Environmental Protection Information Center v. Ayers et al

Filing 48

ORDER APPROVING STIPULATION TO AMEND STAY; DIRECTING PARTIES TO FILE JOINT CASE MANAGEMENT STATEMENT. Plaintiff and Federal Defendants shall file a Joint Case Management Statement no later than December 8, 2014. Signed by Judge Maxine M. Chesney on February 27, 2014. (mmclc1, COURT STAFF) (Filed on 2/27/2014)

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ROBERT G. DREHER
THE HONORABLE MAXINE M. CHESNEY
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
ETHAN CARSON EDDY, Trial Attorney (Cal. Bar 237214)
Wildlife and Marine Resources Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Federal Defendants
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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)
)
)
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Plaintiff,
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v.
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)
JERRY AYERS, STANFORD LEHR, CHARLTON )
H. BONHAM, PAT OVERTON, DANIEL ASHE, )
JEFF UNDERWOOD, and U.S. FISH AND
)
WILDLIFE SERVICE,
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Defendants.
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)
___________________________________________ )
ENVIRONMENTAL PROTECTION
INFORMATION CENTER,

Case No. 3:13-cv-0656-MMC
PLAINTIFF’S AND FEDERAL
DEFENDANTS’ STIPULATION TO
AMEND STAY AND [PROPOSED]
ORDER APPROVING
STIPULATION TO AMEND STAY;
DIRECTING PARTIES TO FILE
JOINT CASE MANAGEMENT
STATEMENT

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STIPULATION TO AMEND STAY
AND [PROPOSED] ORDER

Case No. 3:13-cv-0656-MMC

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STIPULATION

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Pursuant to Civil Local Rule 7-12, Plaintiff Environmental Protection Information

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Center, and Defendants Daniel Ashe, Jeff Underwood, and the U.S. Fish and Wildlife Service

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(“Federal Defendants”) hereby stipulate to and respectfully request that the Court amend the

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Court-ordered stay of the proceedings in this case related to the Federal Defendants (ECF No.

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42). This amendment is needed to account for the recent stipulation between Plaintiff and the

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State Defendants to amend the stay order pertaining to claims against the State Defendants (ECF

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No. 43), which was granted by the Court on February 3, 2014 (ECF No. 44).

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Specifically, the stay orders previously entered in this case – one as to the State

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Defendants and one as to the Federal Defendants – contain language prohibiting the “collection,

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trapping, or use of natural-origin (ESA-listed) steelhead trout for broodstock at the Mad River

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Hatchery” by the California Department of Fish and Wildlife, as well as funding for such

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activities by the U.S. Fish and Wildlife Service. ECF No. 32, at 2; ECF No. 42, at 1. The recent

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amendment to the stay order for the State Defendants alters that language to require use of

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natural-origin steelhead trout by the California Department of Fish and Wildlife. ECF No. 44.

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Since the U.S. Fish and Wildlife Service funds activity at the Hatchery, a concurrent amendment

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is needed to the stay order between Plaintiff and the Federal Defendants, to allow the U.S. Fish

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and Wildlife Service to fund such activities.

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Plaintiff and Federal Defendants therefore agree, and request that the Court modify its
stay order dated July 24, 2013 (ECF No. 42) as follows:
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The U.S. Fish and Wildlife Service may fund operations at the Mad River

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Hatchery to collect, trap, or use natural origin (Endangered Species Act-listed)

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steelhead trout for broodstock at the Mad River Hatchery, as set forth in

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paragraph 1 of the Court’s order dated February 3, 2014 (ECF No. 44).

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STIPULATION TO AMEND STAY
AND [PROPOSED] ORDER

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Case No. 3:13-cv-0656-MMC

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2.

The stay of Plaintiff’s claims against Federal Defendants shall be extended to

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November 30, 2014, or until the National Marine Fisheries Service approves a

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Hatchery Genetics Management Plan, whichever occurs first.

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3.

The remainder of the stay order dated July 24, 2013 (ECF No. 42) remains in
effect.

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Respectfully submitted this 25th day of February, 2014.
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ROBERT G. DREHER
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief

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/s/ Ethan Carson Eddy
ETHAN CARSON EDDY
Trial Attorney (Cal. Bar 237214)
Wildlife and Marine Resources Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
[phone] (Phone); [phone] (Fax)
[e-mail]

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ROMNEY S. PHILPOTT, CO Bar #35112
U.S. Department of Justice
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone]
Fax: [phone]

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Attorneys for Federal Defendants

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/s/ Peter M.K. Frost
Peter M.K. Frost, admitted pro hac vice
Western Environmental Law Center
1216 Lincoln St.
Eugene, OR 97401
[e-mail]
Tel: [phone]
Fax: [phone]

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STIPULATION TO AMEND STAY
AND [PROPOSED] ORDER

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Case No. 3:13-cv-0656-MMC

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Attorneys for Plaintiff

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E-FILING ATTESTATION

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Pursuant to Civil Local Rule 5.1(i)(3), I attest that Peter Frost has concurred in the filing
of this document.

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/s/ Ethan Carson Eddy
ETHAN CARSON EDDY
Counsel for Federal Defendants

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PROPOSED ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Plaintiff and Federal Defendants are further ORDERED to submit a joint case
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management statement by December 8, 2014, or within fourteen (14) days following approval of
the State Defendants’ HGMP, whichever comes first.

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Dated:________________
February 27, 2014

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______________________________
HON. MAXINE M. CHESNEY
United States District Judge

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STIPULATION TO AMEND STAY
AND [PROPOSED] ORDER

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Case No. 3:13-cv-0656-MMC