Friends of Yosemite, et al v. Babbitt, et al

Filing 503

JOINT STIPULATION to Further Modify Settlement Agreement and ORDER, signed by District Judge Anthony W. Ishii on 7/24/13. (Gonzalez, R)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

JULIA A. OLSON (CSB # 192642)
Wild Earth Advocates
2985 Adams St.
Eugene, OR 97405
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
SHARON E. DUGGAN (CSB # 105108)
Law Offices of Sharon E. Duggan
370 Grand Avenue, Suite 5
Oakland, CA 94602
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff Mariposans for the Environment
and Responsible Government
RENÉ P. VOSS (CSB # 255758)
15 Alderney Rd.
San Anselmo, CA 95960
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
LARA R. SHAPIRO (CSB # 227194)
LAW OFFICE OF LARA SHAPIRO
4335 Via Marina # 742
Marina del Rey, CA 90292
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
Attorneys for Plaintiff Friends of Yosemite Valley
CHARLES R. SHOCKEY, D.C. Bar # 914879
Attorney, United States Department of Justice
Environment and Natural Resources Division
Natural Resources Section
501 “I” Street, Suite 9-700
Sacramento, CA 95814-2322
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorney for Defendants S.M.R. Jewell, Secretary of the Interior, et al.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
FRIENDS OF YOSEMITE VALLEY, et al.,)
)
Plaintiffs,
)
)
v.
)
)
S.M.R. JEWELL, in her official
)
capacity as Secretary of the Interior, et al., )
Defendants.
)
____________________________________)
JOINT STIPULATION TO FURTHER MODIFY
SETTLEMENT AGREEMENT AND ORDER [PROPOSED]

Case No. CV-F-00-6191 AWI DLB
JOINT STIPULATION TO FURTHER
MODIFY SETTLEMENT AGREEMENT
AND ORDER

CASE NO. CV-F-00-6191-AW I/DLB
P AGE 1

Plaintiffs, Friends of Yosemite Valley (FOYV) and Mariposans for the Environment and

1
2
3

Responsible Government (MERG), and Defendants, S.M.R. Jewell, Secretary of the Interior, et
al., through their undersigned attorneys, jointly stipulate and move to further modify the
Settlement Agreement that the court approved on October 1, 2009. The parties request that the

4
court approve this stipulation and sign the proposed order included with this stipulation. As
5
6

grounds for the stipulation, the parties state as follows:
1.

On September 29, 2009, the parties filed a Settlement Agreement (ECF Doc. 477) with

7

the court to resolve this litigation over the Merced Wild and Scenic River Plan (MRP) for

8

Yosemite National Park. On October 1, 2009, the court entered an Order Approving the

9

Settlement Agreement. ECF Doc. 479.
2.

In ¶ II.B.1. of the Settlement Agreement, the parties agreed that the National Park Service

10
(NPS) would prepare a new Comprehensive Management Plan (CMP) for the Merced
11

Wild and Scenic River and issue a new Record of Decision (ROD) by December 2012.

12
13

ECF Doc. 477 at 4, ¶ II.B.1.
3.

On April 6, 2011, the parties filed a stipulation and proposed order to modify ¶ II.B.1. of

14

the Settlement Agreement to substitute July 2013 as the date for completion of the new

15

MRP. The court approved that stipulation and issued an order on June 10, 2011, setting
July 2013 as the date for completion of the new MRP. ECF Doc. 498. Since that date,

16
the NPS has been developing the new MRP.
17

4.

On June 12, 2013, following completion of the draft environmental impact statement for

18

the new MRP and the extended public comment period, the defendants’ counsel sent a

19

letter to counsel for both plaintiffs, advising them of the need for a further extension of

20

the deadline in the Settlement Agreement until December 2013 to enable the NPS to

21

respond to the very extensive public comments submitted in response to the draft MRP.

22

5.

On June 13, 2013, plaintiff’s counsel (Julia Olson), representing Mariposans for the
Environment and Responsible Government (MERG), advised the defendants that they

23
24
25

would agree to the requested extension until December 2013.
6.

On June 25, 2013, the plaintiff Friends of Yosemite Valley (FOYV) responded through

JOINT STIPULATION TO FURTHER MODIFY
SETTLEMENT AGREEMENT AND ORDER [PROPOSED]

CASE NO. CV-F-00-6191-AW I/DLB
P AGE 2

1

their new counsel (Lara Shapiro) that FOYV would not agree to the extension as

2

proposed by the defendants, but would agree to a longer twelve-month extension, subject
to certain conditions, including direct negotiations with the NPS regarding the content of

3

the draft MRP and invocation of the formal dispute resolution process with Magistrate
4
Judge Snyder, as prescribed in the Settlement Agreement.
5

7.

