Grand Canyon Trust et al v. Williams et al

Filing 246

ORDER - IT IS ORDERED: 1. By May 18, 2020, the parties shall file new copies of the following CDs (public and sealed as necessary) containing portions of the administrative record: a. The three CDs filed on May 10, 2013. Docs. 51 , 67 . b. The CD filed on January 28, 2015. Doc. 154 . c. The CD filed on August 9, 2019. Doc. 215 . 2. The parties are granted leave to file non-electronic documents. 3. The filing party shall include an index and notice of filing for each CD. 4. The Clerk is directed to accept the CDs for filing in non-electronic format. (See document for complete details). Signed by Senior Judge David G Campbell on 5/12/2020. (WLP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Grand Canyon Trust; Center for Biological
Diversity; Sierra Club; and Havasupai Tribe,

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ORDER

Plaintiffs,

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v.

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Heather Provencio, Forest Supervisor,
Kaibab National Forest; and
United States Forest Service,
U.S. Department of Agriculture,

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No. CV-13-8045-PCT-DGC

Defendants,

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and

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Energy Fuels Resources (USA), Inc.; and
EFR Arizona Strip LLC,

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Intervenor-Defendants.

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Before the Court are the parties’ motions for summary judgment on claim four of

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Plaintiffs’ amended complaint. Docs. 226, 233, 234. The Court heard oral argument on

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May 11, 2020, and will issue an order on the motions in the next few weeks.

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While working on the motions, the Court discovered that portions of the

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administrative record filed on compact discs (“CDs”) were missing from the file

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maintained by the Clerk of Court. The Court will require the parties to file new copies of

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the missing CDs by Monday, May 18, 2020. To facilitate the filings, the Court will grant

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the parties leave to file non-electronic documents under Section II.N.2 of this District’s

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Electronic Case Filing Administrative Policies and Procedures Manual. The filing party

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shall include an index and notice of filing for each CD. See § II.N.2.a.

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IT IS ORDERED:

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1.

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(public and sealed as necessary) containing portions of the administrative record:

By May 18, 2020, the parties shall file new copies of the following CDs

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a.

The three CDs filed on May 10, 2013. Docs. 51, 67.1

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b.

The CD filed on January 28, 2015. Doc. 154.2

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c.

The CD filed on August 9, 2019. Doc. 215.3

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2.

The parties are granted leave to file non-electronic documents.

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3.

The filing party shall include an index and notice of filing for each CD.

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4.

The Clerk is directed to accept the CDs for filing in non-electronic format.

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Dated this 12th day of May, 2020.

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The first CD contains the original administrative record filed July 7, 1988, in
Havasupai Tribe v. United States, No. 88-cv-971-PHX-RGS (D. Ariz); the second CD
contains additional documents pertaining to the Canyon Mine that were either not included
in the original record or were produced between July 1988 and April 2013; and the third
CD contains documents from 2013 regarding sensitive tribal religious and cultural
practices and archaeological or heritage sites. See Doc. 51 at 2.
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This CD contains the VER Determination (AR Doc. 525; Bates Nos. 10482-527)
without the confidential stamp. See Doc. 154 at 1.
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This CD supplements the administrative record filed on May 10, 2013 (Doc. 51),
and consists of twelve documents (Appendix C) that have been designated as confidential
business information and are subject to the stipulated protective order the Court entered on
May 7, 2019 (Doc. 209). See Doc. 215 at 1-2.
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