Stewart & Jasper Orchards et al v. United States Fish and Wildlife Service et al

Filing 29

SECOND JOINT STIPULATION and ORDER Amending Schedule for Transmittal of Draft Smelt Biological Opinion, signed by District Judge Lawrence J. O'Neill on 11/1/11. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 THE DELTA SMELT CASES SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, et al. v. SALAZAR, et al. (Case No. 1:09-cv-407) STATE WATER CONTRACTORS v. SALAZAR, et al. (Case No. 1:09-cv-422) COALITION FOR A SUSTAINABLE DELTA, et al. v. UNITED STATES FISH AND WILDLIFE SERVICE, et al. (Case No. 1:09-cv-480) METROPOLITAN WATER DISTRICT v. UNITED STATES FISH & WILDLIFE SERVICE, et al. (Case No. 1:09-cv-631) STEWART & JASPER ORCHARDS, et al. v. UNITED STATES FISH AND WILDLIFE SERVICE, et al. (Case No. 1:09-cv-892) CASE NO. 1:09-cv-407-LJO-DLB 1:09-cv-422-LJO-DLB 1:09-cv-631-LJO-DLB 1:09-cv-892-LJO-GSA PARTIALLY CONSOLIDATED WITH: 1:09-cv-480-LJO-GSA 1:09-cv-1201-LJO-DLB SECOND JOINT STIPULATION AND ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOLOGICAL OPINION Judge: Honorable Lawrence J. O'Neill FAMILY FARM ALLIANCE v. SALAZAR, et al. (Case No. 09-cv-1201) 24 25 26 27 28 -1SECOND JOINT STIPULATION AND ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP 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 26 27 RECITALS 1. On May 19, 2011, this Court entered its Amended Judgment in these Delta Smelt Consolidated Cases requiring the United States Fish and Wildlife Service ("FWS") to "transmit to [the Bureau of] Reclamation by October 1, 2011 a draft delta smelt Biological Opinion consistent with the requirements of law." (Amended Judgment, Doc. 884 at 3:18-19.) 2. On September 30, 2011, this Court vacated the October 1, 2011 deadline in the Amended Judgment (Doc. 884) for transmittal of the draft delta smelt Biological Opinion (“draft BiOp”). (Doc. 1061.) The Court ordered instead that by October 31, 2011 the parties file a written report stating whether the parties have jointly agreed upon a revised completion date for the draft BiOp. The Court further ordered that failing such agreement, the draft BiOp was to be transmitted by November 11, 2011. 3. Since the Court's order, a number of the parties have engaged in discussions regarding a restructuring of the consultation process and a new deadline for the draft BiOp, but have not yet reached agreement. However, these parties would like to continue these discussions, and agree they need more time beyond October 31, 2011 to complete discussions and potentially reach agreement. Good cause exists for the granting of the below requested schedule change for transmittal of the draft BiOp, and the parties respectfully request that the dates set by this Court be modified as shown below. STIPULATION Plaintiffs San Luis & Delta-Mendota Water Authority, Westlands Water District, State Water Contractors, Metropolitan Water District of Southern California, Coalition for a Sustainable Delta, Kern County Water Agency, Stewart & Jasper Orchards, Arroyo Farms, LLC, King Pistachio Grove, and Family Farm Alliance ("Plaintiffs"), Plaintiff-Intervenor California Department of Water Resources ("DWR"), Federal Defendants, and Defendant-Intervenors Natural Resources Defense Council and The Bay Institute by and through their respective counsel, hereby stipulate and agree as follows: 28 -2SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP 1 2 3 4 5 6 7 8 1. The October 31, 2011 and November 11, 2011 deadlines in the Court's previous order (Doc. 1061) should be hereby vacated to allow time for further discussions between now and December 2, 2011. 2. By December 2, 2011, the parties shall file with the Court a written report, preferably a joint report, stating whether the parties have jointly agreed to a remand schedule. . 3. If there is not agreement among all parties, then the draft BiOp shall be transmitted no later than December 14, 2011. 9 10 11 SO STIPULATED. 