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Conservation Congress v. United States Forest Service

United States District Court, Ninth Circuit

July 8, 2013

CONSERVATION CONGRESS and the CITIZENS FOR BETTER FORESTRY, Plaintiffs,
v.
UNITED STATES FOREST SERVICE, and the UNITED STATES FISH AND WILDLIFE SERVICE, Defendants.

ROBERT G. DREHER, Acting Assistant Attorney General, SETH M. BARSKY, Chief S. JAY GOVINDAN, Assistant Chief, RICKEY D. TURNER, CO Bar No. 38353, Trial Attorney, U.S. Department of Justice, Environment and Natural Resources Division, Denver, CO, BARCLAY T. SAMFORD, NM Bar No. 12323, Senior Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Div. Denver, CO, Attorneys for Federal Defendants

MARIANNE DUGAN, Eugene, OR, JAMES J. TUTCHTON (CA Bar No. 150908), Tutchton Law Office, LLC, Centennial, CO, Attorneys for Plaintiffs.

STIPULATION TO STAY CASE AND PROPOSED ORDER

LAWRENCE K. KARLTON, District Judge.

This stipulation to stay the litigation is entered into by Plaintiffs Conservation Congress and the Citizens For Better Forestry and Federal Defendants the United States Forest Service ("USFS") and the United States Fish and Wildlife Service ("FWS"). By and through counsel, the parties state as follows:

WHEREAS on May 12, 2013, Plaintiff filed the complaint initiating this litigation, alleging violations of the Endangered Species Act ("ESA"), the National Environmental Policy Act ("NEPA"), and the National Forest Management Act ("NFMA") in connection with the Pettijohn Late Successional Reserve Habitat Improvement and Fuels Reduction Project ("Pettijohn Project") located in the Shasta-Trinity National Forest;

WHEREAS on June 27, 2013, the USFS requested additional consultation with the FWS on the Pettijohn Project pursuant to Section 7 of the ESA;

WHEREAS USFS will not proceed with the Pettijohn Project or undertake any ground-disturbing activates related to the project until the reinitiated Section 7 Consultation is complete.

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

1. Upon entry of the Court's Order approving this Stipulation, the instant litigation will be stayed to allow for the USFS and FWS to complete the reinitiated ESA Section 7 consultation process and any attendant administrative processes otherwise required by law.
2. Within 7 business days of its issuance, Federal Defendants will provide counsel for Plaintiff with an electronic copy of the new Biological Opinion.
3. The parties shall confer and within 30 days of the transmittal referenced in Paragraph 2 the parties shall file a joint status report with this Court advising it of the parties' proposals for whether, and how, the litigation should proceed.

IT IS SO ORDERED.


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