Center for Biological Diversity v. United States Bureau of Land Management et al

Filing 54

ORDER Granting 52 Joint Case Management Statement. Signed by Magistrate Judge Cam Ferenbach on 10/17/14. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-00226-APG-VCF Document 52 Filed 10/17/14 Page 1 of 7

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
SOUTHERN DIVISION

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CENTER FOR BIOLOGICAL DIVERSITY, )
)
Plaintiff,
)
vs.
)
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UNITED STATES BUREAU OF LAND
)
MANAGEMENT, et al.,
)
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Defendants,
)
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and
)
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SOUTHERN NEVADA WATER
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AUTHORITY,
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Defendant-Intervenor.
)
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WHITE PINE COUNTY, et al.,
)
)
Plaintiffs,
)
)
vs.
)
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UNITED STATES BUREAU OF LAND
)
MANAGEMENT, et al.,
)
)
Defendants,
)
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and
)
)
SOUTHERN NEVADA WATER
)
AUTHORITY,
)
)
Defendant-Intervenor.
)
_____________________________________ )

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Case No. 2:14-cv-00226-APG-VCF

JOINT CASE MANAGEMENT
STATEMENT

Case No. 2:14-cv-00228-APG-VCF
(Consolidated)

Counsel for all parties in these two consolidated cases have conferred and propose the

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following joint case management statement and schedule to govern the proceedings in both cases.

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The parties agree that these are actions for review on an administrative record pursuant to the

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Administrative Procedure Act, 5 U.S.C. § 706 et seq., and therefore shall proceed in accordance

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with Local Rule 16-1(c)(1). The parties are requesting longer than usual briefing periods and
JOINT CASE MANAGEMENT STATEMENT

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Case 2:14-cv-00226-APG-VCF Document 52 Filed 10/17/14 Page 2 of 7

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extensions of the page limits due to the voluminous Administrative Record that is being prepared

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for the challenged actions and the large number of claims and complexities that are involved.

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The parties are in agreement that this case will very likely be resolved on cross motions for

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summary judgment. The parties note that the United States’ Partial Motion to Dismiss certain

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Tribal claims in the White Pine County case [Dkt. No. 31] is still pending before the Court. The

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government’s motion was initially filed under Case No. 2:14-cv-00228-ASB, and later refiled

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under consolidated Case No. 2:14-cv-00226-APG-VCF on June 10, 2014. The substance and

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timing of the Court’s decision on the Partial Motion to Dismiss may cause the parties to seek

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modifications to the proposed schedule described below. The parties agree that, depending on

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the Court’s ruling on the Partial Motion to Dismiss certain Tribal claims, the Tribes reserve the

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option to file separate briefs on the Tribal claims, within the collective page limits set forth

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below for the White Pine County Plaintiffs. If the Tribes do so, Federal Defendants and

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Defendant-Intervenor may also file separate briefs on the issues briefed by the Tribes within the

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collective page limits established for the White Pine County case.

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All proposed deadlines below are for both consolidated cases.
1.

Lodging of the Administrative Record1:

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November 21, 2014.

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The parties agree, subject to the Court’s approval that the administrative record may be

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submitted in electronic form on hard drives rather than in paper form.

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2.

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Deadline for Seeking Leave to Amend Complaint:
January 30, 2015.

1 Federal Defendants will lodge one Administrative Record for both cases. Plaintiffs agree that
for most claims in these two cases, the Court’s review is limited to the Administrative Record,
subject to certain limited exceptions. The complaints in both cases, however, include a claim
seeking to compel the Federal Defendants to prepare a “Supplemental Environmental Impact
Statement” (SEIS) pursuant to the National Environmental Policy Act. An action to compel an
agency to prepare an SEIS is not a challenge to a final agency decision, but rather an action
arising under 5 U.S.C. § 706(1), and therefore judicial review is not limited to the record as it
existed at any single point in time. Friends of the Clearwater v. Dombeck, 222 F.3d 552, 560
(9th Cir. 2000). The Federal Defendants and Defendant-Intervenor reserve the right to oppose
any motion to supplement should one be filed.
JOINT CASE MANAGEMENT STATEMENT

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Case 2:14-cv-00226-APG-VCF Document 52 Filed 10/17/14 Page 3 of 7

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3.

