Environmental Law in Idaho

1. Environmental Law in Idaho • Corey Wageman, Kaori Iizuka, Daniel Fredrickson, Bobby Richmond, Carey Tanabe, Tonya Jensen, Candis Redfield

2. Outline • -Environmental law • -Environmental law in Idaho • -Environmental Organizations • -Cases: • -Wolves in Idaho • -Atlanta Gold • -Land Grazing in Idaho • -Greenfire Preserve • -Battle Creek Allotment

3. Tort laws: in common law jurisdictions, is a civil wrong. Before the 1970’s these common law/regulations were the only way they controlled pollution. The common law of tort was an important tool for resolution of environmental disputes that fall beyond the confines of regulated activity. -Institutionalized policy created to regulate environmental issues: -Creation of EPA (Environmental Protection Agency) -NEPA (National Environmental Policy Act): requires every federal agency to consider the environmental impacts to every major activity it undertakes. Environmental Law

4. Two important acts brought about by environmental law: • 1. National Environmental Policy Act (NEPA) • -signed into law by President Nixon on January 1, 1970 • -The act sought to help federal agencies act as responsible stewards of Americas vast natural resources and environment. • -Established Council on Environmental Quality (CEQ) • -CEQ regulations set the standard for NEPA compliance by agencies • -Works alongside acts such as the clean water act, clean air act, and endangered species act • -NEPA Process • Apply a categorical exclusion • B) Prepare an environmental assessment or, • C) Prepare an environment impact statement

5. NEPA continued… Categorical Exclusions • Agencies compile a list of actions from proposed plan that they have determined will have no significant individual or cumulative effect on the environment Environmental Assessment (EA) • Purpose of the EA is to determine if a proposed action will have significant environmental effects • Federal, state, local agencies, and to an extent the public all participate in EA preparation Environmental Impact Statement (EIS) • Agency states how its actions will affect the environment and wether it is good or bad and why the agency should be able to continue on with its proposed actions

6. 2. Clean Water Act (CWA) • Enacted in 1948 and was called the federal pollution control act. • The clean water act establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. • Made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit is obtained. EPAʼs national pollutant discharge elimination system. • EPA has implemented pollution control programs such as setting waste water standards for industry.

7. Environmental law in Idaho:The Idaho Department of Environmental Quality -DEQ ensures clean air, water, and protection from adverse health impacts of pollution. Works with federal and state agencies, industries, organizations and citizens to identify and implement environmental solutions. -Responsibilities include: -monitoring air and water quality -issuing permits to limit emissions of pollutants -developing plans to restore water bodies to healthy conditions -protecting drinking water -management of hazardous and solid waste, and clean-up

8. Air quality: -Idaho (among other states) has been delegated authority by EPA to issue air quality permits and enforce air quality regulations. -Air pollutants: vehicle emissions, air toxics, Fugitive dust, etc. -Burning and smoke management: Burn restrictions and bans, crop residue burning, residential burning, etc. -DEQ monitors air quality to satisfy federal regulatory requirements and scientifically determine the quality of Idaho’s air-sheds: -DEQ’s monitoring network -daily Air quality reports and forecasts -Regulatory Programs regulate emissions of hazardous and toxic pollutants by industrial sources: National Emissions Standards for Hazardous Air Pollutants (NESHAP’s).

9. Water Quality: -DEQ’s Water Quality Division is responsible for assuring that the states surface, ground, and drinking water resources meet state water quality standards. Drinking water: Idaho’s drinking water program under the Federal Safe Drinking Water Act and the Idaho Rules for Public Drinking Water Systems. Ground Water: Protecting ground water quality, aquifers, Ground water monitoring, etc. Surface Water: DEQ water quality protection efforts ensure surface waters meet beneficial uses and Idaho water quality standards. -Anti-degradation -Mercury in water -Temperature

10. Organizations that influence Environmental policy and law in Idaho: -Idaho Conservation League (ICL): • Keep Idaho Idaho. Founded around this phrase in 1973. • Originally formed to be the voice of conservation at the Idaho legislation, have been engaged in every legislation since forming. • Idahoʼs leading voice for clean water, air, and wilderness conservation. • 18 full-time staff members in three offices across the state, many volunteers • Work to server Idahoʼs communities by ensuring local, state, and federal policies protect and enhance the health of our environment and the families that enjoy it. • Monitor mining, logging, motorized recreation management, and wildlife management.

