Wildearth Guardians v. Hoover et al

Filing 42

ORDER staying deadlines subject to provisions. SEE ORDER for details. Signed by Judge Donald W. Molloy on 12/13/2016. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

FILED
DEC 13 2016
Clerf<, U.S District Court
District Of Montana
Missoula

WILDEARTH GUARDIANS,

CV 16-65-M-DWM

Plaintiff,
ORDER
vs.
CRAIG HOOVER; DANIEL ASHE;
UNITED STATES FISH AND
WILDLIFE SERVICE; SALLY
JEWELL; AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR,
Defendants,
and
MONTANA TRAPPERS
ASSOCIATION and NATIONAL
TRAPPERS ASSOCIATION,
Defendant-Intervenors.
The parties request this matter be stayed pending the completion of analysis
of the environmental impacts of the CITES export program for Appendix II
species under the National Environmental Policy Act ("Act"). Prior to this
lawsuit, no NEPA analysis was prepared for the CITES program on the grounds
that the Federal Defendants determined it was categorically excluded from NEPA
review. (See Amend. Comp., Doc. 9

at~

38.) Since then, the Federal Defendants
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have decided to prepare an Environmental Assessment, to be completed by April
2017. A stay of this case is therefore appropriate pending the completion of the
proposed environmental review. No further extensions or continuances will be
granted.
Accordingly, IT IS ORDERED that the parties' request (Docs. 39, 41) is
GRANTED. The deadlines in this matter are STAYED subject to the following
prov1s10ns:

(1)

Federal Defendants shall file their answer by December 16, 2016;

(2)

On or before March 31, 2017, Federal Defendants shall prepare and

make available for public review and comment a draft analysis under NEPA
analyzing the environmental effects of the CITES export program for Appendix II
furbearer species;
(3)

Federal Defendants shall provide notice to the parties when the draft

analysis is available for review and public comment;
(4)

On or before April 18, 201 7, Federal Defendants shall issue a final

analysis and decision under NEPA concerning the environmental effects of the
CITES export program for Appendix II furbearer species. Federal Defendants
shall provide a copy of the final analysis and decision under NEPA to the parties
and inform the Court of its issuance; and
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(5)

Within 30 days after a final analysis is prepared and decision issued,

the parties shall confer and file a status report with the Court that either requests:
(a) the matter be dismissed because the issues have been resolved; (b) the matter
proceed with a new schedule and deadlines for filing the administrative record,
amending the complaint, and briefing on summary judgment; or (c) other specific
relief.
Dated this

/~ay of December, 2016.

. M lloy, District Judge
Unite States istrict Court

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