Attorney William Stewart Eubanks II's Legal Cases

Environmental and natural resources

Animal Welfare Institute v. Beech Ridge Energy, LLC, 675 F. Supp. 2d 540 (D. Md. 2009)

Dec 08, 2009

OUTCOME: Prevailed in obtaining permanent injunction

In this first-ever challenge to a renewable energy project for violating federal environmental laws, a coalition of conservation organizations and concerned citizens brought this action challenging Inv ... energy’s Beech Ridge wind project in West Virginia on Endangered Species Act grounds. The groundbreaking lawsuit contended that the project’s operation would unlawfully take federally endangered Indiana bats by killing, injuring, and otherwise harming members of the species, and the Court sustained the plaintiff's position after an extensive trial and voluminous expert testimony.

Environmental and natural resources

Cary v. Salazar, 626 F. Supp. 2d 102 (D.D.C. 2009)

Jun 22, 2009

OUTCOME: Prevailed on summary judgment

On behalf of several conservation organizations, we challenged a decision by the United States Fish and Wildlife Service to issue a regulation under section 10 of the Endangered Species Act that allows ... the "canned hunting" of three endangered species of African antelope - the oryx, dama gazelle, and addax - when such animals are captive-bred in the United States. The plaintiffs challenged the blanket authorization for hunting of the endangered antelope for sport as violating the statutory procedures of the Endagered Species Act which required notice and comment on each separate request for a permit and also required the Fish and Wildlife Service to make certain findings before authorizing such conduct. In 2009, the court held that the plaintiffs had standing to bring their section 10(c) claim under the Endangered Species Act to challenge the Service's regulation and that the regulations violated the procedures required by Section 10.

Environmental and natural resources

Center for Biological Diversity v. Kempthorne, No. 08-4595 (N.D. Cal. 2008)

Mar 09, 2009

OUTCOME: Prevailed via favorable settlement.

On behalf of the Center for Biological Diversity, we reached a favorable settlement under the Endangered Species Act requiring the U.S. Fish and Wildlife Service to reanalyze its critical habitat desig ... nation for the California Tiger Salamander after the Service originally issued a final rule that excluded the species' entire range from critical habitat consideration.

Administrative law

Sierra Club v. U.S. Department of Agriculture, 2008 WL 5273726 (N.D. Cal. Dec. 19, 2008)

Dec 19, 2008

OUTCOME: Prevailed.

On behalf of the Sierra Club, we successfully defeated intervenors’ motion to transfer a case under the Freedom of Information Act, and ultimately reached a favorable settlement with the government res ... ulting in the substantial release of formerly withheld agency records regarding federal financing of new coal-fired power facilities.

Environmental and natural resources

Winter v. Natural Resources Defense Council, 129 S. Ct. 365 (2008)

Oct 08, 2008

OUTCOME: Amicus participation

We submitted an amicus brief on behalf of several leading conservation organizations regarding the unique purpose of the National Environmental Policy Act and the application of irreparable injury und ... er that statute, in an effort to inform the Court's understanding of those issues in a case challenging naval sonar use off the coast of California.

William Stewart Eubanks II's Legal Cases (25)

Animal Welfare Institute v. Beech Ridge Energy, LLC, 675 F. Supp. 2d 540 (D. Md. 2009)

Cary v. Salazar, 626 F. Supp. 2d 102 (D.D.C. 2009)

Center for Biological Diversity v. Kempthorne, No. 08-4595 (N.D. Cal. 2008)

Sierra Club v. U.S. Department of Agriculture, 2008 WL 5273726 (N.D. Cal. Dec. 19, 2008)

Winter v. Natural Resources Defense Council, 129 S. Ct. 365 (2008)