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Friends of Yosemite Valley, et al v. Ken Salazar

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


June 10, 2011

FRIENDS OF YOSEMITE VALLEY, ET AL., PLAINTIFFS,
v.
KEN SALAZAR, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE INTERIOR, ET AL., DEFENDANTS.

JULIA A. OLSON (CSB # 192642) Wild Earth Advocates 2985 Adams St. Eugene, OR 97405 Telephone: (541) 344-7066 Facsimile: (541) 344-7061 Email: jaoearth@aol.com SHARON E. DUGGAN (CSB # 105108) Law Offices of Sharon E. Duggan 370 Grand Avenue, Suite 5 Oakland, CA 94602 Telephone: (510) 647-1904 Facsimile: (510) 647-1905 Email: foxsduggan@aol.com Attorneys for Plaintiff Mariposans for the Environment and Responsible Government LARA R. SHAPIRO (CSB # 227194) LAW OFFICE OF LARA SHAPIRO 4145 Via Marina # 324 Marina del Rey, CA 90292 Telephone: (310) 577-0870 Facsimile: (415) 228-5351 E-mail: Shapiro.lara@gmail.com Attorney for Plaintiff Friends of Yosemite Valley CHARLES R. SHOCKEY, Attorney D.C. Bar # 914879 United States Department of Justice Environment and Natural Resources Division Natural Resources Section 501 "I" Street, Suite 9-700 Sacramento, CA 95814-2322 Telephone: (916) 930-2203 Facsimile: (916) 930-2210 Email: charles.shockey@usdoj.gov Attorney for Defendants

JOINT STIPULATION TO MODIFY SETTLEMENT AGREEMENT

Plaintiffs, Friends of Yosemite Valley (FOYV) and Mariposans for the Environment and Responsible Government (MERG), andDefendants, Ken Salazar, Secretary of the Interior, et al., through their undersigned attorneys, jointly stipulate and move to modify the Settlement Agreement that the court approved on October 1, 2009. The parties request that the court approve this stipulation and sign the proposed order included with this stipulation. As grounds for the stipulation, the parties state as follows:

1. On September 29, 2009, the parties filed a Settlement Agreement (Doc. 477) with the court to resolve this litigation over the Merced Wild and Scenic River Plan (MRP) for Yosemite National Park. On October 1, 2009, the court entered an Order Approving the Settlement Agreement. Doc. 479.

2. In ¶ II.B.1. of the Settlement Agreement, the parties agreed that the National Park Service (NPS) would prepare a new Comprehensive Management Plan (CMP) for the Merced Wild and Scenic River and issue a new Record of Decision (ROD) by December 2012. Doc. 477 at 4, ¶ II.B.1. The Settlement Agreement also listed several non-binding interim target dates to guide the NPS in developing a new environmental impact statement (EIS).

3. On March 7, 2011, representatives of the plaintiffs met with the Superintendent of Yosemite National Park to discuss the process for developing and completing the new MRP. The parties agreed that the deadline for completing the ROD should be extended from December 2012 to July 2013. The reasons for the extension are that (1) the NPS had several internal personnel changes among key planning team members, (2) the NPS changed contractors for the new plan and EIS, (3) the NPS adjusted the scoping process for the EIS, partly in response to plaintiffs' requests, and (4) the NPS needs extra time to prepare the draft EIS alternatives workbook that it intends to circulate for public review.

4. The parties, therefore, propose to modify ¶ II.B.1. of the Settlement Agreement to substitute the following dates for completion of the new MRP, along with changes in the non-binding interim guidelines:

a. Release Public Scoping Report - January 2011;

b. Publish and release Draft CMP and EIS - August 2012;

c. Publish and release Final CMP and EIS - May 2013; and

d. Issue Record of Decision - July 2013.

5. The parties also propose to modify ¶ II.H.12 of the Settlement Agreement to reflect a change in the NPS primary contact person. The NPS contact designated in the Settlement Agreement, Mark Butler, has left Yosemite National Park to serve as Superintendent of Joshua Tree National Park. The new Superintendent of Yosemite National Park, Don Neubacher, is hereby designated as the NPS primary contact person for purposes of the Settlement Agreement, with Kathleen S. Morse, Planning Division Chief, Yosemite National Park, designated as the NPS alternate contact person.

6. Finally, the parties propose to modify ¶ II.H.13 of the Settlement Agreement to add Greg Adair as the contact for the plaintiff FOYV. Julia Olson and Sharon Duggan remain the contacts for plaintiff MERG.

The parties request that the court approve this stipulation and sign that proposed order to reflect the changes to the Settlement Agreement set forth in ¶¶ 4-6 above.

ORDER

The Court, having reviewed the parties' Joint Stipulation, finds that good cause exists to approve the stipulation and modify the Settlement Agreement as set forth herein.

IT IS SO ORDERED.

0m8i78

CHIEF UNITED STATES DISTRICT JUDGE

20110610

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