900 F. Supp. 2d 1
D.D.C.2012Background
- CF Safety and two other plaintiffs challenge FWS's approval of farming GM corn and soybeans on Southeast Region refuge lands under NEPA and the Refuge Act.
- FWS allowed farming on about 44,000 refuge acres, with a six-page FONSI based on 89 NEPA analyses; GM crops were mostly Roundup Ready varieties.
- FWS did not prepare a new compatibility determination addressing GM crops; plaintiffs allege ongoing environmental harms from the practice.
- FWS and Interior agreed to halt such farming in 2013 pending NEPA analyses and a Compatibility Determination.
- Plaintiffs moved for summary judgment; defendants moved to dismiss as moot; court held claim not moot and granted summary judgment with a remedy hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot due to voluntary cessation | Plaintiffs allege ongoing harm and that relief can still be granted. | Defendants contend cessation after 2012 moots the case. | Not moot; ongoing effects and relief possible. |
| Whether the Refuge Act requires a Compatibility Determination before GM-crop farming | Defendants violated the Refuge Act by not issuing a compatibility determination. | No timely issue because litigation concerns ongoing practices; merits conceded by defendants. | Plaintiffs' Refuge Act claim is viable and merits summary judgment. |
| Whether NEPA was violated by the FONSI and reliance on prior NEPA analyses | FONSI approving GM crops failed to adequately analyze environmental impacts. | FONSI based on existing NEPA analyses; adequate for decision. | NEPA claims viable; summary judgment granted pending remedy proceedings. |
| Whether the court should defer or refrain from granting relief because the case is moot | Court could fashion relief mitigating ongoing effects. | Mootness precludes relief. | Court may grant effective relief and hold remedy hearing; not moot. |
Key Cases Cited
- Lemon v. Geren, 514 F.3d 1312 (D.C. Cir. 2008) (live controversy; relief possible despite post-action events)
- Airport Neighbors Alliance, Inc. v. United States, 90 F.3d 426 (10th Cir. 1996) (mootness not guaranteed by completion; possible injunctions)
- Gordon v. United States, 849 F.2d 1241 (9th Cir. 1988) (remedial options can mitigate past harms maintaining live dispute)
- Pyramid Lake Paiute Tribe v. Hodel, 882 F.2d 364 (9th Cir. 1989) (remedies may address ongoing impacts even after initial action)
- City of Erie v. Pap's A.M., 529 U.S. 277 (2000) (standing that 'any effectual relief' keeps case alive)
- Public Citizen v. National Highway Traffic Safety Administration, 848 F.2d 256 (D.C. Cir. 1988) (availability of remedial measures can save a case from mootness)