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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 CONSERVATION CONGRESS, a nonprofit organization, Plaintiff, 10 v. 11 12 UNITED STATES FOREST SERVICE, Defendant. 13 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* 14 15 16 17 The County of Siskiyou seeks leave to file an amicus curiae 20 21 22 23 24 25 26 in support of Defendant‟s motion for summary judgment. The motion is unopposed. 18 19 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 27 * 28 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). 1 1 (“Mot.”) 4:5-6, ECF No. 21.) 2 “District courts frequently welcome amicus briefs from 3 nonparties concerning 4 ramifications 5 amicus has „unique information or perspective that can help the 6 court beyond the help that the lawyers for the parties are able 7 to provide.‟” NGV Gaming, Ltd. v. Upstream Point Molate, LLC, 335 8 F. Supp. 2d 1016, 1067 (N.D. Cal. 2005) (quotation omitted). beyond the legal issues parties that directly have involved potential or if the 9 In light of the broad discretion the Court has when 10 deciding whether to permit a putative amicus curiae to file a 11 brief, and the argument the County makes in its motion, the 12 County‟s motion for leave to file an amicus brief in support of 13 the Defendant‟s motion for summary judgment is GRANTED. 14 Dated: January 21, 2015 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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?