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Deadline for Parties to Confer on Record Disputes:
February 17, 2015.

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Deadline for Filing Motion to Complete and/or Supplement the Administrative Record:

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March 17, 2015.

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If a motion to complete and/or supplement the Administrative Record is filed, any

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opposition will be due within 21 days after the filing of the motion, and the movant’s reply will

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be due within 14 days after the filing of the opposition. If a motion to complete and/or

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supplement is filed, the summary judgment briefing schedule set forth below shall be stayed

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pending the Court’s resolution of the motion. Within 10 days of an order of the Court resolving

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the motion to complete and/or supplement, the parties shall jointly submit a proposed revised

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summary judgment briefing schedule.

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Assuming that no motion to complete and/or supplement the Administrative Record is

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filed, summary judgment briefing shall proceed as follows:

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Deadline for each set of Plaintiffs to file: a) a concise statement of undisputed material

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facts; b) summary judgment motions; and, c) supporting opening briefs (Plaintiff in

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Center for Biological Diversity will be limited to 40 pages, and Plaintiffs in White Pine

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County, et al. will be limited collectively to 60 pages):

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May 1, 2015

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6.

Deadline for the Federal Defendants to file their responses to each of Plaintiffs’ motions,

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and: a) a concise statement of undisputed materials facts; b) summary judgment motions;

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and, c) supporting opening briefs (the combined response and opening brief in response

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to each set of Plaintiffs’ briefs will be limited to 40 pages in the Center for Biological

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Diversity case and 60 pages in the White Pine County case):

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July 10, 2015

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7.

Deadline for the Defendant-Intervenor to file its responses to each of Plaintiffs’ motions,

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and: a) a concise statement of undisputed materials facts; b) summary judgment motions;

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and, c) supporting opening briefs (the combined response and opening brief in response

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JOINT CASE MANAGEMENT STATEMENT

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Case 2:14-cv-00226-APG-VCF Document 52 Filed 10/17/14 Page 4 of 7

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to each set of Plaintiffs’ briefs will be limited to 40 pages in the Center for Biological

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Diversity case and 60 pages in the White Pine County case):

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July 17, 2015

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8.

Deadline for each set of Plaintiffs to file their combined response and reply briefs

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(Plaintiff in Center for Biological Diversity will be limited to 40 pages, and Plaintiffs in

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White Pine County, et al. will be limited collectively to 60 pages):

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September 4, 2015

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9.

Deadline for the Federal Defendants to file their final reply briefs to each of the

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Plaintiffs’ replies (Defendants’ reply in the Center for Biological Diversity case will be

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limited to 30 pages, and Defendants’ reply in the White Pine County case will be limited

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to 45 pages):

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October 23, 2015.

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10.

Deadline for the Defendant-Intervenor to file its final reply briefs to each of the

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Plaintiffs’ replies (Defendant-Intervenor’s reply in the Center for Biological Diversity

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case will be limited to 30 pages, and Defendant-Intervenor’s reply in the White Pine

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County case will be limited to 45 pages):

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October 30, 2015.

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Respectfully submitted on October 17, 2014.

