Court Denies Cow Palace's Motion Seeking Appeal
Shortly after the landmark decision (see below) finding that manure from industrial dairies when mishandled is a solid waste causing an immediate threat to human health, Cow Palace filed for leave to appeal the ruling. The Court denied the motion stating "[T]his Court finds the public interest in addressing current levels of contamination and minimizing any further risk of harm immeasurably outweighs any argument in favor of staying these proceedings pending appeal. As this Court determined in its previous Order, the Dairy’s operations may currently be presenting an imminent and substantial endangerment to the nearby residents who are consuming the nitrate-contaminated groundwater. Any delay in these proceedings only increases the already-present risk to the public health."
Read the Order . . .
Court Finds Animal Factory Causing Immediate Public Health Threat
This decision is the first of its kind in the country that finds that manure from industrial dairies when mishandled, as it is at Cow Palace, is a solid waste that is causing an immediate threat to human health. This facility is no different from the thousands of other animal factories across the country that are causing the same harms to the people around them. It is long past time for local, state and federal health protectors to take up the mantle and protect human health over corporate profits.
Read the Decision on Summary Judgment . . . Read the Order Unsealing Records . . .
Court Denies BNSF's Motion to Dismiss for the Second Time.
Western District Court in Seattle joins Eastern District Court in denying BNSF's request to dismiss coal pollution case. Judge Coughenour found BNSF's arguments to be "absurd" and that they were "merely engaging in a game of semantics." The Plainitiffs' case will now proceed toward trial. A status conference to set the trial schedule is set for April 22 Read the Decision . . .
Leading International Scientists Support Youth Appellants’ Federal Climate Change Suit.
Dan Galpern, representing Dr. James Hansen and ten other prominent climate scientists from around the world recently filed an amicus curiae (“friend of the court”) brief in the U.S. Supreme Court. The brief is in support of a suit brought by Our Children's Trust challenging the U.S. Government's failure to take adequate action to arrest climate change. Read the Amicus Brief . . .
Court Denies BNSF's Motion to Dismiss, Case Rolls on Towards Trial.
On January 2nd, Federal District Court Judge Lonny Suko denied BNSF's Motion to Dismiss in Sierra Club, et al., v. BNSF Railway, in the Eastern District of Washington. The decision allows trial to go forward. Read the Decision . . .
For more background information:
Northwest Public Radio, June 5, 2013 . . .
The Oregonian, April 2, 2013 . . .
Dairy Contamination Cases to Proceed to Trial.
June 21, 2013. Federal District Court Judge Thomas Rice ruled today that CARE's and Center for Food Safety's cases against industrial dairies alleging that manure waste has caused an imminent and substantial endangerment to human health and the environment may proceed to trial. In denying the dairies' motion to dismiss, the Court found that CARE's allegations, if proven, would violate the Resource Conservation and Recovery Act (RCRA). Read the opinion . . . Read the Second Amended Complaint . . .
Welcome to the Law Offices of Charlie Tebbutt.
Charlie and the office team are primarily environmental lawyers who assist communities, organizations, tribes, unions and individuals across the United States in protecting themselves and their members from industrial pollution and chemical injury. Through litigation, negotiation, and grassroots campaign building, the team helps clients enforce our nation’s environmental laws and hold polluters and regulatory agencies accountable.
During his career at the Western Environmental Law Center, the Atlantic States Legal Foundation, and in private practice, Charlie has brought citizen suit and toxic tort cases concerning pollution and chemical exposure against dozens of Fortune 500 companies in more than 20 states enforcing a broad spectrum of environmental laws. The firm has experience with many environmental statutes, including the Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Clean Air Act (CAA), National Environmental Policy Act (NEPA), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Freedom of Information Act (FOIA), Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Emergency Planning and Community Right To Know Act (EPCRA), and Resource Conservation and Recovery Act (RCRA).
|Recent cases include actions against the coal industry, BP and Transocean for the Gulf disaster, large concentrated animal feeding operations (CAFOs), and improper EPA actions. Charlie also represents victims of toxic chemical exposure seeking compensation for and relief from their injuries.
Charlie with John Kerry and Teresa Heinz Kerry on
This Moment on Earth booktour.
In Charlie's words "We advocate to give voice to the people whose voices are ignored or not heard and to the natural systems that have no voice."
Check out our Urgent Issues page for news and links on pressing, national environmental issues.
To inquire about legal assistance, please contact us at email@example.com or call 541-344-3505.