High Country Citizens' Alliance et al v. United States Forest Service et al

Filing 37

JOINT CASE MANAGEMENT PLAN (ORDER). Adm Plaintiffs Brief due by 12/13/2013. Adm Defendants Brief due by 1/17/2014. Adm Plaintiff Reply Brief due by 2/12/2014. By Judge John L. Kane on 8/6/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:13-cv-01723-AP
HIGH COUNTRY CITIZENS’ ALLIANCE,
WILDEARTH GUARDIANS, and SIERRA CLUB,
Plaintiffs,
v.
UNITED STATES FOREST SERVICE, BUREAU
OF LAND MANAGEMENT, UNITED STATES
DEPARTMENT OF THE INTERIOR, DANIEL
JIRÓN, in his official capacity as Regional Forester
for the U.S. Forest Service’s Rocky Mountain
Region, SCOTT ARMENTROUT, in his official
capacity as Supervisor of the Grand Mesa,
Uncompahgre, and Gunnison National Forests, and
HELEN HANKINS, in her official capacity as the
Bureau of Land Management’s Colorado State Office
Director
Defendants,
and
ARK LAND COMPANY, INC., and MOUNTAIN
COAL COMPANY, L.L.C.,
Intervenor-Defendants

JOINT CASE MANAGEMENT PLAN

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1.

APPEARANCES OF COUNSEL

For the Plaintiffs
EDWARD B. ZUKOSKI
Earthjustice
1400 Glenarm Place; Suite 300
Denver, CO 80202
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]

For the Federal Defendants
ROBERT G. DREHER
Acting Assistant Attorney General
Environment & Natural Resources Division
DAVID B. GLAZER
Natural Resources Section
Environment & Natural Resources Division
United States Department of Justice
301 Howard Street, Suite 1050
San Francisco, CA 94105
Tel:
[phone]
Fax:
[phone]
Email:
[e-mail]

For the Intervenor-Defendants
MICHAEL R. DRYSDALE
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]

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SCOTT P. SINOR
Dorsey & Whitney LLP
1400 Wewatta Street, Suite 400
Denver, CO 80202
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]
2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

The Court has jurisdiction based on the presentation of federal question, 28 U.S.C. § 1331.
Anticipated jurisdictional defenses: Respondents and/or Intervenor-Defendants may assert that
Plaintiffs lack standing to assert some or all of the claims in the Second Amended Complaint.
3.

DATES OF FILING OF RELEVANT PLEADINGS
A.

B.

Date Petition for Review Was Served on U.S. Attorney's Office: July 3, 2013

C.

4.

Date Petition for Review Was Filed: July 2, 2013, amended July 5, 2013 and
July 24, 2013

Date Answer or Other Response Was Filed: For Intervenor-Defendants, July
10, 2013. Federal Defendants’ Response will be filed by September 3, 2013.

STATEMENT(S) REGARDING WHETHER THIS CASE RAISES UNUSUAL
CLAIMS OR DEFENSES

None.
5.

OTHER MATTERS

Scheduling – A motion for a Temporary Restraining Order/Preliminary Injunction was filed July
5, 2013 and scheduled to be heard July 11, 2013. Following a ruling by the Interior Board of
Land Appeals on July 10, 2013, the Parties negotiated a Stipulation, filed July 24, 2013, that
obviated the need for resolution of the Temporary Restraining Order/Preliminary Injunction
motion. Pursuant to that Stipulation, the Parties are seeking to submit the case for resolution on
the merits on the earliest reasonable schedule. Consequently, the deadlines for various
submissions in this JCMP are more accelerated than is provided in the template.

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6.

BRIEFING SCHEDULE
A.

Deadline for Filing Administrative Record:

There are four challenged decisions: (1) the June 27, 2013 Decision Record for the Sunset Trail
Area Coal Exploration Plan;1 (2) the August 2, 2012 Forest Service Record of Decision
approving Lease Modifications COC-1362 and COC-67232 (“FS-ROD”); (3) the December
2012 Bureau of Land Management Record of Decision approving Lease Modifications COC1362 and COC-67232 (“BLM-ROD”) and (4) promulgation of the “North Fork Exemption” to
the Colorado Roadless Rule 36 C.F.R. § 294.43(c)(1)(ix). Each will have its own administrative
record (“AR”). Deadlines for distribution of drafts of the Administrative Records (ARs) are:
(1)
(2)
(3)
(4)
B.
(1)
(2)
(3)
(4)

June 27, 2013 Decision Record AR -FS ROD -BLM ROD -Colorado Roadless Rule AR --

September 17, 2013
October 1, 2013
October 1, 2013
October 22 , 2013

Deadlines for Parties to Confer on Record Disputes:
June 27, 2013 Decision Record AR -FS ROD -BLM ROD -Colorado Roadless Rule AR --

September 30, 2013
October 21, 2013
October 21, 2013
November 12, 2013

C.

