour operators that encourage their customers to interact with the manatees’ way past the point of harassment.

I have newspaper stories URLs dating back to 2003 in my archives that list a manatee abuse story about every six months at Crystal River.  I am glad these folks are carrying on the fight to protect these manatees and I am glad that some of the tour operators are trying to set up a professional association to encourage proper manatee encounters only.  I hope that there are those on both sides that can find each other and work together.

What has manatee harassment at Crystal River, the largest manatee refuge on the Gulf Coast, got to do with the rising death rate of newborn manatees?  It is the only place in Florida where anyone can swim with manatees.  Newborn manatee calves with a tail as soft as the top of a newborn human baby’s head.  For the first ten days of a manatee calves life his tail is more like chiffon than a solid manatee’s tail. 

Among other things during the first ten days he has to learn to coordinate the two membranes in each nostril to open in sync while out of the water in order for comfortable breathing and learn to remember to keep both the membranes shut while underwater.  

At Crystal River, one of the most photographed and complained about manatee encounters used by the few unscrupulous tour operators is to separate a manatee cow from her newborn calf, then catch the calf in order for his customers to rub and pet.

Is it possible that the few unscrupulous manatee tour operators at Crystal River, those that catch manatee calves, somehow contributed to the increased newborn manatee death rate?  

Stan Meeks

Manatee Advocate

Suwannee River Keepers, Inc.

_______________________________________________________________________

Tampabay.com http://blogs.tampabay.com/breakingnews/2009/01/boat-deaths-new.html

Newborn deaths, boat deaths hit highs for manatees in 2008

http://blogs.tampabay.com/.shared/image.html?/photos/uncategorized/2009/01/05/phalangesjpg.jpgST. PETERSBURG -- State biologists reported today that they hauled in a total of 337 manatee carcasses last year and a record number were newborns.

The Florida Fish and Wildlife Research Institute in St. Petersburg reported 101 newborn manatees turned up dead. Last year they found 59 dead newborns.

The biologists also determined that 90 of the 337 manatees had been killed by speeding boats, seven of them off Pinellas County.

That's the third-highest figure for watercraft-related manatee deaths in the past decade, a clear increase from the 73 killed by boats last year. The record, 95, was set in 2002, and in 2006 boaters killed 92 manatees.

Martine DeWitt, associate research scientist at the St. Petersburg lab, said the increase in dead newborns is apparently not connected to the increase in boat-related deaths. Biologists say it could be that more manatee calves were born last year, or that more of the newborn carcasses were recovered than usual.

[Image of injured manatee from U.S. Geological Survey]

--Craig Pittman, Times staff writer

_______________________________________________________________________

FWC-FWRI Press Release

For immediate release: January 5, 2009

 

FWC releases preliminary 2008 manatee mortality data

 

Biologists with the Florida Fish and Wildlife Conservation Commission’s

(FWC) Fish and Wildlife Research Institute documented 337 manatee carcasses in state waters in 2008. The low number of red tide-related mortalities last year helped the number of documented manatee deaths remain below the five-year average of 357.

 

Watercraft strikes and prenatal (newborn) deaths were the two most commonly documented manatee mortality categories in 2008. The numbers for both categories were above the five-year average. Biologists documented 90 watercraft-related deaths and a record high of 101 newborn deaths.

 

Biologists report that a variety of factors could have contributed to the high number of newborn deaths in 2008. These factors include the possibility that there were more manatee births or that biologists recovered a higher proportion of manatee calf carcasses.

 

The FWC uses trends in mortality figures to monitor ongoing and emerging threats to the manatee population. Throughout the year, FWC researchers, managers and law enforcement staff work closely together to evaluate mortality data and identify necessary actions. FWC law enforcement, in cooperation with partner agencies, uses knowledge of local boating habits, well-posted speed zones, and up-to-date manatee information to focus on-the-water enforcement operations. Enforcing manatee protection zones and informing boaters about manatee conservation is a priority for the FWC.

 

To report a dead or injured manatee, call the FWC Wildlife Alert hotline at 888-404-FWCC.

