The Center for Biological Diversity v. Kempthorne et al

Filing 59

JOINT STIPULATION AND ORDER TO AMEND SETTLEMENT AGREEMENT AFFIRMED BY THIS COURT ON 5/1/2009 re 58 Stipulation, filed by H. Dale Hall, United States Fish And Wildlife Service, The Center for Biological Diversity, Dirk Kempthorne. Signed by Judge Phyllis J. Hamilton on 11/30/10. (ig, COURT STAFF) (Filed on 11/30/2010)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division SETH M. BARSKY, Acting Chief KRISTEN L. GUSTAFSON, Assistant Chief CLIFFORD E. STEVENS, JR., Trial Attorney (D.C. Bar # 463906) U.S. Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section P.O. Box 7369 Washington, DC 20044-7369 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Federal Defendants IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

12 13 14 vs. 15 KEN SALAZAR, et al., 16 Defendants, 17 and 18 19 20 21 22 23 24 Intervenor. 25 26 SAND CITY, CALIFORNIA and SAND CITY REDEVELOPMENT AGENCY, Intervenor, SECURITY NATIONAL GUARANTY, INC., Intervenor, FRIENDS OF OCEANO DUNES, INC. and OXFOOT ASSOCIATES, LLC, CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:08-cv-4594-PJH

JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND SETTLEMENT AGREEMENT AFFIRMED BY THIS COURT ON MAY 1, 2009

Plaintiff the Center for Biological Diversity ("Plaintiff") and Defendants Ken
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Salazar,1/ Secretary of the United States Department of the Interior; Rowan Gould,2/ Acting Director of the United States Fish and Wildlife Service; and the United States Fish and Wildlife Service ("Service") (collectively, "Federal Defendants") declare as follows: WHEREAS, this Court adopted a stipulated settlement agreement ("Agreement") between Plaintiff and Federal Defendants as an enforceable order of this Court on May 1, 2009, Dkt. No. 56; WHEREAS, the Agreement currently states: The Service will conduct a rulemaking to consider potential revisions to the designated critical habitat for the Pacific Coast population of the western snowy plover under Sections 4(b)(2) and 4(a)(3)(B) of the ESA, according to the following schedule: a. on or before December 1, 2010, the Service will submit to the Federal Register for publication a proposed regulation setting forth any proposed revisions to the critical habitat; and b. on or before June 5, 2012, the Service will submit to the Federal Register for publication a final determination on any proposed revisions to the critical habitat. Dkt. No. 55-2 at ¶ 1;

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WHEREAS, the Agreement states that, "[t]he Parties may seek to modify the deadlines specified in Paragraph 1 for good cause shown, consistent with the Federal Rules of Civil Procedure," Dkt. No. 55-2 at ¶ 2; WHEREAS, because consideration of issues relating to the determination have proven to be more complex than anticipated, FWS needs three additional months to issue the proposed regulation setting forth any proposed revisions to the critical habitat; WHEREAS, the parties to the Agreement have agreed that extending the deadline for the proposed regulation is acceptable and appropriate; NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS FOLLOWS: Paragraph 1 of the Agreement shall be revised to read as follows:

21 22 23 24 25 26 27 28 / Pursuant to Fed. R. Civ. P. 25(d), Ken Salazar is substituted as a defendant for Dirk Kempthorne. / Hall.
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The Service will conduct a rulemaking to consider potential revisions to the designated critical habitat for the Pacific Coast population of the western snowy plover under Sections 4(b)(2) and 4(a)(3)(B) of the ESA, according to the following schedule: a. on or before March 1, 2011, the Service will submit to the Federal Register

Pursuant to Fed. R. Civ. P. 25(d), Rowan Gould is substituted as a defendant for H. Dale -2-

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for publication a proposed regulation setting forth any proposed revisions to the critical habitat; and b. on or before June 5, 2012, the Service will submit to the Federal Register for publication a final determination on any proposed revisions to the critical habitat. IT IS SO AGREED AND AFFIRMED,

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Dated: 11/30/2010

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Honorable Phyllis J. Hamilton Judge, United States District Court

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Dated: November, 24 2010 Respectfully submitted, IGNACIA S. MORENO Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division SETH M. BARSKY, Acting Section Chief KRISTEN L. GUSTAFSON, Assistant Chief Dated: November 24, 2010 By: /s/ Clifford E. Stevens, Jr. CLIFFORD E. STEVENS, JR., Trial Attorney Wildlife and Marine Resources Section P.O. Box 7369 Washington, DC 20044-7369 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Federal Defendants Dated: November 24, 2010 By: /s/ John T. Buse John T. Buse (CA Bar # 163156) Center for Biological Diversity 5656 S. Dorchester #3 Chicago , IL 60637 Telephone: [phone] Facsimile: 610-885-2187 [e-mail] Counsel for Plaintiff

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