Waterkeeper Alliance, Inc. et al v. Pruitt et al

Filing 78

STIPULATION AND ORDER RE 77 to Extend the Briefing Schedule re: Plaintiffs' Motion for Summary Judgment. Motion Hearing set for 6/25/2020 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg.Signed by Judge Richard Seeborg on 2/26/2020. (cl, COURT STAFF) (Filed on 2/27/2020)

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MATTHEW D. ALISON, OBA No. 32723
Indian and Environmental Law Group, PLLC
406 S. Boulder Ave., Suite 830
Tulsa, Oklahoma 74103
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Appearance Pro Hac Vice
Counsel for Plaintiffs
HUBERT T. LEE, NY Bar No. 4992145
United States Department of Justice
P.O. Box 7611
Washington, DC 20044
Tel: [phone]
Fax: [phone]
Email: [e-mail]
SONYA SHEA, CA Bar No. 305917
United States Department of Justice
999 18th Street
South Terrace, Suite 370
Denver, CO 80202
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Defendants
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WATERKEEPER ALLIANCE, INC., et al.
Plaintiffs,

Case No.: 3:18-cv-3521-RS

v.
STIPULATED REQUEST FOR ORDER
EXTENDING THE BRIEFING
SCHEDULE AND ORDER

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ANDREW R. WHEELER, et al.,
Defendants.

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STIPULATED REQUEST FOR ORDER EXTENDING THE BRIEFING SCHEDULE.
CASE NO. 3:18-CV-3521

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The parties submit this stipulated request for a 60-day extension of the summary
judgment briefing schedule in the above-captioned case.
In support of this request, the parties state the following:
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Plaintiffs Waterkeeper Alliance, Inc, et al. challenge a 2015 regulation that

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revised certain regulatory provisions relating to the definition of “waters of the United States”

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under the Clean Water Act. See Compl., Dkt. No. 1, ¶ 3 (challenging Clean Water Rule:

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Definition of “Waters of the United States,” 80 Fed. Reg. 37,054 (June 29, 2015) (“2015

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Rule”)).

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2.

On September 12, 2019, the Administrator of the Environmental Protection

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Agency (“EPA”) and the Assistant Secretary of the Army for Civil Works signed a final rule

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entitled “Definition of ‘Waters of the United States’—Recodification of Pre-Existing Rules”

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(“Repeal Rule”). The Repeal Rule: (1) rescinded the 2015 Rule at issue in this matter; and (2)

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recodified the text of the prior regulatory definition of “waters of the United States”. The

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Repeal Rule was published in the Federal Register on October 22, 2019, and became effective

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on December 23, 2019. 84 Fed. Reg. 56,626 (Oct. 22, 2019).

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3.

On January 23, 2020, the Administrator of EPA and the Assistant Secretary of the

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Army for Civil Works signed a final rule entitled “Navigable Waters Protection Rule:

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Definition of ‘Waters of the United States’” (“2020 Rule”). The pre-publication version is

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available on EPA’s website, https://www.epa.gov/nwpr/final-rule-navigable-waters-protection-

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rule (last visited February 19, 2020). The 2020 Rule defines “waters of the United States”

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under the Clean Water Act and is intended to replace the Repeal Rule. The 2020 Rule will be

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published in the Federal Register and will be effective 60 days thereafter.

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4.

In this case, Plaintiffs moved for summary judgment on January 9, 2020. Dkt.

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Nos. 74-75. Under this Court’s order dated November 22, 2019, Defendants’ combined

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opposition and cross-motion for summary judgment is due March 2, 2020, and Plaintiffs’ reply

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is due April 2, 2020. Dkt. No. 71.

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STIPULATED REQUEST FOR ORDER EXTENDING THE BRIEFING SCHEDULE.
CASE NO. 3:18-CV-3521

5.

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The parties seek to extend all current deadlines in the case by 60 days. The

parties request the following deadlines:
a.

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Defendant’s Combined Opposition and Cross-Motion for Summary
Judgment: May 1, 2020 and

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b.

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6.

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Plaintiffs’ Reply: June 1, 2020.

Plaintiffs intend to seek leave of the Court to amend their pleadings to add

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challenges to the Repeal Rule and the 2020 Rule. 1 A statutory prerequisite to bringing their

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claims under the Endangered Species Act, however, is to provide 60 days’ notice of their intent

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to sue to the affected agencies.
7.

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The parties will meet and confer regarding scheduling within 10 days from the

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date any motion for leave to file an amended complaint is granted. Within 14 days from the

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date of the parties’ meet and confer, the parties will file with the Court a proposed briefing

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schedule for Plaintiffs’ Repeal Rule and 2020 Rule claims.

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Dated: February 26, 2020

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Respectfully submitted,
/s/ Matthew D. Alison
MATTHEW D. ALISON, OBA No. 32723
Indian and Environmental Law Group, PLLC
406 S. Boulder Ave., Suite 830
Tulsa, Oklahoma 74103
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Plaintiffs

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Defendants reserve their right to take a position on such an amendment after seeing the
motion.
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STIPULATED REQUEST FOR ORDER EXTENDING THE BRIEFING SCHEDULE.
CASE NO. 3:18-CV-3521

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/s/ Hubert T. Lee
HUBERT T. LEE, NY Bar No. 4992145
United States Department of Justice
P.O. Box 7611
Washington, DC 20044
Tel: [phone]
Fax: [phone]
Email: [e-mail]
SONYA SHEA, CA Bar No. 305917
United States Department of Justice
999 18th Street
South Terrace, Suite 370
Denver, CO 80202
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Defendatns

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STIPULATED REQUEST FOR ORDER EXTENDING THE BRIEFING SCHEDULE.
CASE NO. 3:18-CV-3521

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ORDER

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Before the Court is the Parties’ stipulation for a 60-day extension of the summary judgment

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briefing schedule in the above-captioned case. The Parties seek to extend by 60 days both the

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March 2, 2020 deadline for Defendants’ combined opposition to Plaintiffs’ motion for summary

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judgment (Dkt. Nos. 74, 75) and cross-motion for summary judgment, and the April 2, 2020

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deadline for Plaintiffs’ reply. Upon due consideration, and for good cause shown, the Parties’

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request is hereby GRANTED.

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PURSUANT TO STIPULATION IT IS SO ORDERED THAT:
1. On or before May 1, 2020, defendants will file their combined opposition and
cross motion for summary judgment of no more than 45 pages.

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2.

On or before June 1, 2020, plaintiffs will file their reply, if any, to defendants’
combined opposition and cross motion of no more than 25 pages.

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June 25
3. The cross motions for summary judgment shall be heard on ____________, 2020,

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at _______. in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden
1:30 pm

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Gate Avenue, San Francisco, California.

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4. The parties shall meet and confer within 10 days from the date any motion for

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leave to file an amended complaint is granted and parties shall present the Court

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with a proposed schedule for the Repeal Rule and 2020 Rule claims within 14

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days from the date of the parties’ meet and confer.

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February
DATED this _____day of _______, 2020.
26th

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______

__________________________
Richard Seeborg
United States District Court Judge

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[PROPOSED ORDER] STIPULATED REQUEST FOR ORDER EXTENDING THE BRIEFING SCHEDULE
CASE NO. 3:18-CV-3521