Center for Biological Diversity et al v. Jewell et al

Filing 62

ORDERED: The Court hereby remands the 2014 12-month Finding on the Upper Missouri River Valley Distinct Population Segment of Arctic Grayling to the U.S. Fish and Wildlife Service ("Service") and orders the Service shall make one of the f indings set forth in 16 U.S.C. § 1533(b)(3)(B)(i)-(iii) for the Upper Missouri River Valley Distinct Population Segment of Arctic Grayling and submit such finding to the Office of the Federal Register no later than July 1, 2020. Signed by Judge Sam E Haddon on 12/17/2018. (HEG)

IN THE UNITED ST ATES DISTRICT COURT

FILED

FOR THE DISTRICT OF MONTANA

DEC 17 2018

BUTTE DIVISION

CENTER FOR BIOLOGICAL
DIVERSITY; WESTERN
WATERSHEDSPROJECT;GEORGE
WUERTHNER; PAT MUNDAY,
Plaintiffs,

Clerk, U.S. District Court
District Of Montana
Helena

No. CV 15-4-BU-SEH

ORDER

vs.

RYAN ZINKE', Secretary, U.S.
Department of the Interior, in his
official capacity; JIM KURTH, Acting
Director, U.S. Fish and Wildlife
Service, in his official capacity; and
UNITED STATES FISH AND
WILDLIFE SERVICE,
Defendants.
On August 17, 2018, the United States Court of Appeals for the Ninth
Circuit issued its Opinion remanding this case back with "directions to remand to

'The case caption is amended as shown above, to reflect the substitution of Defendants
Secretary of the Interior Zinke and Acting Director of U.S. Fish and Wildlife Service Kurth in
place of former Secretary of the Interior Jewell and former Director of U.S. Fish and Wildlife
Service Ashe. Fed. R. Civ. P. 25(d)(l).
-1-

FWS to reassess the 2014 Finding in light of[the] opinion." 2 Mandate issued on
December 7, 2018. 3
On December 11, 2018, the parties filed a Joint Motion to Enter Stipulated
Remedy Order. 4
ORDERED:
The Court hereby remands the 2014 12-month Finding on the Upper
Missouri River Valley Distinct Population Segment of Arctic Grayling to the U.S.
Fish and Wildlife Service ("Service") and orders the Service shall make one of the
findings set forth in 16 U.S.C. § 1533(b)(3)(B)(i)-(iii) for the Upper Missouri
River Valley Distinct Population Segment of Arctic Grayling and submit such
finding to the Office of tht6ederal Register no later than July 1, 2020.
DATED this _jJ_'clay of December, 2018 .

.,, SAME. HADDON
United States District Judge

2

Doc. 58 at 40.

3

Doc. 60.

4

Doc. 61.
-2-

'