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

Filing 505

Joint STIPULATION and ORDER to further modify settlement agreement, signed by District Judge Anthony W. Ishii on 12/24/2013. (Kusamura, W)

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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
ROBERT G. DREHER
Acting Assistant Attorney General
U.S. Department of Justice
Environment and Natural Resources Division
DAVID NEGRI (Idaho Bar # 6697)
United State Department of Justice
Environment and Natural Resources Division
c/o U.S Attorney’s Office – District of Idaho
800 Park Blvd., Suite # 600
Boise, ID 83712
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys 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., ) Case No.: CV-F-00-6191 AWI DLB
)
Plaintiffs,
) JOINT STIPULATION TO FURTHER
) MODIFY SETTLEMENT AGREEMENT
vs.
) AND ORDER
)
)
S.M.R JEWELL, in her official capacity as
)
Secretary of the Interior, et al.,
)
Defendants.
)

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JOINT STIPULATION TO FURTHER MODIFY SETTLEMENT AGREEMENT AND ORDER - 1

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Plaintiffs, Friends of Yosemite Valley (FOYV) and Mariposans for the Environment and
Responsible Government (MERG), and Defendants, S.M.R. Jewell, Secretary of the Interior, et

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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

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

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grounds for the stipulation, the parties state as follows:

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1.

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

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

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

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Settlement Agreement. ECF Doc. 479.

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2.

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

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(“NPS”) would prepare a new Comprehensive Management Plan (“CMP”) for the
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Merced Wild and Scenic River and issue a new Record of Decision (“ROD”) by

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December, 2012. ECF Doc. 477 at 4, ¶ II.B.1.

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3.

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On April 6, 2011, the parties filed a stipulation and proposed order to modify ¶ II.B.1. of
the Settlement Agreement to substitute July, 2013, as the date for completion of the new

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MRP. The court approved that stipulation and issued an order on June 10, 2011, setting

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July, 2013, as the date for completion of the new MRP. ECF Doc. 498. Since that date,

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the NPS has been developing the new MRP.

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4.

On July 24, 2013, the parties filed a stipulation and proposed order to further modify ¶

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II.B.1. of the Settlement Agreement to substitute December, 2013, as the date for
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completion of the new MRP. The court approved that stipulation and issued an order on

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JOINT STIPULATION TO FURTHER MODIFY SETTLEMENT AGREEMENT AND ORDER - 2

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July 24, 2013, setting December, 2013, as the date for completion of the new MRP. ECF

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Doc. 503. Since that date, the NPS has continued work on development of the new MRP.

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5.

As explained in the previous Stipulation, NPS has been attempting to respond to
extensive public comments submitted in response to the draft MRP, including FOYV’s

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notification pursuant to paragraph G.3.a. of the Settlement Agreement of a dispute. See

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ECF Doc. 503 ¶¶ 4-9. This process has included in-person meetings among the parties

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on August 20, 2013, and September 11, 2013, and exchange of several position papers to

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discuss FOYV’s concerns with the draft MRP.

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6.

This dispute resolution process has just recently concluded. As noted in the previous
Stipulation, the parties anticipated that if the dispute resolution process extended beyond
August 30, 2013, the NPS would need to further extend the deadline for the Record of

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Decision, due to the length of time required to prepare and review the interim work
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products and obtain final printed copies of the FEIS and ROD. The government
shutdown in October, 2013, also delayed the production schedule for the MRP.
The parties therefore request that the Court approve this stipulation and sign the attached
proposed order to reflect the changes to the Settlement Agreement by extending the deadline for

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completion of the ROD for the new MRP to March 31, 2014.
Respectfully submitted this 23rd day of December, 2013.

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/s/ Julia A. Olson (as authorized on December 23, 2013)
JULIA A. OLSON (CSB # 192642)
Wild Earth Advocates
2985 Adams St.
Eugene, OR 97405
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

JOINT STIPULATION TO FURTHER MODIFY SETTLEMENT AGREEMENT AND ORDER - 3

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/s/ Sharon E. Duggan (as authorized on December 13, 2013)
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]

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Attorneys for Plaintiff Mariposans for the Environment and Responsible Government
/s/ René P. Voss (as authorized on December 17, 2013)
RENÉ P. VOSS (CSB # 255758)
15 Alderney Rd.
San Anselmo, CA 95960
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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/s/ Lara R. Shapiro (as authorized on December 17, 2013)
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]

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Attorneys for Plaintiff Friends of Yosemite Valley

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ROBERT G. DREHER
Acting Assistant Attorney General
/s/ David L. Negri
DAVID L. NEGRI (Idaho Bar #6697)
United State Department of Justice
Environment and Natural Resources Division
c/o U.S Attorney’s Office – District of Idaho
800 Park Blvd., Suite # 600
Boise, ID 83712
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendants S.M.R. Jewell, et al.

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JOINT STIPULATION TO FURTHER MODIFY SETTLEMENT AGREEMENT AND ORDER - 4

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ORDER
The Court, having reviewed the parties’ Joint Stipulation, finds that good cause exists to

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approve the stipulation and further modify the Settlement Agreement as set forth herein. The
deadline for the defendants to issue the Record of Decision for the new Merced Wild and Scenic
River Plan is March 31, 2014.

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IT IS SO ORDERED.

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Dated: December 24, 2013
SENIOR DISTRICT JUDGE

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JOINT STIPULATION TO FURTHER MODIFY SETTLEMENT AGREEMENT AND ORDER - 5