12 13 Dated: October 31, 2011 14 15 16 H. CRAIG MANSON Westlands Water District DIEPENBROCK ELKIN, LLP KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD A Professional Corporation 17 18 By 19 20 21 /s/ Daniel J. O'Hanlon DANIEL J. O’HANLON EILEEN M. DIEPENBROCK Attorneys for Plaintiffs SAN LUIS & DELTA-MENDOTA WATER AUTHORITY and WESTLANDS WATER DISTRICT 22 23 Dated: October 31, 2011 BROWNSTEIN HYATT FARBER SCHRECK LLP 24 25 26 27 By: /s/ Steve O. Sims STEVE O. SIMS MICHELLE C. KALES Attorneys for Plaintiff WESTLANDS WATER DISTRICT 28 -3SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP 1 2 Dated: October 31, 2011 BEST BEST & KRIEGER LLP 3 4 By: 5 6 7 8 Dated: October 31, 2011 lsl Steven M. Anderson GREGORY K. WILKINSON STEVEN M. ANDERSON PAETER E. GARCIA MELISSA R. CUSHMAN Attorneys for Plaintiff STATE WATER CONTRACTORS NOSSAMAN LLP 9 10 By: 11 12 13 lsl Paul S. Weiland _______ ROBERT D. THORNTON PAUL S. WEILAND AUDREY HUANG Attorneys for Plaintiffs COALITION FOR A SUSTAINABLE DELTA and KERN COUNTY WATER AGENCY 14 15 Dated: October 31, 2011 MORRISON & FOERSTER LLP 16 17 18 19 20 By: _/s/ William M. Sloan_____________________ CHRISTOPHER J. CARR WILLIAM M. SLOAN Attorneys for Plaintiff THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 21 22 23 24 25 26 27 28 -4SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP 1 Dated: October 31, 2011 PACIFIC LEGAL FOUNDATION 2 3 By: _/s/ Brandon M. Middleton________________ M. REED HOPPER DAMIEN M. SCHIFF BRANDON M. MIDDLETON Attorneys for Plaintiffs STEWART & JASPER ORCHARDS; ARROYO FARMS, LLC; and KING PISTACHIO GROVE 4 5 6 7 8 9 Dated: October 31, 2011 THE BRENDA DAVIS LAW GROUP 10 11 By: _/s/ Brenda W. Davis_____________________ BRENDA W. DAVIS LESLIE R. WAGLEY Attorneys For Plaintiff FAMILY FARM ALLIANCE 12 13 14 Dated: October 31, 2011 KAMALA D. HARRIS, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA 15 16 17 18 19 20 By: _/s/ Clifford T. Lee______________________ CLIFFORD T. LEE CECILIA L. DENNIS MICHAEL M. EDSON ALLISON GOLDSMITH Deputies Attorney General Attorneys for Plaintiff-In-Intervention CALIFORNIA DEPARTMENT OF WATER RESOURCES 21 22 23 24 25 26 27 28 -5SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP 1 Dated: October 31, 2011 2 3 IGNACIA S. MORENO, ASSISTANT ATTORNEY GENERAL United States Department of Justice, Environmental & Natural Resources Division SETH M. BARSKY, CHIEF 4 By: _/s/ S. Jay Govindan_____________________ S. JAY GOVINDAN Wildlife & Marine Resources Section Attorneys for FEDERAL DEFENDANTS 5 6 7 8 Dated: October 31, 2011 NATURAL RESOURCES DEFENSE COUNCIL 9 By: _/s/ Katherine Poole____________________ KATHERINE POOLE DOUG OBEGI Attorneys for Defendant-Intervenor NATURAL RESOURCES DEFENSE COUNCIL 10 11 12 13 14 15 16 17 18 Dated: October 31, 2011 EARTH JUSTICE By: _/s/ Trent W. ___________________________ TRENT W. ORR GEORGE M. TORGUN Attorneys for Defendant-Intervenors NATURAL RESOURCES DEFENSE COUNCIL; THE BAY INSTITUTE 19 20 21 22 23 24 25 26 27 28 -6SECOND JOINT STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP 1 ORDER 2 3 Based on the stipulation of the above parties, the Court hereby vacates the previously 4 ordered October 31, 2011 deadline for submission of a written status report, and the alternative 5 November 11, 2011 deadline for transmittal of the draft delta smelt Biological Opinion ("draft 6 BiOp"). By December 2, 2011, the parties shall file with the Court a written report, preferably a 7 joint report, stating whether the parties have jointly agreed upon the three items listed above in 8 the stipulation. If there is not agreement among all parties on these items, then the draft BiOp 9 shall be transmitted no later than December 14, 2011. 10 11 IT IS SO ORDERED. 12 13 14 Dated: /s/ Lawrence J. O’Neill November 1, 2011 UNITED STATES DISTRICT JUDGE DEAC_Sig nature-END: b9ed48bb 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1SECOND JOINT STIPULATION AND ORDER AMENDING SCHEDULE FOR TRANSMITTAL OF DRAFT SMELT BIOP

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