Subscribe!

 Full Posts

Bloglines Subscribe in Bloglines
Newsgator Subscribe in NewsGator Online
MyYahoo
Google Add to Google
netvibes Add to Netvibes

Copyleft

ESAblawg is an educational effort by Keith W. Rizzardi. Correspondence with this site does not create a lawyer-client relationship. Photos or links may be copyrighted (but used with permission, or as fair use). ESA blawg is published with a Creative Commons License.

Creative Commons License

florida gators... never threatened!

If you ain't a Gator, you should be! Alligators (and endangered crocs) are important indicator species atop their food chains, with sensitivity to pollution and pesticides akin to humans. See ESA blawg. Gator blood could be our pharmaceutical future, too. See ESA musing.

gatorlogo2.gif

Follow the truth.

"This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it." -- Thomas Jefferson to William Roscoe, December 27, 1820.

uvaswords.jpg

Thanks, Kevin.

KEVIN S. PETTITT helped found this blawg. A D.C.-based IT consultant specializing in Lotus Notes & Domino, he also maintains Lotus Guru blog.

« Federal Judge in Arizona says U.S. Forest Service actions for Mexican wolf, and work with FWS, fulfilled ESA demands | Main| Federal Judge in D.C. says ESA dispute over EPA's FIFRA registration of Rozol will proceed »

Federal Judge in Louisiana says plaintiffs lacked standing to bring ESA claims in Deepwater Horizon case

Category
Bookmark : del.icio.us  Technorati  Digg This  Add To Furl  Add To YahooMyWeb  Add To Reddit  Add To NewsVine 

In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, MDL 2179, 2011 U.S. Dist. LEXIS 63642 (E.D. La., June 16, 2011).

This multidistrict litigation consists of hundreds of cases arising from the April 20, 2010 explosion, fire, and capsizing of the Deepwater Horizon drilling unit owned by defendant Transocean.  The court created several pleading bundles.  This particular bundle consists of claims for injunctive relief brought against private parties by thousands of individuals.  Among the many claims for injunctive relief was a claim for violations of the Endangered Species Act.  Transocean filed a motion to dismiss the ESA claim (among others) which was granted.  The court ruled that plaintiffs lacked standing to bring their ESA claim because injuries alleged would not be addressed by injunction.  First, no benefit would be achieved because the well was capped and there is no ongoing release.  In addition, the private companies along with agencies have been and are cleaning up the Gulf of Mexico and plaintiffs do not assert any deficiency in these ongoing remediation efforts.  Finally, the claim depended on the actions of actors that were not before the court.  The Defendants do not unilaterally direct cleanup activities in the Gulf, which are under the control of federal agencies.  In addition, the court found plaintiffs' claims to be moot, that the defendants were not currently "in violation" of the ESA, and that there is no ongoing violation.

kempsridleyturtlebrianstacynoaagadnr.jpg
Dr. Brian Stacy, NOAA veterinarian, cleans a young Kemp's ridley turtle.  Photo by NOAA/GADNR available from NOAA Fisheries Office of Protected Resources.