The Coalition to Protect Puget Sound Habitat v. US Army Corps of Engineers et al

Filing 65

ORDER granting Amicus Squaxin Island Tribe, Plaintiff Jamestown S'Klallam Tribe's 62 Motion for Leave to File Amicus Brief. Signed by Judge Robert S. Lasnik.(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE COALITION TO PROTECT PUGET
SOUND HABITAT,

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Plaintiff,
v.
U.S. ARMY CORPS. OF ENGINEERS, et al.,

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Case No. C16-0950RSL

Defendants,
and

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TAYLOR SHELLFISH COMPANY, INC.,

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Intervenor - Defendant.
_____________________________________

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CENTER FOR FOOD SAFETY,
Plaintiff,

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v.
U.S. ARMY CORPS OF ENGINEERS, et al.,

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ORDER GRANTING LEAVE TO
FILE AMICUS BRIEF

Defendants,

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Case No. 17-1209RSL

and
PACIFIC COAST SHELLFISH GROWERS
ASSOCIATION,
Intervenor - Defendant.

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This matter comes before the Court on the motion of the Squaxin Island Tribe and the

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Jamestown S’Klallam Tribe for leave to file an amicus brief addressing the appropriate remedy

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in the above-captioned cases. “District courts frequently welcome amicus briefs from non-parties

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concerning legal issues that have potential ramifications beyond the parties directly involved or

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if the amicus has unique information or perspective that can help the court beyond the help that

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the lawyers for the parties are able to provide.” NGV Gaming, Ltd. v. Upstream Point Molate,

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LLC, 355 F. Supp.2d 1061, 1067 (N.D. Cal. 2005) (internal quotation marks and citations

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omitted). In the circumstances presented here, information regarding the impact of potential

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remedial options on the Tribes’ exercise of their treaty rights and shellfish aquaculture activities

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is not likely to be presented by the party defendants or existing intervenors and may be helpful to
the Court’s equitable considerations.

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For all of the foregoing reasons, the request for leave to file an amicus brief is

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GRANTED. The Court will consider the Tribes’ submissions regarding the appropriate relief for

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the agency’s unlawful actions, Dkt. # 62-1 in C16-950RSL and Dkt. # 78-1 in C17-1209RSL.

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Dated this 31st day of October, 2019.

A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING LEAVE TO
FILE AMICUS BRIEF - 2