Klamath-Siskiyou Wildland Center v. Grantham ( 2020 )

1 Mmeerriieell@ Lc. rDagar.ozregn , OSB No. 113645, pro hac vice 2 Oliver J. H. Stiefel OSB No. 135436, pro hac vice oliver@crag.org 3 Crag Law Center 3141 E Burnside Street 4 Portland, Oregon 97214 Phone: (503) 525-2725 5 Fax: (503) 296-5454 6 Thomas E. Wheeler, CSB No. 304191 tom@wildcalifornia.org 7 Environmental Protection Information Center 145 G St., Ste. A 8 Arcata, California 95521 Phone: (206) 356-8689 9 LOCAL COUNSEL 10 Attorneys for Plaintiffs 11 12 MCGREGOR W. SCOTT United States Attorney 13 JOSEPH B. FRUEH Assistant United States Attorney 14 501 I Street, Suite 10-100 Sacramento, CA 95814 15 E-mail: joseph.frueh@usdoj.gov Telephone: (916) 554-2702 16 Facsimile: (916) 554-2900 17 Attorneys for Defendants 18 19 IN THE UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA 21 KLAMATH-SISKIYOU WILDLANDS Case No. 2:20-cv-00850-TLN-AC CENTER, et al., 22 SECOND STIPULATION AND ORDER TO Plaintiffs, AMEND INITIAL PRETRIAL SCHEDULING 23 ORDER (ECF 8, 13) v. 24 PATRICIA GRANTHAM, in her official 25 capacity as Forest Supervisor of the Klamath National Forest, et al., 26 Defendants. 27 28 1 SECOND STIPULATION AND ORDER 2 IT IS HEREBY STIPULATED, by and among the parties and subject to Court approval, that the 3 Amended Initial Pretrial Scheduling Order (see ECF 8, 13) shall be further amended as follows: 4 1. Plaintiffs Klamath-Siskiyou Wildlands Center, Environmental Protection Information 5 Center, and Klamath Forest Alliance allege that Defendants United States Forest Service, Forest 6 Supervisor Patricia Grantham, and Deputy Regional Forester Barnie Gyant approved and are proceeding 7 with the Crawford Vegetation Management Project (“Crawford Project”) on the Klamath National 8 Forest in violation of the National Forest Management Act, 16 U.S.C. § 1604, and the National 9 Environmental Policy Act, 42 U.S.C. § 4332. Plaintiffs accordingly seek this Court’s review of the 10 administrative record relevant to the Defendants’ actions vis-à-vis the Crawford Project. 5 U.S.C. 11 § 706; Earth Island Inst. v. U.S. Forest Serv., 697 F.3d 1010, 1013 (9th Cir. 2012). 12 2. The parties previously entered into a stipulation to set a schedule for the lodging of the 13 administrative record, Defendants’ Answer to the Complaint, and briefing on cross-motions for 14 summary judgment, which the Court approved on June 9, 2010. See ECF 12, 13. Defendants provided 15 Plaintiffs with a draft of the administrative record on June 15, 2020. 16 3. On June 22, 2020, Plaintiffs sent a letter to Defendants and the United States Fish and 17 Wildlife Service titled, “Notice of Significant New Information and Request for Reinitiation of 18 Consultation (“Notice”), which included several technical enclosures and a “60-day Notice of Intent to 19 Sue for Failure to Reinitiate Consultation” on the Crawford Project. The letter requested that the 20 agencies reinitiate consultation on the Crawford Project under the Endangered Species Act, 16 U.S.C. 21 § 1540(g)(2)(A)(i), and stated that if the agencies failed to do so, Plaintiffs would amend their 22 Complaint in this lawsuit. 23 4. To allow time for Defendants to consider Plaintiffs’ Notice, and to avoid unnecessary 24 expense and waste of judicial resources on claims that may resolve or change in scope in light of 25 Plaintiffs’ Notice and Defendants’ response thereto, the parties request that the Court vacate the current 26 schedule provided at ECF 13. 27 5. Defendants shall have up to and including July 29, 2020, to lodge the administrative 28 record for the claims alleged in the Complaint. 1 6. Defendants shall have up to and including August 14, 2020, to respond to Plaintiffs’ 2 Notice. Plaintiffs shall have up to and including August 28, 2020, to file a First Amended Complaint. 3 7. The parties shall have up to and including August 28, 2020, to file a proposed schedule 4 for the filing of any supplemental administrative record and briefing on cross-motions for summary 5 judgment. Defendants shall have up to and including September 11, 2020, to file their Answer to the 6 operative Complaint or First Amended Complaint. 7 8 Dated: June 29, 2020 CRAG LAW CENTER 9 By: /s/ Meriel L. Darzen (authorized 6/29/2020) MERIEL L. DARZEN 10 Attorneys for Plaintiffs 11 12 Dated: June 29, 2020 MCGREGOR W. SCOTT United States Attorney 13 By: /s/ Joseph B. Frueh 14 JOSEPH B. FRUEH Assistant United States Attorney 15 Attorneys for Defendants 16 17 18 IT IS SO ORDERED. 19 Dated: June 30, 2020 20 21 22 23 24 25 26 27 28