WildEarth Guardians v. U.S. Bureau of Land Management

Filing 35

ORDER Granting Motion to Dismiss 32 . Defendant's Motion to Dismiss is Granted. This case is Dismissed With Prejudice by Judge John L. Kane on 12/17/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-cv-00128-JLK
WILDEARTH GUARDIANS,
Plaintiff,
v.
U.S. BUREAU OF LAND MANAGEMENT,
Defendant,
CHESAPEAKE EXPLORATION, LLC,
Intervenor-Defendant.
ORDER GRANTING MOTION TO DISMISS, DOC. 32
Kane, J.
For the reasons set forth below, Defendant’s motion to dismiss this case with prejudice,
Doc. 32, is granted.
On January 13, 2012, Plaintiff and Defendant entered a stipulation settling the above
captioned case. Doc. 30-1. The Court entered the parties’ stipulation on January 17, 2012.
Doc. 31. The stipulation obligated the Bureau of Land Management (“BLM”) to “prepare an
emissions inventory for oil and gas operations for the Royal Gorge Field Office Planning Area,
which includes Weld and Morgan Counties and the Denver Metro/North Front Range 8-Hour
Ozone Nonattainment Area.” Id. at ¶ 1.
The stipulation also provided that, “[u]pon entry of this Stipulation and Order by the
Court, this case shall be administratively closed under Rule 41.2 of the Local Rules for the
United States District Court for the District of Colorado. Upon BLM’s notification in writing to
the Court and the Plaintiff of BLM’s completion of the air emissions inventory mentioned in
Paragraph 1, the Court shall dismiss this case with prejudice.” Id. at ¶ 6.

The BLM has now provided written notice to the Court and the Plaintiff that the BLM
has completed the air emissions inventory required by paragraph 1 of the stipulation. Therefore
pursuant to paragraph 6 of the stipulation the Court finds that dismissal of this matter with
prejudice is appropriate.
Defendant’s motion to dismiss is GRANTED. This case is DISMISSED WITH
PREJUDICE.

DATED:

December 17, 2013

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