Annual Report 2010 WELC Staff & Board Thank You for Your Support

Annual Report 2010 WELC Staff & Board thank you for your support. We couldn’t do it without you! FROM THE EXECUTIVE DIRECTOR Western Environmental Law Center is pleased to share our western communities minimize our annual report with you, our supporters. As has been their carbon footprint. our practice for the past 17 years, in 2010 we continued to tackle some of the most pressing environmental challenges Overall, our strategic efforts facing the communities and wild places of the American are designed to ensure that our western wildlands and West. communities maintain the resiliency to adapt to the inevitable changes that humans and all creatures will Utilizing law, policy, and science to our utmost advantage, confront in the coming years. we combat the traditional threats to the West: sprawl, pollution, natural resource extraction, and shortsighted We are proud to highlight in this report some of the many energy and public lands management policies. Yet climate accomplishments of our team of highly effective, versatile, change overlays and exacerbates all of these threats, forcing and strategic advocates. Our extraordinary successes and us to sharpen our focus. our strong financial stability in 2010 were all made possible by you, our generous donors and funders, and our smart, We are now concentrating our efforts to protect wildlands passionate partners in the conservation community that we in regions that have been identified as most critical to the work with day in and day out to defend the West. broader adaptive needs of western species: those natural landscapes that will provide refuge to wildlife in our This annual report is a written tribute to each of you, but of changing climate. In these targeted areas, we leverage course the real reward comes in your outdoor experiences the impact of our litigation by collaborating on improved walking, climbing, paddling, or biking in this magnificent policies at the local and state levels, and by assisting private part of the world that we call home. landowners to adopt sound conservation management practices. Our efforts to combat climate change focus on reducing the impacts of fossil fuel energy production; ensuring a quick, but smart transition to clean, renewable energy; and helping Greg Costello, Executive Director COVER: GOAT ROCKS WILDERNESS, WASHINGTON. PHOTO BY BRETT COLE PHOTOGRAPHY. 1 Wildlands The American West is defined by its natural heritage of wildlife, rivers, forests, and wildlands. The region is blessed with communities of life that make it special. WELC strives to preserve and restore the unique characteristics of the West, including wildlife species and their habitat; free-flowing rivers; and landscapes of quiet and solitude to ensure that the West remains the geography of hope. 2 OUR IMPACT Healthy Forests üüProtectingüNorthwestüforests.üWELC’s unrelenting üüPreservingüold-growthüforests. WELC filed suit advocacy - three successful lawsuits over 12 years – to stop the logging of 155 acres of mature forest in has ensured that the Northwest Forest Plan “survey the headwaters of the McKenzie River in Oregon’s and manage” standard remains intact. This sensible Willamette National Forest. standard requires agencies to survey for rare species before logging or other activities, and to provide a üüEnsuringüresponsibleümotorizedürecreationüinü buffer around the species if found in the area. nationalüforests. In light of the devastating impacts of roads and off-road vehicles, WELC is actively “Survey and manage” has worked exactly as intended – participating in national forest travel management protecting over 22,000 acres of old forests that provide processes - and where important, filing lawsuits - to habitat for “the little things that run the world.” influence which areas are open to motorized recreation. Clean Water & Free Flowing Rivers üüKeepingüIdaho’süRapidüRiverüwild.üThe clear üüProtectingüNewüMexico’sümostüspecialüwaters. Years waters of the Rapid River provide essential habitat of WELC’s hard work resulted in all perennial rivers, for imperiled wild fish, such as Chinook salmon and streams, and wetlands in New Mexico’s wilderness steelhead. WELC protected this habitat by successfully areas receiving the “Outstanding National Resource challenging the Forest Service’s decision to allow Waters” designation - the highest level of protection motor vehicles to cross the stream and intrude into under the Clean Water Act. riparian areas. üüEndingüunregulatedüpesticideüsprayingünearü üüDefendingüNevada’süGreatüBasinüfromücolossalü waterways. In a closely watched case, the U.S. water-grabüscheme. After years of legal wrangling, Supreme Court declined the pesticide industry’s request WELC persuaded the Nevada Supreme Court to block to review WELC’s victory requiring virtually all pumping of massive amounts of water from rural commercial pesticide applications around waterways to Nevada to supply water-hungry Las Vegas. The plan comply with the Clean Water Act. threatened rural communities, and fish and wildlife in Pahranagat National Wildlife Refuge and Great Basin üüConservingüMontana’süwaterüresources. Read on for National Park. a conversation with our client, rancher Polly Rex. HOH RIVER IN OLYMPIC NATIONAL PARK, WASHINGTON. PHOTO BY BRETT COLE PHOTOGRAPHY. 