Center for Sierra Nevada Conservation, et al., v. United States Forest Service, et al

Filing 106

ORDER signed by Judge Lawrence K. Karlton on 2/23/2012 GRANTING in part plaintiffs' 88 Motion for Partial Vacatur. But it is ONLY to the degree it seeks to set aside that portion of Forest Services decision designating 42 roads through meadows for motorized vehicle traffic. That portion of decision is REMANDED to Forest Service for reconsideration in light of applicable law. The Forest Service directed to submit Proposed Order, no later than 30 days from date of Order, that will set aside only that portion of its decision that designates the 42 roads to degree they go through meadows, and not affecting sections of those same roads that do not go through meadows, unless they cannot otherwise be reached. Plaintiffs and Intervenors shal l have 14 days to respond to Proposed Order. Parties have advised Court that 42 roads are currently closed because of seasonal closings. But that seasonal closings end on 3/31/2012. Accordingly, the Forest Service shall EXTEND the seasonal closings of 42 roads until further Order of Court. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CENTER FOR SIERRA NEVADA
CONSERVATION, et al.,
NO. CIV. S-09-2523 LKK/JFM
Plaintiff,

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v.
O R D E R

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UNITED STATES FOREST SERVICE,
et al.,

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Defendants.
/

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Plaintiffs’ motion for partial vacatur (Dkt. No. 88), having

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come on for hearing on February 13, 2012, the court orders as

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follows:

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1.

Plaintiffs’ motion is GRANTED IN PART, but only to the

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degree it seeks to set aside that portion of the Forest

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Service’s decision that designates 42 roads through

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meadows for motorized vehicle traffic.

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the decision is remanded to the Forest Service for

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reconsideration in light of the applicable law.

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2.

That portion of

The Forest Service is directed to submit a proposed
order that will set aside only that portion of its
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decision that designates the 42 roads to the degree they

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go through meadows, and not affecting the sections of

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those same roads that do not go through meadows, unless

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they cannot otherwise be reached.

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3.

The Forest Service shall submit the proposed order no

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later than 30 days from the date of this order.

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parties cannot agree on a joint submission, plaintiffs

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and Intervenors shall have 14 days to respond to the

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proposed order.

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4.

If the

The parties have advised the court that the 42 roads are

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currently closed because of seasonal closings, but that

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the

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Accordingly,

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seasonal closings of the 42 roads until further order of

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this court.

seasonal

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DATED:

the

Forest

IT IS SO ORDERED.

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closings

February 13, 2012.

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end

on

Service

March
shall

31,

2012.

EXTEND

the