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_/s/ Marc Fink__________________
Marc Fink (MN Bar No. 343407)
Center for Biological Diversity
209 East 7th Street
Duluth, Minnesota 55805
Tel: [phone]
[e-mail]

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10-17-2014

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Julie Cavanaugh-Bill (NV Bar No. 11533)
Cavanaugh-Bill Law Offices, LLC
Henderson Bank Building
401 Railroad Street, Suite 307
Elko, Nevada 89801
Tel: [phone]
[e-mail]

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JOINT CASE MANAGEMENT STATEMENT

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Case 2:14-cv-00226-APG-VCF Document 52 Filed 10/17/14 Page 5 of 7

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Attorneys for Plaintiff Center for Biological
Diversity

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_/s/ Simeon Herskovits______________
Simeon Herskovits, Nevada Bar No. 11155
ADVOCATES FOR COMMUNITY
AND ENVIRONMENT
P.O. Box 1075
El Prado, New Mexico 87529
Phone: [phone]
Fax: [phone]
[e-mail]

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Kelly C. Brown, Nevada Bar No. 5591
White Pine County District Attorney
County Courthouse
801 Clark St., Suite 3
Ely, Nevada 89301
Phone: [phone]
Fax: [phone]
[e-mail]

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Paul Echo Hawk, pro hac vice
P. O. Box 2634
Kirkland, WA 98083
Telephone: [phone]
[e-mail]

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Attorneys for Plaintiffs White Pine County, Nevada;
Great Basin Water Network; Central Nevada
Regional Water Authority; Sierra Club;; Ely
Shoshone Tribe; Duckwater Shoshone Tribe; Baker,
Nevada, Water & Sewer General Improvement
District; Utah Physicians for a Healthy
Environment; Utah Rivers Council; Utah Audubon
Council; and League of Woman Voters of Salt Lake,
Utah

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__/s/ Rovianne A. Leigh________________
Rovianne A. Leigh, pro hac vice
Curtis G. Berkey, pro hac vice
Scott W. Williams, pro hac vice
Berkey Williams LLP
2030 Addison Street, Suite 410
Berkeley, California 94704
Telephone: [phone]

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JOINT CASE MANAGEMENT STATEMENT

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Case 2:14-cv-00226-APG-VCF Document 52 Filed 10/17/14 Page 6 of 7

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Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Paul Echo Hawk, pro hac vice
P. O. Box 2634
Kirkland, WA 98083
Telephone: [phone]
[e-mail]

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Julie Cavanaugh-Bill (NV Bar No. 11533)
Cavanaugh-Bill Law Offices, LLC
Henderson Bank Building
401 Railroad Street, Suite 307
Elko, Nevada 89801
Tel: [phone]
[e-mail]

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Attorneys for Plaintiffs Confederated Tribes of the
Goshute Reservation

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__/s/ Luther L. Hajek___________________
DANIEL G. BOGDEN
United States Attorney
District of Nevada
BLAINE T. WELSH
Assistant United States Attorney
Nevada State Bar No. 4790
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]

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SAM HIRSCH
Acting Assistant Attorney General
Environment and Natural Resources Division
LUTHER L. HAJEK
Trial Attorney, Natural Resources Section
United States Department of Justice
Environment and Natural Resources Div.
999 18th St., South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Facsimile: 303-844-1350
Email: [e-mail]

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JOINT CASE MANAGEMENT STATEMENT

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Case 2:14-cv-00226-APG-VCF Document 52 Filed 10/17/14 Page 7 of 7

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MAUREEN RUDOLPH
Trial Attorney, Natural Resources Section
United States Department of Justice
Environment and Natural Resources Div.
601 D St., NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendants United States Bureau of
Land Management; and United States Department
of Interior

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__/s/ Hadassah M. Reimer_____________
Gregory J. Walch (Nev. Bar No. 4780)
Dana R. Walsh (Nev. Bar No. 10228)
Southern Nevada Water Authority
1001 South Valley View Blvd. (MS #480)
Las Vegas, Nevada 89153
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Murray D. Feldman (Idaho Bar. No. 4097)
Holland & Hart LLP
800 W. Main Street, Ste. 1750
Boise, Idaho 83702
Tel.: [phone]
Fax: [phone]
[e-mail]

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Hadassah Reimer (Wyo. Bar No. 6-3825)
Holland & Hart LLP
25 S. Willow St., Ste. 200
PO Box 3099
Jackson, WY 83001
Tel.: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant-Intervenor
Southern Nevada Water Authority

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JOINT CASE MANAGEMENT STATEMENT

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