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)

Download PDF
1 RENÉ P. VOSS (CA Bar No. 255758) Natural Resources Law 2 15 Alderney Road San Anselmo, CA 94960 3 Phone: (415) 446-9027 Email: 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: (970) 749-9149 Email: 8 Pro Hac Vice 9 Attorneys for Plaintiffs 10 Counsel for Federal Defendants and DefendantIntervenor Listed on Signature Page 11 12 IN THE UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 EARTH ISLAND INSTITUTE, et al., Case No. 1:17-cv-01320-LJO-MJS 16 STIPULATION AND ORDER FOR DISPENSING WITH STATEMENTS OF UNDISPUTED FACTS 17 Plaintiffs, v. 18 KEVIN ELLIOTT, in his official capacity as 19 the Forest Supervisor of the Sequoia National Forest, et al., 20 21 Federal Defendants, 22 and 23 SIERRA FOREST PRODUCTS, a California Corporation, 24 25 26 27 28 30 Defendant-Intervenor. 1 STIPULATION AND ORDER 2 3 4 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: 5 6 7 8 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2. 25 26 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.)./// 23 24 Plaintiffs Earth Island Institute and Sequoia ForestKeeper allege that the United States 3. 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: 27 /s/ René Voss RENÉ P. VOSS MATT KENNA, Pro Hac Vice 28 30 CASE NO. 1:17-CV-01320-LJO-MJS STIPULATION AND PROPOSED ORDER 1 1 Attorneys for Plaintiffs 2 MCGREGOR W. SCOTT United States Attorney 3 4 By: 5 6 7 /s/ Joseph Frueh (authorized on 2-13-2018) JOSEPH B. FRUEH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2702 Facsimile: (916) 554-2900 8 Attorneys for Federal Defendants 9 10 /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: (503) 222-9505 Fax: (503) 222-3255 E-mail: 11 12 13 14 Thomas C. Brodersen WILLIAMS, BRODERSEN & PRITCHETT LLP 2222 West Main Street Visalia, California 93291 Telephone: (559) 635-9000 Facsimile: (559) 635-9085 E-mail: 15 16 17 18 Attorneys for Defendant-Intervenor 19 ORDER 20 21 Good cause appearing, the above Stipulation is accepted and its terms adopted as the 22 Order of this Court. 23 24 IT IS SO ORDERED. 25 26 Dated: February 13, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 30 Michael J. Seng CASE NO. 1:17-CV-01320-LJO-MJS STIPULATION AND PROPOSED ORDER 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?