Citizens For A Healthy Community et al v. United States Forest Service et al

Filing 25

Joint Case Management Plan for Petition for Review of Agency Action. Adm Plaintiffs Brief due by 7/25/2014. Adm Defendants Brief due by 8/25/2014. Adm Plaintiff Reply Brief due by 9/18/2014 by Judge John L. Kane on 06/26/27. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00284-AP
CITIZENS FOR A HEALTHY COMMUNITY,
HIGH COUNTRY CONSERVATION ADVOCATES, formerly known as High
Country Citizens’ Alliance,
Plaintiffs,
v.
UNITED STATES FOREST SERVICE;
SCOTT G. FITZWILLIAMS;
RHONDA O’BYRNE; LEVI BROYLES,
Federal Defendants,
and
SG INTERESTS I, LTD.;
SG INTERSTS VII, LTD.,
Defendant-Intervenors.

JOINT CASE MANAGEMENT PLAN FOR PETITION FOR REVIEW OF
AGENCY ACTION

1.

APPEARANCES OF COUNSEL

For Petitioners:
KYLE J. TISDEL
Western Environmental Law Center
208 Paseo del Pueblo Sur, Suite 602
Taos, New Mexico 87571
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JOINT CASE MANAGEMENT PLAN

MEGAN ANDERSON O’REILLY
Western Environmental Law Center
208 Paseo del Pueblo Sur, Suite 602
Taos, New Mexico 87571
Telephone: [phone]
Facsimile: [phone]
[e-mail]
ALLISON N. MELTON
High Country Conservation Advocates
PO Box 1066
Crested Butte, Colorado 81224
Telephone: [phone]
Facsimile: [phone]
[e-mail]
For Respondents:
SAM HIRSCH
Acting Assistant Attorney General
BEVERLY F. LI
Trial Attorney - Natural Resources Section
U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611
Washington, DC 20044-7611
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JOHN F. WALSH
United States Attorney
JOHANNA HAMBURGER
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, CO 80202
Telephone: [phone]
[e-mail]

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For Intervenors, SG Interests I, Ltd. and SG Interests VII, Ltd.:
REBECCA W. WATSON
BRIAN S. TOOLEY
JENNIFER CADENA
1125 17th Street, Ste. 2200
Denver, CO 80202
Telephone: [phone]
[e-mail]
[e-mail]
[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 Intervenors may
assert that Petitioners lack standing to assert some or all of the claims in the
Complaint, may assert that Petitioners have waived and/or failed to exhaust
some or all of their administrative remedies, and may assert that final agency
action is lacking for some or all of Petitioners’ claims.
3.

DATES OF FILING OF RELEVANT PLEADINGS
A.

Date Petition for Review Was Filed: February 4, 2014

B.

Date Petition for Review Was Served on U.S. Attorney's Office:
February 10, 2014

C.

Date Answers or Other Responses Were Filed:
Respondents’ Answer was filed on April 11, 2014.
Intervenors’ Proposed Answer was filed on April 29, 2014 and
accepted by the Court on June 12, 2014.
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4.

STATEMENT(S) REGARDING WHETHER THIS CASE RAISES
UNUSUAL CLAIMS OR DEFENSES
None.

5.

OTHER MATTERS
In the event that the Bureau of Land Management approves the pending

Application for Permit to Drill for the challenged Federal 11-90-9 #3 Well Surface
Use Plan of Operations, Intervenors intend to begin ground-disturbing activities
promptly. In this event, Petitioners may find it necessary to file a motion for a
temporary restraining order or preliminary injunction.
Petitioners have requested that Intervenors agree to a stay of grounddisturbing activities or agree to provide two weeks’ notice before any such
activities occur. Given the short field season, Intervenors are unwilling to agree
to these requests. Respondents take no position on whether a stay or notice
should be required by Intervenors. However, by regulation Respondents receive
48 hours notice in advance of ground-disturbing activities, and agree to provide
Petitioners such notice on the following business day.
. Petitioners request guidance from the Court regarding this dispute
concerning the requirement of a stay and/or notice of ground-disturbing activities.
In the event that an emergency motion is filed during the pendency of this
case, the moving party may also file a motion to extend the merits briefing
schedule.

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6.

BRIEFING SCHEDULE
A.

Deadline for Serving Draft Administrative Record:
A draft Administrative Record was served on the parties on May 16,
2014. The draft Administrative Record was Bates numbered and
provided in a searchable electronic format on a flash drive.

B.

Deadline for Parties to Confer on Record Disputes:
Petitioners notified Respondents before June 13, 2014 about
documents they believe should be included in the Administrative
Record.

C.

Deadline for Filing Administrative Record:
Respondents shall file the Administrative Record with the Court by
June 27, 2014.

D.

Deadline for Filing Motions to Complete and/or Supplement the
Administrative Record:
The Parties do not anticipate filing motions to complete and/or
supplement the Administrative Record. Nonetheless, the deadline
for filing any motions to complete and/or supplement the
Administrative Record will be July 11, 2014. The Response and
Reply deadlines for any such motions will be governed by
D.C.COLO.L.Civ.R. 7.1(C).

E.

Petitioner's Opening Brief Due: July 25, 2014.

F.

Respondent's Response Brief Due: August 25, 2014.
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G.

Intervenors’ Response Brief Due: September 4, 2014.

H.

Petitioner’s Reply Brief (If Any) Due: September 18, 2014.

7. STATEMENTS REGARDING ORAL ARGUMENT
Joint Statement
The Parties agree that oral argument could be helpful to the Court. Parties
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 5.1 and
D.C.COLO.LCivR 6.1.
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.

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DATED this 26th day of June, 2012.

BY THE COURT
s/John L. Kane
U.S. District Court Judge
APPROVED this 26th day of June, 2014:
/s/_Kyle J. Tisdel________________
KYLE J. TISDEL
Western Environmental Law Center
208 Paseo del Pueblo Sur, Suite 602
Taos, New Mexico 87571
(p) 575.613.8050
(f) 575.751.1775
[e-mail]
MEGAN ANDERSON O’REILLY
Western Environmental Law Center
208 Paseo del Pueblo Sur, Suite 602
Taos, New Mexico 87571
(p) 575.613.4195
(f) 575.751.1775
[e-mail]
ALLISON N. MELTON
High Country Conservation
Advocates
PO Box 1066
Crested Butte, Colorado 81224
(p) 970.349.7104
(f) 970.349.0164
[e-mail]

SAM HIRSCH
Acting Assistant Attorney General
_s/ Beverly F. Li_______________
BEVERLY F. LI (WSBA #33267)
Trial Attorney - Natural Resources
Section
U.S. Department of Justice
Environment & Natural Resources
Division
P.O. Box 7611
Washington, DC 20044-7611
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JOHN F. WALSH
United States Attorney
JOHANNA HAMBURGER
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, CO 80202
Tel: [phone]
[e-mail]
Attorneys for Respondents

Attorneys for Petitioners

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__/s/ Rebecca W. Watson____
REBECCA W. WATSON
BRIAN S. TOOLEY
JENNIFER CADENA
Welborn Sullivan Meck & Tooley, P.C.
1125 17th Street, Suite 2200
Denver, CO 80202
303-830-2500
[e-mail]
[e-mail]
[e-mail]
Attorneys for Intervenors

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