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Center for Biological Diversity v. Salazar

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 23, 2009

CENTER FOR BIOLOGICAL DIVERSITY, SAGEBRUSH SEA CAMPAIGN, WESTERN WATERSHEDS PROJECT, AND DESERT SURVIVORS, PLAINTIFFS,
v.
UNITED STATES FISH AND WILDLIFE SERVICE AND KENNETH SALAZAR, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE INTERIOR, DEFENDANTS.

JOINT STIPULATION TO MODIFY THE CONSENT DECREE AND EXTEND THE SCHEDULE FOR SUBMISSION OF THE MONO BASIN SAGE-GROUSE 12-MONTH FINDING

Plaintiffs, the Center for Biological Diversity, Sagebrush Sea Campaign, Western Watersheds Project, and Desert Survivors, and Defendants,*fn1 the U.S. Fish and Wildlife Service and Kenneth Salazar, Secretary of the Interior (collectively, the "Service"), by and through their undersigned counsel, state as follows:

WHEREAS, on February 25, 2008, the Court entered a Consent Decree wherein the Service agreed to undertake a voluntary remand of its December 19, 2006 petition finding (90-day finding) on the Mono Basin sage-grouse. The Service agreed to reissue a Mono Basin 90-day finding by April 25, 2008. The Service further agreed that if the new 90-day finding found that the petition presented substantial scientific information that listing the Mono Basin sage-grouse may be warranted, then the Service would be required to undertake a status review pursuant to the Endangered Species Act § 4(b)(3) and submit for publication to the Federal Register a 12-month finding on April 24, 2009.

WHEREAS, on April 29, 2008, the Service issued a new 90-day finding for the Mono Basin sage-grouse and found that the petition presented substantial scientific information that listing the Mono Basin sage-grouse may be warranted. The Service initiated a status review. 73 Fed. Reg. 23173 (April 29, 2008).

WHEREAS, the Service now requires additional time to complete the Mono Basin sage-grouse 12-month finding.

WHEREAS, the parties have conferred regarding a reasonable extension of the April 24, 2009 deadline for the 12-month finding.

WHEREAS, at this time, the parties have agreed to extend the deadline for the Mono Basin 12-finding from April 24, 2009 to May 26, 2009 so that the parties may continue to negotiate additional time for the Service to submit the Mono Basin 12-month finding to the Federal Register.

NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. If the parties do not agree to a later alternative date, the Service will submit a 12-month finding for the Mono Basin sage-grouse to the Federal Register for publication no later than May 26, 2009.

2. The remaining terms of the February 25, 2008 consent decree shall otherwise remain in full force and effect.

Respectfully submitted this 23rd day of April 2009,

JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief LISA L. RUSSELL, Assistant Section Chief RICKEY DOYLE TURNER JR. U.S. Department of Justice Environment & Natural Resources Division Wildlife and Marine Resources Section P.O. Box. 7369 Washington, D.C. 20044-7369 (202) 305-0229 Attorneys for Defendants

Lisa T. Belenky (CA Bar No. 203225) CENTER FOR BIOLOGICAL DIVERSITY 351 California St., Suite 600 San Francisco, CA 94104 Telephone: (415) 436-9682 x 307 Facsimile: (415) 436-9683 Attorneys for Plaintiffs

IT IS SO ORDERED that:

1. If the parties do not agree to a later alternative date, the Service will submit a 12-month finding for the Mono Basin sage-grouse to the Federal Register for publication no later than May 26, 2009.

2. The remaining terms of the original February 25, 2008 consent decree shall otherwise remain in full force and effect.


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