Center for Native Ecosystems et al v. Salazar et al

Filing 73

ORDER granting 72 Respondent-Intervenors' Motion for a Stay of Proceedings, by Judge John L. Kane on 5/17/11.(gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 09-cv-1463-AP
CENTER FOR NATIVE ECOSYSTEMS,
BIODIVERSITY CONSERVATION ALLIANCE,
CENTER FOR BIOLOGICAL DIVERSITY,
DEFENDERS OF WILDLIFE, and
NATURAL RESOURCES DEFENSE COUNCIL,
Petitioners,
v.
KEN SALAZAR, Secretary of the U.S. Department of the Interior, and
ROWAN GOULD, Acting Director of the U.S. Fish and Wildlife Service,
Federal Respondents,
and
STATE OF WYOMING, WYOMING FARM BUREAU FEDERATION, and
WYOMING STOCK GROWERS ASSOCIATION,
Respondent-Intervenors.

ORDER

This matter is currently before me on Respondent-Intervenors’ Joint Motion to Stay
Merits Briefing (doc. 72). Although, as Respondent-Intervenors note, in my previous order
staying proceedings in this case I expressed a reluctance to grant any further extensions of time
delaying the briefing schedule in this case, the fundamental nature of these proceedings has
radically changed. The Federal Respondents have filed a Motion for Voluntary Remand and
Vactur (doc. 69) that would render these proceedings moot, but Respondent-Intervenors intend
to oppose this motion.

Were I to grant Federal Respondents’ motion, there would be no need for merits briefing.
Given the importance of conserving the court’s and the parties’ resources, it is important to
resolve Federal Respondent’s motion before requiring the parties to commence merits briefing.
Accordingly, the Respondent-Intervenors’ Motion for a Stay of Proceedings is GRANTED.
Should I deny the Federal Respondents’ Motion for Voluntary Remand and Vactur, RespondentIntervenors will file their merits brief within 14 days after such denial, and Petitioners will have
30 days thereafter to file their reply brief.1

Dated: May 17, 2011

BY THE COURT:
/s/ John L. Kane
Senior U.S. District Judge

1

  As noted in my orders granting the Respondent-Intervenors’ motions to intervene, the
intervenors must avoid duplicating arguments and must, if possible, file a combined brief.