UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 16, 2009
ARC ECOLOGY, ET AL., PLAINTIFFS,
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, AND UNITED STATES MARITIME ADMINISTRATION, ET AL., DEFENDANTS.
JOINT STIPULATION AND ORDER AMENDING PLAINTIFFS' FIRST AMENDED COMPLAINT TO WITHDRAW NEPA CLAIMS
Stip. to Amend. Pls.' 1st Amend. Compl. to Withdraw NEPA Claims, Plaintiffs Arc Ecology, San Francisco Baykeeper, and Natural Resources Defense Council, Inc. (collectively "Plaintiffs"), and defendants United States Maritime Administration ("MARAD"), Sean T. Connaughton, in his official capacity as Maritime Administrator, United States Department of Transportation, and Ray H. LaHood, in his official capacity as Secretary of Transportation (collectively "Defendants"), agree to and propose the following joint stipulation and proposed order:
WHEREAS, Claims 1-4 of Plaintiffs' First Amended Complaint (Doc. No. 14) raised certain claims under the National Environmental Policy Act ("NEPA") and the Administrative Procedure Act ("APA") pertaining to the Suisun Bay Reserve Fleet ("SBRF"); and
WHEREAS, on March 28, 2008, the parties filed a stipulation (Doc. No. 26) to stay litigation of Claims 1-4 while Defendants prepared either a final environmental assessment ("EA") and finding of no significant impact ("FONSI") or a record of decision ("ROD") and a final environmental impact statement ("EIS"); and
WHEREAS, on March 28. 2008, this Court approved and entered the parties' stipulation regarding Plaintiffs' NEPA claims (Doc. No. 27); and
WHEREAS, Defendants provided notice of its final EA and FONSI on September 8, 2009;
THEREFORE, pursuant to paragraph 5 of the Joint Stipulation and Order Regarding Plaintiffs' NEPA Claims (Doc. No. 27), and Fed. R. Civ. P. 15(a)(2), Plaintiffs hereby amend their First Amended Complaint to withdraw Claims 1-4.
The foregoing stipulation by the parties is hereby approved and entered as an ORDER of the Court.
It is so ORDERED.
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