Center For Biological Diversity et al v. Federal Highway Administration et al

Filing 116

ORDER GRANTING 115 Stipulation RE: Motion to Supplement Administrative Records and Memorandum in Support. Signed by Judge JEFFREY S. WHITE on 2/1/13. (jjoS, COURT STAFF) (Filed on 2/1/2013)

Case3:12-cv-02172-JSW Document115 Filed02/01/13 Page1 of 5

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IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
MARTHA C. MANN
JASON A. HILL
Trial Attorneys
United States Department of Justice
P.O. Box 7600
Washington, D.C. 20044
Tel: [phone] (Mann)
[phone] (Hill)
Fax: [phone]
Email: [e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANT
UNITED STATES ARMY CORPS OF ENGINEERS

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CENTER FOR BIOLOGICAL DIVERSITY,
SIERRA CLUB, WILLITS
ENVIRONMENTAL CENTER,
ENVIRONMENTAL PROTECTION
INFORMATION CENTER,
Plaintiffs,
CALIFORNIA FARM BUREAU
FEDERATION,

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STIPULATION REGARDING
PLAINTIFFS’ AND PLAINTIFFINTERVENOR’S MOTION TO
SUPPLEMENT THE
ADMINISTRATIVE RECORD OF THE
UNITED STATES ARMY CORPS OF
ENGINEERS
AND ORDER THEREON

Plaintiff-Intervenor,
v.

Case No. No. CV 12-2172 JSW

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CALIFORNIA DEPARTMENT OF
TRANSPORTATION, MALCOLM
DOUGHERTY, in his official capacity as
Director of the California Department of
Transportation, U.S. ARMY CORPS OF
ENGINEERS,

HEARING DATE: February 22, 2013
TIME: 9:00 a.m.
COURTROOM: 11
JUDGE: Hon. Jeffrey S. White

Defendants.

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STIPULATION REGARDING PLAINTIFFS’ AND PLAINTIFF-INTERVENOR’S MOTION TO
SUPPLEMENT THE ADMINISTRATIVE RECORD OF THE UNITED STATES ARMY CORPS
OF ENGINEERS
CV 12-2172 JSW

Case3:12-cv-02172-JSW Document115 Filed02/01/13 Page2 of 5

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Plaintiffs Center for Biological Diversity, Sierra Club, Willits Environmental Center and

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Environmental Protection Information Center (“Plaintiffs”), Plaintiff-Intervenor California Farm

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Bureau Federation (“Farm Bureau”), and Defendants the United States Army Corps of Engineers (“the

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Corps”) have conferred and resolved the Plaintiffs’ and Farm Bureau’s pending Motion to Supplement

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the Administrative Record (“Motion to Supplement”) (ECF No. 107), as that motion pertains to the

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Corps’ administrative record. Plaintiffs, Farm Bureau, and the Corps report the following to the Court:

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1.

The Corps, having reviewed the documents provided by Plaintiffs and Farm Bureau that

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are described in Exhibit 6 to the Motion to Supplement (ECF No. 107-2), agrees that the following

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documents were inadvertently omitted from the Corps’ administrative record:

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Documents 1, 3-6, 8-13, 15, 18, 20-21, 23, 25-29, 31-35, 37-43, 45-49, 52-56, 59-62, 64-69, 7276, 78, 80-88, 92, 94-96, 99, 101-103, 105-108, 110-114, 116, 122, 128, 130, 132, 134-142.

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The Corps will electronically file a notice of lodging the amended administrative record

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together with a certification of the amended administrative record and revised index. The Corps will

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also lodge with the Court and provide to all parties a bates-stamped copy of the supplemental record

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documents as expeditiously as possible.1

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2.

Plaintiffs and Farm Bureau, upon conferral with the Corps as to the remaining documents

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listed in Exhibit 6 to the Motion to Supplement, agree to withdraw their motion as to all documents

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listed in Exhibit 6 to the Motion to Supplement that are not described in Paragraph 1, i.e., all remaining

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documents.

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3.

In light of this stipulation, Plaintiffs, Farm Bureau, and the Corps all agree that there is no

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need for a hearing on the Motion to Supplement regarding the Corps’ administrative record, and the

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Motion to Supplement may be denied as moot with respect to the Corps’ administrative record.

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In light of their size, the parties have agreed that specific “shaping” files included as an attachment
to Document 21 will be made available to any party upon request.
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STIPULATION REGARDING PLAINTIFFS’ AND PLAINTIFF-INTERVENOR’S MOTION TO
SUPPLEMENT THE ADMINISTRATIVE RECORD OF THE UNITED STATES ARMY CORPS
OF ENGINEERS
CV 12-2172 JSW

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Case3:12-cv-02172-JSW Document115 Filed02/01/13 Page3 of 5

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Dated: February 1, 2013

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/s/ Aruna Prabhala
Aruna Prabhala (Cal. Bar No. 278865)
CENTER FOR BIOLOGICAL DIVERSITY
351 California Street, Suite 600
San Francisco, CA 94104
Telephone: [phone] x 322
Facsimile: [phone]
[e-mail]
[e-mail]
Attorney for Plaintiffs
/s/ Jack L. Rice _____________________
KARI E. FISHER, SBN 245447
JACK L. RICE, SBN 248778
CALIFORNIA FARM BUREAU FEDERATION
2300 River Plaza Drive
Sacramento, CA 95833
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff -Intervenor
CALIFORNIA FARM BUREAU FEDERATION

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IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
/s/ Martha C. Mann
MARTHA C. MANN
JASON A. HILL
United States Department of Justice
P.O. Box 7600
Washington, D.C. 20044
Telephone: [phone] (Mann)
[phone] (Hill)
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
UNITED STATES ARMY CORPS OF ENGINEERS

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STIPULATION REGARDING PLAINTIFFS’ AND PLAINTIFF-INTERVENOR’S MOTION TO
SUPPLEMENT THE ADMINISTRATIVE RECORD OF THE UNITED STATES ARMY CORPS
OF ENGINEERS
CV 12-2172 JSW

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Case3:12-cv-02172-JSW Document115 Filed02/01/13 Page4 of 5

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IT IS SO ORDERED.

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Dated: February 1 , 2013

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DISTRICT JUDGE
UNITED STATES DISTRICT COURT

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STIPULATION REGARDING PLAINTIFFS’ AND PLAINTIFF-INTERVENOR’S MOTION TO
SUPPLEMENT THE ADMINISTRATIVE RECORD OF THE UNITED STATES ARMY CORPS
OF ENGINEERS
CV 12-2172 JSW

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