Conservation Congress v. United States Forest Service

Filing 28

ORDER signed by Judge Garland E. Burrell, Jr on 1/21/15 GRANTING 21 Motion for Leave to File an Amicus Brief. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONSERVATION CONGRESS, a nonprofit organization,
Plaintiff,

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v.

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UNITED STATES FOREST SERVICE,
Defendant.

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No. 2:14-CV-2228-GEB-AC

ORDER GRANTING COUNTY OF
SISKIYOU’S MOTION FOR LEAVE TO
FILE AN AMICUS CURIAE BRIEF IN
SUPPORT OF DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT*

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The County of Siskiyou seeks leave to file an amicus
curiae

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in

support

of

Defendant‟s

motion

for

summary

judgment. The motion is unopposed.

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brief

Plaintiff‟s
States

Forest

Complaint

Service‟s

“challeng[es]

decision

to

Defendant

authorize

the

United

Porcupine

Vegetation and Road Management Project” (“the Project”) and seeks
to “enjoin Defendant Forest Service from continuing the operation
of any timber sale.” (Compl. ¶¶ 1, 84, ECF No. 1.) The County
argues its proposed amicus brief would benefit the court because
it represents “the perspective of those who will be most directly
impacted by the Court‟s decision” since the Project is located in
Siskiyou County (Notice of Mot. & Mot. File Amicus Curiae Brief

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*

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The hearing on February 2, 2015 is vacated since this matter is suitable
for decision without oral argument pursuant to E.D. Cal. R. 230(g).

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(“Mot.”) 4:5-6, ECF No. 21.)

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“District courts frequently welcome amicus briefs from

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nonparties

concerning

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ramifications

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amicus has „unique information or perspective that can help the

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court beyond the help that the lawyers for the parties are able

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to provide.‟” NGV Gaming, Ltd. v. Upstream Point Molate, LLC, 335

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F. Supp. 2d 1016, 1067 (N.D. Cal. 2005) (quotation omitted).

beyond

the

legal

issues

parties

that

directly

have

involved

potential
or

if

the

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In light of the broad discretion the Court has when

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deciding whether to permit a putative amicus curiae to file a

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brief, and the argument the County makes in its motion, the

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County‟s motion for leave to file an amicus brief in support of

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the Defendant‟s motion for summary judgment is GRANTED.

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Dated:

January 21, 2015

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