2017 Morrison & Foerster Pro Bono Report

“The relative isolation of Plum Island has created a truly unique nature preserve that supports several threatened species, including rare plants, endangered birds, sea turtles, seals, whales, and dolphins,” says Josh. “Plum Island is one of the last pristine natural environments in the Northeast, and its sale represents a unique opportunity for preservation that otherwise will be lost forever.” A FLAWED PROCESS In July 2016, MoFo filed suit in New York federal court on behalf of the Connecticut Fund for the Environment’s Save the Sound program and six other organizations. The suit targets the U.S. Department of Homeland Security and the U.S. General Services Administration, alleging a host of flaws in the process for assessing the environmental impact of the sale. Plum Island and its surrounding waters and neighboring islands have repeatedly been recognized by government and independent bodies for their ecological value, including designation by the Audubon Society as an Important Bird Area. The federally endangered roseate tern and the federally threatened piping plover use the island’s shores to nest, as do 57 bird species listed as of Greatest Conservation Need in New York, such as the osprey and common eider. Threatened plants and insects also populate the island. The waters around the island are home to five threatened or endangered species of sea turtle, and its rocks host the largest and most frequent foraging activities of grey and harbor seals in southern New England. The suit asks the court to halt any sale of Plum Island and to force the federal government to comply with federal and state environmental laws in completing a thorough and accurate environmental impact study. The goal is outright protection for the island or, at the very least, sale of the undeveloped portion of the island to a conservation organization. “Plum Island is a natural treasure that has been serendipitously conserved for decades. We want to shine a light on the proposed sales process and take every step to ensure the government complies with the law. The environmental impact of other paths is too high,” says Josh. WE WANT TO SHINE A LIGHT ON THE PROPOSED SALES PROCESS AND TAKE EVERY STEP TO ENSURE THE GOVERNMENT COMPLIES WITH THE LAW. JOSH ROY 32 | Morrison & Foerster Pro Bono Report

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