 

For additional information about manatee conservation, visit MyFWC.com/manatee. For more information on manatee mortality research, visit http://research.MyFWC.com/manatees

 

Stan Meeks

Manatee Advocate

Suwannee Rivers Keepers, Inc,

 

MANATEE LECTURE

FLORIDA NATURAL HISTORY LECTURE SERIES
AT THE SPIRIT OF THE SUWANNEE MUSIC PARK
RT 129 NORTH OF LIVE OAK,
AT SUWANNEE SPRINGS, FLORIDA
 


The U.S. GEOLOGICAL SURVEY and the SPIRIT OF THE SUWANNEE MUSIC PARK in Live Oak have teamed up to bring the latest scientific news on Florida Wildlife and our unique natural environment directly to the public. Once a month a noted research scientist will present a one-hour illustrated talk on topics ranging from jumping sturgeons to deep-reef fishes. Talks will be interactive – any and all questions are welcome. Increase your understanding of the natural world of Florida, and learn what you can do to help preserve it.
 
The FLORIDA NATURAL HISTORY LECTURE SERIES was kicked off in October 2008 and will continue through 2009. This month’s lecture will feature Dr. Bob Bonde of the U.S. Geological Survey. His talk is entitled: “The Future of the Florida Manatee – Mermaids in Peril”. See accompanying flyer.
 

Be there! Wednesday, 21 January, 7:00 PM
Spirit of the Suwannee Music Hall
 
Directions: From Live Oak, go north 7 miles on Rt. 129

From I-10, take Exit 283 (Live Oak), Rt. 129, go north 4.5 miles
From I-75, take Exit 451 (Jaspar/Live Oak), Rt. 129, go south 4.5 miles
   

If you are the leader of a club or organization, please circulate this announcement via email with the accompanying flyer to your club members. If you manage a park or natural area, please post the flyer prominently for your visitors - Thanks!
 
More Information on SOSMP: www.musicliveshere.com
 




Mike Randall

Coastal Ecology and Conservation
Florida integrated Science Center
7920 NW 71st Street
Gainesville, FL 32653

(352) 378-8181 ext 3521
Fax (352) 378-4956

 

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 Bribe charges
 
 
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Coal Ash
 
 
Friends of the Earth

Dear Merrillee,

http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=P6lYshYoAhz9DxwU69dDkT8XVWPnbkcW
Take Action
Let your representatives know this spill is the last straw: it's time for a end to coal.

A massive coal sludge spill inundating Eastern Tennessee is the latest proof of coal's toxicity. Please help us end America's use of coal by taking action today.

Late last month, a large swath of Tennessee was flooded with toxic coal ash when a containment pond ruptured. The massive spill -- bigger than the Exxon Valdez oil spill in Alaska -- covered hundreds of acres of land, knocking homes off of their foundations and flowing into streams and the Clinch and Tennessee rivers. The spill is killing wildlife and poses long-term threats to human health and the environment (to view the devastation firsthand, see this video from our ally, Appalachian Voices).

This morning's New York Times expands on the story with a front-page report that reveals the existence of more than a thousand similar dumps in 46 states, many of which are unmonitored and unregulated. Coal ash, a toxic byproduct created when we burn coal to create electricity, contains heavy metals including arsenic, lead, mercury and selenium, which threaten water supplies and human health. And even without disasters like the one in Tennessee, coal ash is causing problems: groundwater at 63 sites around the country has already been contaminated by these dumps, according to the EPA.

Coal is dirtiest form of energy there is -- a fact that's underscored by the disaster in Tennessee.  And there is only one solution. We must transition away from our use of coal. Will you help us send this message to Congress today?

In addition to putting toxins that cause thousands of deaths into our air and water, coal use is the leading cause of global warming. Top NASA climatologist James Hansen has called for a ban on the construction of new coal power plants, and says that within the next couple of decades, "all coal burning power plants that don't capture [carbon dioxide, a greenhouse gas] will have to be bulldozed" to avoid catastrophic changes to our climate.

Too many members of Congress still don't understand how serious this problem is. They need to hear from you, their constituents, that coal is public enemy number one. A ban on new coal-fired power plants is needed immediately, and we must rapidly phase out existing coal facilities and replace them with clean energy alternatives and energy efficiency.

Please join me and Friends of the Earth activists around the country in sending this message to Congress today.

