Environmental Pro v. USFS

Filing 58

ORDER signed by Judge Garland E. Burrell Jr. on 6/25/07 Pursuant to the stipulation, a new environmental assessment is modified to permit the Forest Service to perform the following project-related activities: The removal of timber in three units in the project area prior to issuance of the injunction, The removal of biomass material, treatment of residual slash debris from timber harvest and erosion control on roads. (Cayo, A)

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Environmental Pro v. USFS Doc. 58 Case 2:04-cv-01705-GEB-KJM Document 58 Filed 06/26/2007 Page 1 of 3 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 28 McGREGOR W. SCOTT United States Attorney JOHN F. GISLA, SB #42829 Assistant U.S. Attorneys 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2740 Attorneys for the United States IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ENVIRONMENTAL PROTECTION INFORMATION CENTER, Plaintiff, v. UNITED STATES FOREST SERVICE, Defendant. CIV S-04-1705-GEB-KJM STIPULATION FOR MODIFICATION OF ORDER ENJOINING PROJECT; ORDER The parties stipulate and request that the Court's Order filed on June 13, 2007, be modified to permit the Forest Service to perform the following project-related activities: 1. The removal of timber that was felled in three units in the project area (units118, 119, and 150) prior to issuance of the injunction; 2. 3. 4. The removal of biomass material piled in landings in the project area; The treatment of residual slash debris from timber harvest; and Erosion control on roads in the project area. 1 Dockets.Justia.com Case 2:04-cv-01705-GEB-KJM Document 58 Filed 06/26/2007 Page 2 of 3 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 28 DATED: McGREGOR W. SCOTT United States Attorney By: ________________________________ JOHN F. GISLA Assistant United States Attorney Attorneys for the United States DATED: MARIANNE DUGAN, Oregan Bar # 93256 Pro Hac Vice Attorney for Plaintiff 2 Case 2:04-cv-01705-GEB-KJM Document 58 Filed 06/26/2007 Page 3 of 3 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 28 2. 3. 4. ORDER Pursuant to the foregoing stipulation, and for good cause, the Court's Order filed on June 13, 2007, enjoining the East Fork project until the United States Forest Service has completed a new environmental assessment consistent with the Ninth Circuit's opinion issued on May 2007, is modified to permit the Forest Service to perform the following project-related activities: 1. The removal of timber that was felled in three units in the project area (units118, 119, and 150) prior to issuance of the injunction; The removal of biomass material piled in landings in the project area; The treatment of residual slash debris from timber harvest; and Erosion control on roads in the project area. Dated: June 25, 2007 GARLAND E. BURRELL, JR. United States District Judge 3

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