California Native Plant Society, Defenders of Wildlife et al v. United States Environmental Protection Agency et al

Filing 255

ORDER re 254 Status Report filed by United States Fish And Wildlife Service, United States Army Corps Of Engineers, United States Environmental Proctection Agency. Signed by Judge Phyllis J. Hamilton on 6/1/10. (nah, COURT STAFF) (Filed on 6/1/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IGNACIA S. MORENO Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division ERIK PETERSEN Trial Attorney, D.C. Bar No. 489073 Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Tel. [phone] Fax: [phone] [e-mail] CAROL L. DRAPER Trial Attorney, PA Bar No. 39388 Natural Resources Section, P.O. Box 663 Washington, D.C. 20044-0663 Tel: [phone] Fax: [phone] [e-mail] MEREDITH WEINBERG Trial Attorney, VA Bar No. 47516 Environmental Defense Section, P.O. Box 23986 Washington, D.C. 20026-3986 Tel. [phone]; Fax: [phone] [e-mail] Attorneys for Federal Defendants IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CALIFORNIA NATIVE PLANT SOCIETY, et al., ) Case No. 4: 06-3604 PJH (JCS) ) Plaintiffs, ) STATUS REPORT ) SUBMITTED BY ) FEDERAL DEFENDANTS v. ) AND ORDER ) UNITED STATES ENVIRONMENTAL ) Judge: Honorable Phyllis J. Hamilton PROTECTION AGENCY, et al., ) ) Defendants. ) ) Pursuant to the Order dated December 2, 2008, the Federal Defendants, United States Environmental Protection Agency (USEPA, United States Fish and Wildlife Service (FWS), and United States Army Corps of Engineers (Corps), submit this Report on the Corps' progress toward preparing an Environmental Impact Statement (EIS) for the Sunridge Properties Project

Federal Defendants' Status Report Submitted May 17, 2010 Case No. 4: 06-3604 (PJH)

1 2 3

(Sunridge Properties EIS) under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., and appropriate Corps guidance, standards and policy. 1. Under the "Order Granting Motion by Plaintiffs and Federal Defendants to Stay

4 5 6 7 8 9 10 11 12 13 14 15 16 several additional steps in the process of preparing the EIS, and Corps staff have continued working 17 18 19 20 21 22 Brown submitted an Administrative Draft EIS for the Corps' review. 23 24
1

Proceedings," dated December 2, 2008 (Doc. No. 245), this action is stayed until November 17, 2010, pending the Corps' completion of the EIS, with the Corps reporting its progress to the Court on May 17, 2010 and other specified dates. 2. As Federal Defendants previously reported on November 16, 2009 (Doc. No. 251), the Corps has been working with its third party contractor, Brown and Caldwell (Brown),to prepare an EIS that will address the environmental impact of the projects known as Anatolia IV [ Permit No. 199400210], Sunridge Village J [Permit No. 200100230], Grantline 208 [Permit No. 199400365], Douglas Road 98 [Permit No. 200200568], Arista del Sol [Permit No. 200400458], and Douglas Road 103 [Permit No. 199700006] located in Rancho Cordova, California.1/ 3. Since Federal Defendants last reported to the Court in November, 2009, Brown completed

closely with Brown to provide information and commentary. 4. In January and February, 2010, Brown submitted sections of a Preliminary Draft EIS for the Corps' review and comment. 5. After addressing and incorporating comments provided by the Corps, on April 30, 2010,

25 26 27 28

/ As also previously reported, the EIS will cover the six properties listed above which, along with three additional properties, made up the Sunridge Specific Plan. The remaining three properties (North Douglas, Montelena and Sunridge Park) will not be part of the primary evaluation covered by the EIS, but will be considered in analyzing cumulative effects, along with the incremental impacts of other past, present, and reasonably foreseeable future actions. (See Federal Defendants' Status Report submitted November 16, 2009, Exhibit C.)
Federal Defendants' Status Report Submitted May 17, 2010 -2Case No. 4: 06-3604 (PJH)

1 2 3

6. The Corps is presently completing its internal review of the Administrative Draft EIS. 7. In May, 2010, the Corps circulated the Administrative Draft EIS to USEPA and the FWS and also circulated Chapters 1 and 2 of the Administrative Draft EIS describing the various projects

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Federal Defendants' Status Report Submitted May 17, 2010 -3Case No. 4: 06-3604 (PJH)

that comprise the Sunridge Specific Plan to the Intervenors. 8. Once the Corps has completed its internal review process and comments have been appropriately addressed, the Corps will release a Draft EIS for public review and comment. 9. Barring any unanticipated delays or unforeseen issues, the Corps anticipates releasing a Draft EIS for public review and comment no later than June 30, 2010. WHEREFORE, Federal Defendants request that this case remain stayed pending the Corps' completion of the EIS consistent with the Order dated December 2, 2008. Dated: May 17, 2010 Respectfully submitted,

IGNACIA S. MORENO Assistant Attorney General United States Department of Justice /s/ Carol L. Draper CAROL L. DRAPER, Trial Attorney Natural Resource Section ERIK PETERSEN, Trial Attorney Wildlife & Marine Resources Section MEREDITH WEINBERG, Trial Attorney Environmental Defense Section Attorneys for Federal Defendants OF COUNSEL: Lisa Clay U.S. Army Corps of Engineers 1325 J Street Room 1340 Sacramento, California 95814

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Thomas Hagler U.S. Environmental Protection Agency, Region 9 75 Hawthorne St., Mail Code ORC-2 San Francisco, CA 94105 Veronica Rowan FWS Office of the Regional Solicitor U.S. Department of the Interior 2800 Cottage Way Room E-1712 Sacramento, CA 95825-1890

UNIT ED

S

S DISTRICT TE C TA

6/1/10

J

ER

N

F D IS T IC T O R

Federal Defendants' Status Report Submitted May 17, 2010 -4Case No. 4: 06-3604 (PJH)

A

C

LI

FO

yllis J. udge Ph

Hamilto

n

R NIA

O OR IT IS S

DERED

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE I hereby certify that on May 17, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification to the counsel of record.

/s/ Carol L. Draper CAROL L. DRAPER

Federal Defendants' Status Report Submitted May 17, 2010 -5Case No. 4: 06-3604 (PJH)