Your friend in the fight,

Brent Blackwelder
President
Friends of the Earth

Friends of the Earth
1717 Massachusetts Avenue NW
Suite 600
Washington, DC 20036
(202) 783-7400

Friends of the Earth
311 California Street
Suite 510
San Francisco, CA 94104
(415) 544-0790

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The coal ash spill in Tennessee last month is putting a spotlight on whether the ash from 450 other power plants around the country could be contaminating the nation's drinking water supplies
 
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Pesticides

 Subj: Court Cancels EPA Clean Water Act Exemption for Pesticides

 

January 8, 2009

 

To:        Lake County Commissioners and Lake County Water Authority

 

Cc:       Leonard E. Wheeler, Jr., BSIT, MPA, REM & Skip Goerner

 

From:    Ronald E. Ney, Jr., Ph.D.

 

Subject: Court Cancels EPA Clean Water Act Exemption for Pesticides

 

This case may mean that putting that mess from the alum cleanup process and other cleanup processes back in waters may now be in violation of the Clean Water Act.

 

Ron Ney

 

 

Sent: Thursday, January 08, 2009 1:53 AM

Subject: (ENS) World News January 7, 2009

 

 

Court Cancels EPA Clean Water Act Exemption for Pesticides

 

CINCINNATI, Ohio, January 7, 2009 (ENS) - Environmental groups today celebrated their victory as an appeals court vacated a U.S. Environmental Protection Agency rule that has allowed pesticides to be applied to U.S. waters without a Clean Water Act permit.

 

On November 27, 2007, the EPA issued the final rule, which states that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act, or FIFRA, are exempt from the Clean Water Act's permitting requirements.

 

The Clean Water Act regulates the discharge of pollutants into the nation's waters by, among other things, requiring entities that emit pollutants to obtain a National Pollutant Discharge Elimination System, NPDES, permit.

 

For nearly 30 years before adoption of the rule, pesticide labels issued under the FIFRA were required to contain a notice stating that the pesticide could not be "discharged into lakes, streams, ponds, or public waters unless in accordance with an NPDES permit."

 

Two different groups of petitioners, one representing environmental interest groups and the other representing industry interest groups, for different reasons opposed the rule as exceeding the EPA's interpretive authority.

 

The EPA defends the rule by arguing that the terms of the Clean Water Act are ambiguous and that the rule is a reasonable construction of the Clean Water Act.

In their decision, a three-judge panel of the 6th Circuit Court of Appeals wrote, "We cannot agree. The Clean Water Act is not ambiguous. Therefore, we hold that the EPA's Final Rule is not a reasonable interpretation of the Act and vacate the Final Rule."

 

This farmer sprays his vegetables with pesticide from a boat. (Photo by the Guo Project)

 

"The decision today is a victory for clean water, and for fish and wildlife," declared Charlie Tebbutt, Western Environmental Law Center attorney and lead counsel for the environmental organizations and organic farms that challenged the rule.

 

The organizations bringing the case include Baykeeper, National Center for Conservation Science and Policy, Oregon Wild, Saint John's Organic Farm, Californians for Alternatives to Toxics, California Sportfishing Protection Alliance, Waterkeeper Alliance, Environment Maine, Toxics Action Center, Peconic Baykeeper and Soundkeeper.

 

"This decision is another in a long line of rebukes to the Bush administration policies that overstepped their statutory authority and to the chemical manufacturers who peddle their poisons without concern to the effect on human health and the environment," said Tebbutt. "We look forward to working with the new EPA to protect the environment rather than the chemical industry."

 

The industry petitioners were the Agribusiness Association of Iowa, BASF Corporation, Bayer CropScience, CropLife America, Delta Council, Eldon C. Stutsman, Inc., FMC Corporation, Illinois Fertilizer & Chemical Association, The National Cotton Council of America, Responsible Industry for a Sound Environment, Southern Crop Production Association, and Syngenta Crop Protection, Inc.

 

With the intention of broadening the EPA exemption, they argued that the EPA rule is "arbitrary and capricious" because it treats pesticides applied in violation of the FIFRA as pollutants, while it treats the very same pesticides used in compliance with the FIFRA as non-pollutants.

