Preliminary Injunction Filed To Prevent Harm To Cliff Swallows Until Highway Agencies Comply With Federal Law

Earlier this week, along with co-counsel from the Animal Legal Defense Fund, we filed a preliminary injunction before Judge Jon Tigar of the U.S. District Court for the Northern District of California seeking to halt bridge construction affecting a sizeable colony of Cliff Swallows, until and unless the agencies comply with their duties under the National Environmental Policy Act (“NEPA”) and Migratory Bird Treaty Act (“MBTA”).  The agencies have never in any NEPA review subject to public participation considered or analyzed the impacts of exclusionary netting and other activities on this swallow colony, which has already resulted in many dozens of killed, injured, and captured swallows and other migratory birds, nor have the agencies obtained authorization for their harmful activities under the MBTA.  The preliminary injunction motion and memorandum can be found here.