Center for Biological Diversity et al v. Kempthorne et al

Filing 22

STIPULATION AND ORDER MODIFYING CONSENT DECRESS 19 ; Signed by Judge Marilyn Hall Patel on 2/4/2009. (awb, COURT-STAFF) (Filed on 2/5/2009)

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JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Chief LISA L. RUSSELL, Assistant Chief RICKEY D. TURNER, JR., Trial Attorney CO Bar No. 38353 U.S. Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 [phone] (tel) [phone] (fax) Attorneys for Federal Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CENTER FOR BIOLOGICAL DIVERSITY, NATURAL RESOURCES DEFENSE COUNCIL, and PACIFIC ENVIRONMENT, non-profit corporations, Plaintiffs, v. KEN SALAZAR1, Secretary of the Interior and U.S. FISH AND WILDLIFE SERVICE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:07-cv-06406-MHP

JOINT STIPULATION TO MODIFY THE CONSENT DECREE AND EXTEND THE SCHEDULE FOR SUBMISSION OF THE YELLOW BILLED LOON 12-MONTH FINDING WITH [PROPOSED] ORDER Plaintiffs, Center for Biological Diversity, et. al. ("CBD"), and Defendants, the U.S. Fish and Wildlife Service and Ken Salazar, Secretary of the Interior (collectively "the Service"), by and through their undersigned counsel, respectfully submit this joint stipulation for the Court's approval.

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Under Fed. R. Civ. Pro. 25(d), Defendants have substituted Ken Salazar for Dirk Kempthorne as the current Secretary of the Interior. -107-cv-06406-MHP

JOINT STIPULATION TO MODIFY CONSENT DECREE

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WHEREAS: · On April 5, 2004, Plaintiffs submitted a petition to list the yellow-billed loon as "threatened" or "endangered" under the Endangered Species Act ("ESA"). · On June 6, 2007, the Secretary published a 90-day finding under 16 U.S.C. § 1533(b)(3)(A) that the petition presented substantial information that listing may be warranted. 72 Fed. Reg. 31,256 (June 6, 2007). · Under the ESA, the Service had one year from the date it received the Petition to make a "12-month finding" that listing the yellow-billed loon as threatened or endangered was warranted, warranted but precluded, or not warranted. 16 U.S.C. § 1533(b)(3)(B). The Secretary has not issued a 12-month finding. · On December 19, 2007, Plaintiffs filed a Complaint for declaratory and injunctive relief, pursuant to the ESA, 16 U.S.C. § 1540(g)(1)(C), and the Administrative Procedure Act ("APA"), 5 U.S.C. § 706. · On April 11, 2008, the parties settled this matter and agreed that the Service would submit for publication to the Federal Register a 12-month finding on Plaintiffs' petition to list the yellow-billed loon by February 15, 2009. See Doc. No. 19. · Officials within the new administration are currently reviewing the yellow-billed loon finding and request an additional month to complete their review. THEREFORE: The parties have stipulated to an extension of the 12-month finding for the yellow-billed loon from February 15, 2009 to March 16, 2009. It is so stipulated this 3rd day of February, 2009,
JOINT STIPULATION TO MODIFY CONSENT DECREE

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07-cv-06406-MHP

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JOINT STIPULATION TO MODIFY CONSENT DECREE

JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief LISA L. RUSSELL, Assistant Section Chief /s/ Rickey D. Turner Jr. RICKEY D. TURNER JR. U.S. Department of Justice Environment & Natural Resources Division Wildlife and Marine Resources Section P.O. Box. 7369 Washington, D.C. 20044-7369 Telephone: [phone] email: [e-mail] Attorneys for Defendants /s/ Andrea A. Treece (w/ permission by RDT) ANDREA A. TREECE (CA Bar No. 237639) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Telephone: [phone] x 306 Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs

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07-cv-06406-MHP

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CENTER FOR BIOLOGICAL DIVERSITY, NATURAL RESOURCES DEFENSE COUNCIL, and PACIFIC ENVIRONMENT, non-profit corporations, Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:07-cv-06406-MHP

KEN SALAZAR, Secretary of the Interior and U.S. FISH AND WILDLIFE SERVICE, Defendants.

[PROPOSED] ORDER The Parties have stipulated to modify the consent decree in this matter. The terms and conditions of the Joint Stipulation to Modify the Consent Decree are hereby adopted as an ORDER of this Court. It is ordered that: 1. The Service will submit a 12-month finding for the yellow-billed loon to the

Federal Register for publication no later than March 16, 2009. 2. The remaining terms of the April 11, 2008 consent decree shall otherwise remain

in full force and effect 4th February Dated: this ______ day of _________________, 2009.

__________________________________ United States District JudgeRDERED

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