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Conservation Congress v. United States Forest Service

United States District Court, Ninth Circuit

May 31, 2013

CONSERVATION CONGRESS, Plaintiff,
v.
UNITED STATES FOREST SERVICE, and UNITED STATES FISH AND WILDLIFE SERVICE, Defendants.

Marianne Dugan, Eugene, OR, James J. Tutchton (CA Bar No. 150908) Tutchton Law Office, Centennial, CO, for Plaintiff.

BENJAMIN B. WAGNER, United States Attorney, DAVID SHELLEDY, Civil Division Chief Eastern District of California United States Attorney's Office, Sacramento, CA,

IGNACIA S. MORENO, Assistant Attorney General Environment and Natural Resources Division,

Alison D. Garner, DC Bar No. 983858 Trial Attorney, U.S. Department of Justice Natural Resources Section Environment & Natural Resources Division, Washington, D.C.,

Andrea Gelatt, CA Bar # 262617 Trial Attorney U.S. Department of Justice Wildlife & Marine Resources Section, Washington, D.C.,

Stuart Gillespie, CO Bar No. 42861 Trial Attorney, Natural Resources Section, Washington, D.C., for Defendants.

STIPULATION AND [PROPOSED ORDER] REGARDING PRELIMINARY INJUNCTIVE MOTIONS REGARDING THE TATHAM PROJECT

WILLIAM B. SHUBB, District Judge.

WHEREAS, Federal Defendants recently advised the parties and the Court that operations may start as soon as June on the Tatham Project (Project), see Notice, ECF No. 45 (May 6, 2013);

WHEREAS, Federal Defendants have become aware that the operator for the Project has now revised its plans, it no longer plans to start operations on the Project before the end of the July 10th limited operating period, and it is now likely that the start date will be after the Limited Operating Period for the Northern Spotted Owls ends (on September 15th) for the Project;

WHEREAS, the operator will provide notice to Federal Defendants a minimum of six weeks before it begins operations on the Project ("six-week notice");

WHEREAS, Federal Defendants will apprise Plaintiff and the Court within two business days after Federal Defendants receive the operator's notice of operations;

WHEREAS, in pursuit of the efficient administration of justice and to avoid unnecessary preliminary injunctive proceedings;

Now, therefore, the parties stipulate as follows:

1. If Plaintiff wishes to pursue a motion for preliminary injunctive relief, it shall wait to file such motion and accompanying brief until it has received the six-week notice. Plaintiff will then file its brief within 7 days of the six-week notice and shall notice its motion per the Court's standing order, if the case has not yet been resolved on the merits at the district court;
2. Federal Defendants shall have 14 days after the filing of the motion to file any opposition;
3. Plaintiff shall have 7 days after the opposition to file a Reply.

ORDER

Finding good cause the Court GRANTS the parties' stipulated request.

IT IS SO ORDERED.


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