California River Watch et al v. County of Sonoma

Filing 36

REQUEST RE ORAL ARGUMENT. Signed by Judge Alsup on June 23, 2014. (whalc1, COURT STAFF) (Filed on 6/23/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CALIFORNIA RIVER WATCH, a 501(c)(3)
nonprofit, public benefit corporation,
Plaintiff,

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v.

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For the Northern District of California

United States District Court

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No. C 14-00217 WHA

COUNTY OF SONOMA,

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REQUEST RE ORAL
ARGUMENT

Defendant.
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The hearing on defendant’s motion to dismiss and/or strike is set for June 26.

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The first amended complaint seeks, inter alia, the following injunction

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(First Amd. Compl. ¶ 29):

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[A]n order enjoining the COUNTY from issuing permits for
development of land within 1.3 miles of known breeding sites,
known occurrence and within habitat corridors of the designated
critical habitat for SCTS, unless the permittee is granted an
incidental “take” permit under ESA § 10 and has satisfied all the
requirements for surveys and mitigation as set forth in the ESA
regulations and the Interim Mitigation Guidelines for the Santa
Rosa Plain Conservation Strategy.
The supplemental notice stated (First Amd. Compl. Exh. B) (emphasis added):
Critical salamander habitat in Sonoma County was determined to
cover 74,223 acres, not all of which was contiguous. Due to
backlash from developers and other special interests, the acreage
has now been reduced to only 47,383 (September 30, 2011). This
small area is referred to as the Santa Rosa Plain Conservation Area
(“Conservation Area”).

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Counsel should be prepared to address whether any of the 1.3 miles radii falls outside of the

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47,383 acres mentioned in the supplemental notice.

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Dated: June 23, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE