Upper South East Communities Coalition v. US Army Corps of Engineers et al

Filing 12

STIPULATION and ORDER signed by Judge John A. Mendez on 5/13/2015 ORDERING the Regional Transportation Commission of Washoe County is allowed to intervene. (Zignago, K.)

1
2
3
4

DANE W. ANDERSON, ESQ.
California Bar No. 212530
WOODBURN AND WEDGE
6100 Neil Road, Suite 500
Reno, Nevada 89511
Telephone: [phone]
[e-mail]

5
6

Attorneys for Regional Transportation
Commission of Washoe County

7
8

UNITED STATES DISTRICT COURT
9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21

)
)
)
)
Plaintiff,
)
)
v.
)
U.S. ARMY CORPS OF ENGINEERS; LT. )
GEN. THOMAS P. BOSTICK, in his official )
capacity, Chief of Engineers and Commanding )
General, U.S. Army Corps of Engineers; COL. )
)
MICHAEL J. FARRELL, in his official
)
capacity, District Commander, Sacramento
District, U.S. Army Corps of Engineers; and )
)
MICHAEL S. JEWEL, Chief, Regulatory
)
Division, Sacramento District, U.S. Army
)
Corps of Engineers.
)
)
Defendants.
UPPER SOUTH EAST COMMUNITIES
COALITION,

Case No. 2:15-cv-00930-JAM-DAD

STIPULATION AND ORDER TO
ALLOW THE REGIONAL
TRANSPORTATION COMMISSION
OF WASHOE COUNTY
TO INTERVENE

Date: June 17, 2015
Time: 9:30 a.m.
Courtroom: 6
Judge: Honorable John A. Mendez

22
23

The parties hereto stipulate as follows:

24

1.

The action filed by Plaintiff, UPPER SOUTH EAST COMMUNITIES

25

COALITION (“USECC”), seeks a declaration that Defendants’, U.S. ARMY

26

CORPS OF ENGINEERS; LT. GEN. THOMAS P. BOSTICK, in his official

27

capacity, Chief of Engineers and Commanding General, U.S. Army Corps of

28
WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: [phone]

-1STIPULATION AND ORDER TO ALLOW THE REGIONAL TRANSPORTATION COMMISSION OF
WASHOE COUNTY TO INTERVENE

1

Engineers; COL. MICHAEL J. FARRELL, in his official capacity, District

2

Commander, Sacramento District, U.S. Army Corps of Engineers; and

3

MICHAEL S. JEWEL, Chief, Regulatory Division, Sacramento District, U.S.

4

Army Corps of Engineers (collectively, “the Corps”), issuance of a Section 404

5

Permit violated federal law and the USECC requests the Court to issue a

6

preliminary injunction requiring the Corps to rescind or suspend the Section 404

7

Permit.

8

2.

9

Commission of Washoe County (“RTC”) to proceed with the construction of

10

Phase II of its SouthEast Connector roadway.

11

3.

12

4.

14

For good cause and in order to prevent any unnecessary delays, the parties agree
to the Court allowing the RTC to intervene for all purposes.

DATED this 12th day of May, 2015.

16

DATED this 12th day of May, 2015.

UNITED STATES DEPARTMENT
OF JUSTICE

17
18

The RTC filed a Motion to Intervene as a matter of right and for permissive
intervention on May 8, 2015.

13

15

A valid Section 404 Permit is required to enable the Regional Transportation

By:

19
20

/s/ Peter K. Dykema_(as authorized
on 05/11/15)
Peter Kryn Dykema, GOVT
Washington DC Bar No. 419349
601 D. Street NW
Washington, DC 20044

SHUTE, MIHALY &
WEINBERGER LLP
By:

/s/ Winter King (as authorized on
05/11/15)
Winter King
California State Bar No. 237958
396 Hayes Street
San Francisco, CA 94102

21

Davene Dashawn Walker
PO Box 7611, Ben Franklin Station
Washington, DC 20044

22

Attorneys for Plaintiff

23

Attorneys for Defendants
24
25
26

///
///

27

///
28
WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: [phone]

-2STIPULATION AND ORDER TO ALLOW THE REGIONAL TRANSPORTATION COMMISSION OF
WASHOE COUNTY TO INTERVENE

1

DATED this 12th day of May, 2015.

2
3
4
5
6
7

WOODBURN AND WEDGE
By:

/s/ Dane W. Anderson _________
Dane W. Anderson
California State Bar No. 212530
6100 Neil Road, Suite 500
Reno, NV 89511
Attorneys for Intervenor, Regional
Transportation Commission of
Washoe County

8

ORDER
9
10

IT IS SO ORDERED.
DATED this 13th day of May, 2015

11

/s/ John A. Mendez________________
United States District Court Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: [phone]

-3STIPULATION AND ORDER TO ALLOW THE REGIONAL TRANSPORTATION COMMISSION OF
WASHOE COUNTY TO INTERVENE