 

The court denied their claim and ruled that pesticide residues and biological pesticides constitute pollutants under federal law and therefore must be regulated under the Clean Water Act in order to minimize the impact to human health and the environment.

 

"This decision will help ensure, in communities across the country, that aquatic pests are addressed in ways that protect both water quality and the public health," said Chuck Caldart of the National Environmental Law Center, one of the attorneys representing the plaintiffs.

 

"We're thrilled by the court's decision - particularly in providing clarity on the aerial applications of pesticides over navigable waters for mosquito control," said Peconic Baykeeper Kevin McAllister. "Ensuring that the required discharge permits have been obtained provides for greater protection of our water resources."

 

"Time and again during these past eight years EPA has walked into federal courts and tried to defend absolutely indefensible rules like the one vacated today," said Waterkeeper Alliance Legal Director Scott Edwards. "And time and again they've been sent back to the drawing board to rewrite these unlawful rules. Hopefully, EPA's days of pandering to industry and other polluters and wasting taxpayers dollars in illegal rulemaking are drawing to a welcome close."

 

"This is a significant victory for our nation's waters. More than eight million pounds of pesticides are applied each year in the Bay Area alone," said Sejal Choksi, program director for San Francisco Baykeeper. "These toxic chemicals enter our creeks harming numerous species of fish, frog and other aquatic life and will now be regulated under the Clean Water Act."

 

"Pesticides have been documented as the most pervasive group of toxic pollutants in our waterways. This decision is a significant step forward in protecting and restoring our seriously degraded fisheries," said Bill Jennings, chairman and executive director of the California Sportfishing Protection Alliance.

Steve Pedery, Oregon Wild conservation director, said, "When it comes to toxic pesticides and their effects on our rivers and salmon, we need to be certain that good science is being used and those resources are protected. This ruling is a victory for clean water and fish, and a victory for Americans who care about healthy rivers and streams."

 

Copyright Environment News Service (ENS) 2009. All rights reserved.

 

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Defending U.S. Waters at Supreme Court

http://www.earthjustice.org/

http://action.earthjustice.org/ct/w7NZMHn1mLNS/
Lower Slate Lake, at the center of the case, after surrounding trees were cut down and access roads built.

Dear Merrillee,

The first case before the U.S. Supreme Court in 2009 will be argued on Monday by Earthjustice as we oppose a combined attack on our nation's waterways by the Bush administration and Alaska Gov. Sarah Palin.

We are sending out this news alert to our supporters because of the issue's great significance.

Bush and Palin are jointly asking the Supreme Court to re-interpret the Clean Water Act so that the mining industry can dump its wastes in streams, rivers and lakes throughout America. They want permission to kill every fish and organism in a particular waterway if necessary.

The only obstacle to achieving their ambitions is Earthjustice.

Arguing the case is Earthjustice attorney Tom Waldo, whose appearance before the Supreme Court climaxes a successful, years-long battle in lower courts to prevent a mining company from killing a pristine Alaska lake with chemically treated waste. It's this case the high court is hearing on Monday.

http://action.earthjustice.org/ct/wdNZMHn1mLNz/
Tom Waldo, Earthjustice attorney

But, as Tom knows all too well, the stakes are much higher than one small lake. An adverse decision would make a shambles of the Clean Water Act and the waters it is supposed to protect.

The threat is especially imminent in Alaska, whose governor openly promotes unrestrained dumping of mine tailings because of the mining boom it could ignite. The first venture to benefit would be the proposed Pebble Mine—a monster gold mine planned to operate above Alaska's remarkable Bristol Bay, home to the world's richest sockeye salmon fishery. Dumping mine wastes into its waters could be disastrous.

As a supporter of Earthjustice, you have the opportunity to read a live report from the Supreme Court on Monday through our blog, unEarthed. The case will be heard at 10 a.m. (EST), and we expect to have our first blog report shortly after noon.

Regards,

Trip Van Noppen

Trip Van Noppen
President, Earthjustice

P.S. As you can imagine, the costs of preparing for this historic case—and the many critical cases we're working on right now—are staggering, and we rely on your support to succeed. Won't you please consider making a special tax-deductible gift today to help support our legal work on behalf of the environment?

©2009 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | action@earthjustice.org


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