Deadline for Filing Motions to Complete and/or Supplement the
Administrative Record: December 3, 2013.

D.

Deadline for Filing the Administrative Records: December 3, 2013.

E.

Petitioners’ Opening Brief Due: December 13, 2013.

F.

Respondents’ Response Brief Due: January 17, 2014.

G.

Intervenors’ Response Brief (if any) Due: January 22, 2014.

H.

Petitioner’s Reply Brief Due: February 12, 2014.

1

There is a potential disagreement among the parties as to whether the Forest Service
concurrence to the June 27, 2013 Decision Record constitutes a separate challengeable decision.
The Parties agree that documents considered by the Forest Service pursuant to its concurrence
should be included in the Administrative Record.
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7. STATEMENTS REGARDING ORAL ARGUMENT
Joint Statement
The Parties agree that oral argument could be helpful to the Court, given the complexity of the
dispute, and request oral argument to the extent it would assist the Court in reaching a determination
on the merits.
8. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
A.

( )

All parties have consented to the exercise of jurisdiction of a
United States Magistrate Judge.

B.

(X)

All parties have not consented to the exercise of jurisdiction of a
United States Magistrate Judge.

9. OTHER MATTERS
The Parties acknowledge the requirements of D.C.COLO.LCivR 5.1G and D.C.COLO.LCivR
6.1E.
10. 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. The parties agree that if disputes over the need to supplement, complete,
or strike portions of the administrative record(s) cannot be resolved without briefing, the parties
will propose modifying this Joint Case Management Plan’s deadlines for filing an amended
complaint and opening, responsive, and reply briefs on the merits.
Future Amendments to the Complaint.
Plaintiffs’ Position: Plaintiffs reserve the right to seek the Court’s leave to further amend their
complaint and the right to request an enlargement of the briefing schedule to accommodate
resolution on the merits of all of Plaintiffs’ claims. Plaintiffs reserve this right because it is
possible that upon reviewing the administrative records, Plaintiffs may identify a good faith basis
for an additional claim or additional claims.
Federal Defendants’ and Defendant-Intervenors’ Position: The Federal Defendants and
Defendant Intervenors reserve the right to oppose any such amendment or request for
enlargement of the briefing schedule. They reserve these rights because they do not know what
amendments Plaintiffs may seek, the Parties have previously stipulated to a need for expeditious
resolution on the merits, and because the scope of Plaintiffs’ claims should presently be
reasonably discernible based upon Plaintiffs’ stated interests and the Federal Defendants’
publicly stated reasons for the challenged decisions.
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DATED this 6th day of August, 2013.

BY THE COURT
s/John L. Kane
Senior U.S. District Judge
APPROVED:
ROBERT G. DREHER
Acting Assistant Attorney General
Environment & Natural Resources Division
s/David B. Glazer, with permission 8/5/13
____________________________________
DAVID B. GLAZER
Natural Resources Section
Environment & Natural Resources Division
United States Department of Justice
301 Howard Street, Suite 1050
San Francisco, CA 94105
Tel:
[phone]
Fax:
[phone]
Email:
[e-mail]
ATTORNEYS FOR THE FEDERAL DEFENDANTS

s/ Edward B. Zukoski
____________________________________
EDWARD B. ZUKOSKI
Earthjustice
1400 Glenarm Place; Suite 300
Denver, CO 80202
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]
ATTORNEY FOR PLAINTIFFS HIGH COUNTRYCITIZENS’ ALLIANCE, WILDEARTH
GUARDIANS, AND SIERRA CLUB

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DORSEY & WHITNEY LLP
s/Michael R. Drysdale, with permission 8/5/13
____________________________________
MICHAEL R. DRYSDALE
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]
SCOTT P. SINOR
Dorsey & Whitney LLP
1400 Wewatta Street, Suite 400
Denver, CO 80202
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]
ATTORNEYS FOR INTERVENOR DEFENDANTS ARK LAND COMPANY, INC. AND
MOUNTAIN COAL COMPANY L.L.C.

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