3 Wildlife Those who live in or love the American West are fortunate that the region still provides habitat for wildlife as varied as the grizzly, wolverine, spotted owl, and wild salmon. Historically, the region has struggled with how to live with certain species, and our impact on wildlife and wildlife habitat has been dramatic. Now, with the impending changes due to climate change, it is more important than ever that we provide wildlife the space to roam as they search for new, suitable habitat. WELC focuses its expertise on preserving and restoring indigenous wildlife species and critical habitat movement corridors. 4 OUR IMPACT Iconic Wildlife üüRecoveringütheüMexicanügrayüwolf. In response üüProvidingücriticalühabitatüforüMexicanüSpottedüowl. to WELC’s advocacy, the Fish & Wildlife Service WELC successfully defended a plan designating nearly scrapped the policy that required permanently 9 million acres of critical habitat for the threatened removing a wolf, lethally or through capture, after three Mexican spotted owl, a bellwether species indicating attacks on livestock. This rigid policy removed a wolf the health of old-growth forests in the Southwest. no matter how important its role to the survival and recovery of the dwindling species. üüEnsuringüsurvivalüofüSouthwesternüWillowü flycatcher. WELC forced the rewrite of an insufficient üüProtectingüwolverineühabitatüinüMontana. WELC’s recovery plan for the nearly extinct bird whose ability lawsuit prompted the Forest Service to stop 95 miles to control insects benefits people and plant life. of snowmobile grooming within the West Pioneer Wilderness Study Area to protect wildlife movement üüRestoringüwildüsalmonühabitatüinüOregon’süRogueü corridors and habitat for wolverine, a rare predator that River.üSee page 7, for a conversation with our client in lives only in remote areas of the Rocky Mountains. this case, Bob Hunter of WaterWatch. Wildlife Movement Corridors üüProtectingüwildlifeücrossingsüonüfederalühighways.ü üüWorkingüwithütheüWesternüGovernors’üAssociation.ü In response to WELC’s advocacy, federal agencies WELC is closely collaborating with the WGA to are recommending wildlife-crossing considerations integrate wildlife corridor data into state-based for highway planning, signifying a major advance for transportation planning. wildlife and public safety. Meanwhile, we continue to push for wildlife crossing protections in the federal üüPromotingüwildlifeübridges. WELC is working with Transportation Reauthorization Bill. western states’ transportation agencies to plan for specific high-traffic wildlife crossings infrastructure, üüSafeguardingüwildlifeücrossingsüinüColorado. WELC such as a wildlife bridge near Vail Pass in Colorado that played a key role in passing a state law authorizing will assist wildlife crossing Interstate 70, and another Colorado to create wildlife crossing zones where traffic over Washington’s Snoqualmie Pass (I-90) to benefit speed will be reduced during key movement times. We wolverine, bears, and lynx. are encouraging other states to adopt similar legislation. MEXICAN GRAY WOLVES. PHOTO © ISTOCK / STEVE GEER. 5 Client Profile: Polly Rex, Rancher Horse Creek Water Users, Inc. Working with the Horse Creek Water Users, a group of local ranchers, WELC challenged the State of Montana’s approval of a groundwater drilling application for a new subdivision development that failed to analyze the big picture, or cumulative impacts on existing water permits and activities that also rely on the area’s ground and surface water. WELC won the case, and then brokered a deal to permanently close the loophole that developers were using to avoid such cumulative impacts analysis on a region’s water supply when seeking permission to drill wells for new developments. Explainüyourürelationshipüwithütheüland. WhatüisütheüimpactüofüWELC’süadvocacy? I was born and raised on this ranch. My parents used to talk We think WELC made all the difference in our getting about our obligation to leave this place in at least as good a a permanent controlled groundwater designation for the shape as we found it, which is what I try to do. And I know Horse Creek basin. On a larger scale, WELC’s work on that if I don’t look after the land and water, I

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