11. ICL accomplishments over the years: 1970s - Preservation of the 2.3 million-acre Frank Church-River of No Return Wilderness 1980s – Helped pass the Idaho Clean Lakes and Water Quality Act 1990s – Helped revise the Idaho Forest Practices Act 2000s - Helped pass the Owyhee Canyon lands Wilderness Bill, the first wilderness designation in Idaho in 29 years.

12. Advocates for the West • Founded in 2003 • Based out of Boise Idaho, with offices in Portland, Oregon • Public interest, not-for-profit environmental law firm. • Mission statement: We work to maintain healthy landscapes—from the northern Rockies to the Sierras and Cascades, and the vast Sagebrush Sea in between them. • 8 staff members that work along with volunteers and other environmental organizations • Provided winning legal help to over 30 conservation groups and many individual concerned citizens throughout the west..... All at no costs! • 85% of cases taken on have either been won of produced favorably out of court settlements

13. Wolves in Idaho • In 1974, declared endangered in ESA. • In 2010, requirement of new law was dismissed. • In 2011, removed from the endangered species list.

15. Idaho Fish and Game • In 2011, Idaho Fish and Game has taken over management. • Legal killing • Hunting season • Molesting or attacking livestock, domestic animals or humans.(must report within 72 hours)

17. Atlanta Gold Case • In 2005 a lawsuit was filed against AGC • Permit was put in place under the Clean Water Act • Violations • 2011 Advocates For the West and Idaho Conservation League filed another action • Early 2012 the court ruled in favor of AFTW/ICL • Citations, Fines and Penalties

18. Land Grazing Law in Idaho

19. Greenfire Preserve -Case won- -Western Watersheds Project has been working to restore land previously damaged by livestock in the Greenfire Preserve. A “non-use” permit was obtained in 2002 from the BLM that allowed the project to continue its work. -In 2009, the Bureau of Land Management cancelled the permit thus allowing other ranchers to obtain grazing rights on the land.

20. Greenfire Preserve -Effected Species- -Antelope -Blue Grouse -Chinook Salmon (endangered) -Deer -Elk -Sage Grouse -Steelhead Trout (endangered)

21. Greenfire Preserve -Outcome- In 2010, a stay was issued that prevented the BLM from cancelling Western Watersheds Project’s permit prematurely. WWP has been able to continue their work in conservation on the Greenfire Preserve.

22. Battle Creek Allotment -Case pending- Over the past few years, the BLM has begun issuing grazing permits on the Battle Creek Allotment without notifying Western Watersheds Project, who oversees the allotment. In doing so, WWP alleges that The BLM is violating The National Environmental Policy Act, The Federal Land Management Act, and the Fundementals of Rangeland Health.

23. Battle Creek Allotment -Effected Species- -California Big Horn Sheep -Columbia Spotted Trout -Greater Sage Grouse -Pygmy Rabbit -Redband Trout

24. Battle Creek Allotment -Greater Sage Grouse- Of the species in the area, the greatest concern is for the Greater Sage Grouse. Populations have been in steady decline for decades. The population in the Battle Creek Allotment and surrounding areas contains one of the largest remaining habitats for the Greater Sage Grouse.

25. Battle Creek Allotment -Possible Outcome- It’s difficult at this point to guess what will be the final outcome of the legal battle over The Battle Creek Allotment. There seems to be a constant battle between Western Watersheds Project and The Bureau of Land Management. It’s likely that the courts will side with WWP, but this is doubtedly the last challenge we’ll see in court over grazing rights.

26. Sources: • http://www.advocateswest.org/ • http://www.westernwatersheds.org/resources/greenfire/ • http://woostergeologists.scotblogs. • http://www.nepa-alliance.org/ • http://ceq.hss.doe.gov/ • http://www.idahoconservation.org • http://www.epa.gov/ • http://cecp.air.org