Earth Island Institute et al v. Elliott et al

Filing 38

STIPULATION and ORDER FOR DISPENSING WITH STATEMENTS OF UNDISPUTED FACTS, signed by Magistrate Judge Michael J. Seng on 2/13/2018. (Kusamura, W)

1 RENÉ P. VOSS (CA Bar No. 255758)
Natural Resources Law
2 15 Alderney Road
San Anselmo, CA 94960
3 Phone: [phone]
Email: [e-mail]
4 LEAD COUNSEL
5 MATT KENNA (CO Bar No. 22159)
Public Interest Environmental Law
6 679 E. 2nd Ave., Suite 11B
Durango, CO 81301
7 Phone: [phone]
Email: [e-mail]
8 Pro Hac Vice
9 Attorneys for Plaintiffs
10 Counsel for Federal Defendants and DefendantIntervenor Listed on Signature Page
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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15 EARTH ISLAND INSTITUTE, et al.,

Case No. 1:17-cv-01320-LJO-MJS

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STIPULATION AND ORDER FOR
DISPENSING WITH STATEMENTS OF
UNDISPUTED FACTS

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Plaintiffs,
v.

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KEVIN ELLIOTT, in his official capacity as
19 the Forest Supervisor of the Sequoia National
Forest, et al.,
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Federal Defendants,

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and

23 SIERRA FOREST PRODUCTS, a California
Corporation,
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Defendant-Intervenor.

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STIPULATION AND ORDER

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IT IS HEREBY STIPULATED, by and among the parties and subject to Court approval, that the
parties need not file and respond to Statements of Undisputed Facts in connection with their anticipated
cross-motions for summary judgment in this action. The reasons for this stipulation are as follows:

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1.

Forest Service and the Forest Supervisor of the Sequoia National Forest (“Federal Defendants”) violated
the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4332, by authorizing the Bull Run
Roadside Hazard Tree Mitigation Project.

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2.

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NEPA does not provide a private cause of action, and the Court must resolve Plaintiffs’

contentions pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. § 702, based on the
administrative record lodged by Federal Defendants. Earth Island Inst. v. U.S. Forest Serv., 697 F.3d
1010, 1013 (9th Cir. 2012).
“Local Rule 260(e) [currently 260(a)] directs that each [summary judgment] motion shall be
accompanied by a ‘Statement of Undisputed Facts’ that shall enumerate each of the specific material
facts on which the motion is based and cite the particular portions of any document relied upon to
establish that fact. In APA cases, such statements are generally redundant because all relevant facts are
contained in the agency’s administrative record.” San Joaquin River Grp. Auth. v. Nat’l Marine
Fisheries Serv., 819 F. Supp. 2d 1077, 1084 (E.D. Cal. 2011); see W. Watersheds Project v. Bureau of
Land Mgmt., 971 F. Supp. 2d 957, 968–69 (E.D. Cal. 2013). Consequently, “requests to dispense with
the requirement of filing a statement of facts are routinely granted in this District.” San Joaquin River
Grp. Auth., 819 F. Supp. 2d at 1084; Pinnacle Armor, Inc. v. United States, No. 07-1655, 2013 WL
5947340, at *7 (E.D. Cal. Nov. 4, 2013) (O’Neill, J.).///

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Plaintiffs Earth Island Institute and Sequoia ForestKeeper allege that the United States

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For the foregoing reasons, the parties respectfully request approval to dispense with

Local Rule 260’s requirement to file and respond to Statements of Undisputed Facts in connection with
their cross-motions for summary judgment.
Dated:

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/s/ René Voss
RENÉ P. VOSS
MATT KENNA, Pro Hac Vice

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CASE NO. 1:17-CV-01320-LJO-MJS
STIPULATION AND PROPOSED ORDER

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Attorneys for Plaintiffs

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MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Joseph Frueh (authorized on 2-13-2018)
JOSEPH B. FRUEH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
E-mail:[e-mail]
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Federal Defendants
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/s/ Sara Ghafouri (authorized on 2-13-2018)
Sara Ghafouri, Pro Hac Vice
American Forest Resource Council
5100 S.W. Macadam, Suite 350
Portland, Oregon 97239
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Thomas C. Brodersen
WILLIAMS, BRODERSEN & PRITCHETT LLP
2222 West Main Street
Visalia, California 93291
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendant-Intervenor
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ORDER

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Good cause appearing, the above Stipulation is accepted and its terms adopted as the

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IT IS SO ORDERED.
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Dated:

February 13, 2018

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

CASE NO. 1:17-CV-01320-LJO-MJS
STIPULATION AND PROPOSED ORDER

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