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Western Watersheds Project; Natural Resources Defense Council v. U.S. Forest Service

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


November 9, 2012

WESTERN WATERSHEDS PROJECT; NATURAL RESOURCES DEFENSE COUNCIL; CENTER FOR BIOLOGICAL DIVERSITY; CALIFORNIA TROUT; ENVIRONMENTAL PROTECTION INFORMATION CENTER; KLAMATH SISKIYOU WILDLANDS CENTER; AND SIERRA FOREST LEGACY, PLAINTIFFS,
v.
U.S. FOREST SERVICE,
DEFENDANT.

The opinion of the court was delivered by: Hon. Phyllis J. Hamilton United States District Judge

STIPULATION OF DISMISSAL

Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiffs Western Watersheds Project, et al. and Federal Defendant United States Forest Servicehereby voluntarily dismiss the remaining claims 3 in this action from Plaintiffs' Third Amended Complaint (ECF No. 103). Plaintiffs' Third 4

Amended Complaint challenged ten categorical exclusion ("CE") decisions covering authoriza-5 tion of livestock grazing. Those CE decisions were the following: 6

Klamath National Forest

Little North Fork CE; Shelly Meadows CE; Big Ridge CE; Big Meadows CE; Modoc National Forest

Mount Dome CE; Beaver Dam, East Grizzlie, Timbered Mountain, and Surveyors Valley CE;

Mendocino National Forest

Pine Mountain, York Cabin, Middle Creek and Elk Mountain CE;

Lassen National Forest

Deer Creek and Lyonsville CE; Champs Flat, Gooch Valley, Lower Pine Creek, and

North Eagle Lake CE; Inyo National Forest

Tunawee, Ash Creek, Alabama Hills, and George Creek CE. Subsequently, the Forest Service withdrew the two Modoc and the Inyo CE decisions.

See ECF No. 117, at 1. 20

The parties filed cross-motions for summary judgment as to two CE decisions: the Big

Ridge CE on the Klamath National Forest and the Pine Mountain, York Cabin, Middle Creek 22 and Elk Mountain CE on the Mendocino National Forest (ECF No. 136; ECF No. 147). 23

On March 30, 2012, the Court issued an Order Granting in Part and Denying in Part Motions for Summary Judgment (ECF No. 159). The Court held the conclusions reached by the 25

Forest Service in connection with the Big Ridge CE and Mendocino CE decision memos were 26 arbitrary and capricious in certain respects and failed to take the "hard look" required by NEPA. 27

The Forest Service has subsequently acknowledged that, pursuant to the Court's Summary Judgment Order, the Big Ridge and Mendocino CE Decision Memos are set aside, and has notified Plaintiffs that, as of October 23, 2012, the Big Ridge allotment on the Klamath 2

National Forest and the Pine Mountain, York Cabin, Middle Creek and Elk Mountain allotments 3 on the Mendocino National Forest are currently scheduled for environmental analysis under 4

NEPA during the 2014-2016 review period. 5

Of the remaining CEs challenged in Plaintiffs' Third Amended Complaint, the Forest Service has also notified Plaintiffs that it has withdrawn the Little North Fork, Shelly Meadows, 7 and Big Meadows CE decisions on the Klamath National Forest and the Champs Flat, Gooch 8 Valley, Lower Pine Creek, and North Eagle Lake CE decision on the Lassen National Forest. As 9 of October 23, 2012, these allotments are currently scheduled for environmental analysis under 10

NEPA during the 2014-2016 review period. 11

Plaintiffs hereby dismiss with prejudice their claims against the one outstanding CE

12 decision from their Third Amended Complaint: the Deer Creek and Lyonsville CE from the 13

Lassen National Forest. 14

Pursuant to these actions by Defendant Forest Service and Plaintiffs, all of the remaining

15 claims in Plaintiffs' Third Amended Complaint are resolved. Therefore, Plaintiffs and 16

Defendant Forest Service stipulate under Fed. R. Civ. P. 41(a)(2) that this case may be dismissed 17 with prejudice, in accordance with the accompanying judgment. 18

IT IS SO STIPULATED: 19

FOR PLAINTIFFS Dated: November 8, 2012 /s/Warren A. Braunig JEFFREY R. CHANIN WARREN A. BRAUNIG KEKER & VAN NEST LLP 21 633 Battery St. San Francisco, California 94111 22 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 23 24 Email: wbraunig@kvn.com /s/Lauren M. Rule LAUREN M. RULE ADVOCATES FOR THE WEST P.O. Box 1612 Boise, Idaho 83701 Telephone: (208) 342-7024 3 Facsimile: (208) 342-8286 Email: lru1e@advocateswest.org 4 5 6 FOR FEDERAL DEFENDANT 7 Dated: November 8, 2012 IGNACIA S. MORENO Assistant Attorney General 8 Environment & Natural Resources Division /s/David B. Glazer DAVID B. GLAZER 9 Natural Resources Section Environment & Natural Resources Division 10 United States Department of Justice 301 Howard Street, Suite 1050 11 San Francisco, California 94105 Tel: (415) 744-6491 12 Fax: (415) 744-6476 E-mail: David.Glazer@usdoj.gov 13

[PROPOSED] ORDER

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, the Court hereby 3 approves the Parties' Stipulation of Dismissal.

IT IS SO ORDERED

Dated:

20121109

© 1992-2012 VersusLaw Inc.



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