On July 2, 2013, defendants’ counsel responded to FOYV, expressing NPS’s willingness

6

to meet and discuss that organization’s concerns, but reiterating the need, in light of the

7

imminent July 2013 deadline, to secure court approval of an extension of time until

8

December 2013 to enable the NPS to complete the new MRP and issue a Record of

9

Decision. On July 5, 2013, FOYV’s counsel replied, stating that FOYV would require
additional time to consider the defendants’ request.

10
8.
11

Following further discussions among counsel, the parties have reached an agreement to
further modify the Settlement Agreement by extending the deadline for the NPS to issue

12

the Record of Decision for the new MRP to December 2013, subject to the understanding

13

stated in paragraph 9, below.

14
15

9.

While plaintiff FOYV objected to the extension as initially proposed by defendants,
FOYV will not oppose the further extension, given that FOYV has notified the NPS and
all other parties of a dispute in accordance with paragraph G.3.a. of the Settlement

16
Agreement. The parties agree to schedule an in-person meeting for direct negotiations
17

between the NPS and the plaintiff groups as soon as possible, preferably by August 12

18

and no later than August 21, 2013, to discuss FOYV’s substantive concerns. To facilitate

19

this process, FOYV, in accordance with paragraph G.3.a. of the Settlement Agreement,

20

will provide the parties with a concise statement of their substantive concerns and a

21

proposed agenda at least three business days prior to that meeting. The defendants agree

22

to consider and respond to these substantive concerns through direct discussions, as
stipulated under paragraph G.3.b. of the Settlement Agreement. The parties will make a

23
24
25

good faith effort to resolve the dispute within a two-week period or within an alternate
time frame agreed upon by the parties. If the parties are unable to resolve the dispute
JOINT STIPULATION TO FURTHER MODIFY
SETTLEMENT AGREEMENT AND ORDER [PROPOSED]

CASE NO. CV-F-00-6191-AW I/DLB
P AGE 3

1

within the agreed upon time frame, each party retains its rights under paragraph G.3.c. of

2

the Settlement Agreement. The parties recognize that, if the dispute resolution process

3

extends beyond August 30, 2013, the NPS will need to further extend the deadline for the
Record of Decision, due to the length of time required to prepare and review the interim

4
work products and obtain final printed copies of the FEIS and ROD.
5

The parties request that the court approve this stipulation and sign the attached proposed order to

6

reflect the changes to the Settlement Agreement by extending the deadline for completion of the

7

ROD for the new MRP to December 2013.

8
9

Respectfully submitted this 24th day of July, 2013.
/s/ Julia A. Olson

12

JULIA A. OLSON (CSB # 192642)
Wild Earth Advocates
2985 Adams St.
Eugene, OR 97405
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

13

/s/ Sharon E. Duggan

14

SHARON E. DUGGAN (CSB # 105108)
Law Offices of Sharon E. Duggan
370 Grand Avenue, Suite 5
Oakland, CA 94602
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

10
11

15
16
17

Attorneys for Plaintiff Mariposans for the Environment and Responsible Government

18

/s/ René P. Voss

19

RENÉ P. VOSS (CSB # 255758)
15 Alderney Rd.
San Anselmo, CA 95960
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

20
21
22
23
24
25

JOINT STIPULATION TO FURTHER MODIFY
SETTLEMENT AGREEMENT AND ORDER [PROPOSED]

CASE NO. CV-F-00-6191-AW I/DLB
P AGE 4

1

/s/ Lara R. Shapiro

2

LARA R. SHAPIRO (CSB # 227194)
LAW OFFICE OF LARA SHAPIRO
4335 Via Marina # 742
Marina del Rey, CA 90292
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]

3
4
5

Attorneys for Plaintiff Friends of Yosemite Valley

6
/s/ Charles R. Shockey
7

11

CHARLES R. SHOCKEY (D.C. Bar # 914879)
Attorney, United States Department of Justice
Environment and Natural Resources Division
Natural Resources Section
501 “I” Street, Suite 9-700
Sacramento, CA 95814-2322
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

12

Attorney for Defendants S.M.R. Jewell, et al.

8
9
10

13
14

ORDER

15
The Court, having reviewed the parties’ Joint Stipulation, finds that good cause exists to
16
approve the stipulation and further modify the Settlement Agreement as set forth herein. The
17
18

deadline for the defendants to issue the Record of Decision for the new Merced Wild and Scenic
River Plan is December 2013.

19
20

IT IS SO ORDERED.

21

Dated:
0m8i78

22

July 24, 2013
SENIOR DISTRICT JUDGE

23
24
25

JOINT STIPULATION TO FURTHER MODIFY
SETTLEMENT AGREEMENT AND ORDER [PROPOSED]

CASE NO. CV-F-00-6191-AW I/DLB
P AGE 5