Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Center for Biological Diversity v. Locke

October 13, 2009

THE CENTER FOR BIOLOGICAL DIVERSITY, ET AL., PLAINTIFFS,
v.
GARY LOCKE, ET AL., DEFENDANTS.



STIPULATED SETTLEMENT AGREEMENT AND [PROPOSED] ORDER OF DISMISSAL

Plaintiffs the Center for Biological Diversity, Oceana, Inc., and Turtle Island Restoration Network (collectively "Plaintiffs"), and Defendants Gary Locke, in his official capacity as Secretary of Commerce, National Marine Fisheries Service ("NMFS"), Ken Salazar, in his official capacity as Secretary of the Interior, and United States Fish and Wildlife Service ("FWS") (collectively "Defendants" or the "Services"), by and through their undersigned counsel, state as follows:

WHEREAS, on July 12, 2007, the Services received a petition seeking recognition of the North Pacific loggerhead sea turtle (Caretta caretta) population as a distinct population segment ("DPS") and a change in its listing status from threatened to endangered;

WHEREAS, on November 16, 2007, the Services made a 90-day finding, pursuant to 16 U.S.C. § 1533(b)(3)(A), that the petition presented substantial scientific information indicating that the petitioned action may be warranted, 72 Fed. Reg. 64,585 (Nov. 16, 2007);

WHEREAS, on September 26, 2007, NMFS received a petition to revise the critical habitat designation for the leatherback sea turtle (Dermochelys coriacea) to include waters in the Pacific Ocean off the northern California and Oregon coasts;

WHEREAS, on December 28, 2007, NMFS made a 90-day finding, pursuant to 16 U.S.C. § 1533(b)(3)(D)(i), that the petition presented substantial scientific information indicating that the revision may be warranted, 72 Fed. Reg. 73,746 (Dec. 28, 2007);

WHEREAS, on November 15, 2007, the Services received a petition seeking recognition of the Western North Atlantic loggerhead sea turtle population as a DPS and a change in its listing status from threatened to endangered;

WHEREAS, on March 5, 2008, the Services made a 90-day finding, pursuant to 16 U.S.C. § 1533(b)(3)(A), that the petition presented substantial scientific information indicating that the petitioned action may be warranted, 73 Fed. Reg. 11,849 (Mar. 5, 2008);

WHEREAS, on March 12, 2009, Plaintiffs sent a 60-day Notice of Intent to Sue letter to Defendants regarding their alleged failure to make 12-month findings on all three petitions;

WHEREAS, on May 28, 2009, Plaintiffs filed a Complaint for Declaratory and Injunctive Relief pursuant to section 11 of the Endangered Species Act ("ESA"), 16 U.S.C. § 1540, seeking to compel the Services to complete the 12-month findings;

WHEREAS, Plaintiffs and Defendants, through their authorized representatives and without any admission or final adjudication of the issues of fact or law with respect to Plaintiffs' claims, have reached a settlement that they consider to be a just, fair, adequate, and equitable resolution of the disputes set forth in Plaintiffs' Complaint;

WHEREAS, Plaintiffs and Defendants agree that settlement of this action in this manner is in the public interest and is an appropriate way to resolve the dispute between them;

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

1. NMFS shall submit to the Federal Register a 12-month finding, pursuant to 16 U.S.C. § 1533(b)(3)(D)(ii), as to how it intends to proceed with the requested revision of critical habitat for the leatherback sea turtle, on or before December 4, 2009.

2. The Services shall submit to the Federal Register a 12-month finding, pursuant to 16 U.S.C. ยง 1533(b)(3)(B), regarding the requested recognition of the North Pacific and Western North Atlantic loggerhead populations as DPSs and, if appropriate, as to whether the status of the DPSs ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.