Natural Resources Defense Council et al v. Schafer et al

Filing 19

Joint Case Management Plan (ORDER) Adm Plaintiffs Brief due by 9/25/2009. Adm Defendants Brief due by 10/30/2009. Adm Plaintiff Reply Brief due by 11/25/2009, by Judge John L. Kane on 5/29/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02371-AP NATURAL RESOURCES DEFENSE COUNCIL; and WILDERNESS WORKSHOP; Plaintiffs, v. THOMAS VILSACK, in his official capacity as the Secretary of Agriculture; US FOREST SERVICE; ANTOINE DIXON, in his official capacity as Deputy Regional Forester, Resources, of the Rocky Mountain Region; MARY MORGAN, in her official capacity as Acting Forest Supervisor for the White River National Forest; KENNETH L. SALAZAR, in his official capacity as Secretary of the Department of the Interior; and BUREAU OF LAND MANAGEMENT; Defendants. v. OXY USA INC., Intervenor-Defendant.

JOINT CASE MANAGEMENT PLAN

1. APPEARANCES OF COUNSEL For Plaintiff: Sharon Buccino Natural Resources Defense Council 1200 New York Ave., NW. Suite 400 Washington, D.C. 20005 Telephone: [phone] E-mail: [e-mail] Michael Freeman Earthjustice 1400 Glenarm Place, Suite 300 Denver, CO 80202 Telephone: [phone] E-mail: [e-mail] For Federal Defendants: Stephen Terrell, Esq. Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 663 Ben Franklin Station Washington, DC 20044-0663 Telephone: [phone] E-mail: [e-mail] David A. Carson, Esq. Environmental Defense Section Environment & Natural Resources Division U.S. Department of Justice 1961 Stout Street Denver, CO 80294 Telephone: [phone] Email: [e-mail]

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For Intervenor-Defendant: Andrew C. Emrich Trey C. Overdyke HOLLAND & HART LLP 2515 Warren Avenue, Suite 450 P.O. Box 1347 Cheyenne, Wyoming 82003-1347 Phone: [phone] Fax: [phone] [e-mail] [e-mail] 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION Plaintiffs allege that this Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question). 3. DATES OF FILING OF RELEVANT PLEADINGS A. Date Complaint was Filed: October 31, 2008 B. Date Complaint was Served on U.S. Attorney's Office: November 6, 2008 C. Date Court granted OXY U.S.A.'s Motion to Intervene: December 9, 2008 D. Date Answer was Filed: January 26, 2009 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The Federal Defendants shall file the administrative record in this case with the Court no later than June 12, 2009. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Parties shall consult regarding any disputes over the record. Plaintiffs and IntervenorDefendant shall provide to Federal Defendants a list of documents proposed to be added or deleted from the record on or before July 10, 2009. Federal Defendants shall respond to any

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requests for documents to be added or deleted from the record on or before August 7, 2009. A revised record or supplements to the administrative record, if any, shall be filed on or before August 7, 2009. Plaintiffs and Intervenor-Defendant shall file any motions to supplement the administrative record, strike portions of the administrative record, or for leave to take discovery, if necessary, by August 28, 2008. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES Parties do not at this point anticipate unusual claims or defenses. Plaintiffs have alleged that Federal Defendants actions in approving oil and gas drilling in Colorado's White River National Forest were unlawful under the National Environmental Policy Act, the National Forest Management Act, the Federal Land Policy and Management Act and Clean Air Act. Defendants anticipate defending the lawfulness of the actions based on the administrative record in the case. 7. POTENTIAL FOR SETTLEMENT The parties believe that settlement may be possible in this case. Plaintiffs shall provide an initial settlement proposal to Federal Defendants and Intervenor-Defendant no later than July 23, 2009. Federal Defendants shall schedule a meeting with Plaintiffs and Intervenor-Defendant to discuss Plaintiffs' proposal within 30 days of receipt of the settlement proposal. The parties shall file a status report on or before September 10, 2009, regarding the progress of settlement discussions. If requested by any of the parties, the Court shall schedule a status conference at its earliest convenience following submission of the status report for the purposes of assessing whether any additional actions may be justified to facilitate settlement discussions.

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8. MERITS BRIEFING SCHEDULE The following briefing schedule is premised on the assumption that no motions will be filed pursuant to Paragraph 5. In the event that a motion or motions are filed regarding the record, Plaintiffs shall file a motion with the Court to amend the briefing schedule to provide for resolution of issues regarding the record prior to preparation of an opening brief. A. Plaintiffs' Opening Brief Due: September 25, 2009 B. Defendants' and Intervenor-Defendant's Brief Due: October 30, 2009 C. Plaintiffs' Reply Brief Due: November 25, 2009. Any dispositive motions filed by Federal Defendants and Intervenor-Defendant shall be filed no later than October 30, 2009. Any parties seeking to intervene following entry of this case management order shall agree to the schedule herein and briefing shall be limited to issues not addressed in Federal Defendants' brief or the brief of existing Intervenor-Defendant OXY USA Inc. The annual winter stipulations attached to the oil & gas leases at issue in this case extend from December 1 through April 30. Intervenor-Defendant OXY presently intends to begin construction activities on these leases on or about May 1, 2010. 9. STATEMENTS REGARDING ORAL ARGUMENT Parties request oral argument in order to highlight the key elements of their respective briefs and to respond to facts or arguments raised in opposition briefs. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Parties do not at this time consent to exercise of jurisdiction by magistrate judge in this matter.

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11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause. DATED this 29th day of May, 2009.

BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED BY:

s/ Sharon Buccino Sharon Buccino Natural Resources Defense Council 1200 New York Ave., NW. Suite 400 Washington, D.C. 20005 Telephone: [phone] E-mail: [e-mail] Michael Freeman Earthjustice 1400 Glenarm Place, Suite 300 Denver, CO 80202 Telephone: [phone] E-mail: [e-mail] Attorneys for Plaintiffs

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__s/ Stephen Terrell_______________ Stephen Terrell, Esq. Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 663 Ben Franklin Station Washington, DC 20044-0663 Telephone: [phone] E-mail: [e-mail] David A. Carson, Esq. Environmental Defense Section Environment & Natural Resources Division U.S. Department of Justice 1961 Stout Street Denver, CO 80294 Telephone: [phone] Email: [e-mail] Attorneys for Federal Defendants __s/ Andrew Emrich___________ Andrew C. Emrich Trey C. Overdyke HOLLAND & HART LLP 2515 Warren Avenue, Suite 450 P.O. Box 1347 Cheyenne, Wyoming 82003-1347 Phone: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Intervenor-Defendant

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