Klamath-Siskiyou Wildland Center v. Grantham

1 Mmeerriieell@ Lc. rDagar.ozregn , OSB No. 113645, pro hac vice Oliver J. H. Stiefel OSB No. 135436, pro hac vice [email protected] Crag Law Center 3141 E Burnside Street Portland, Oregon 97214 Phone: (503) 525-2725 Fax: (503) 296-5454 Thomas E. Wheeler, CSB No. 304191 [email protected] Environmental Protection Information Center G St., Ste. A Arcata, California 95521 Phone: (206) 356-8689 LOCAL COUNSEL Attorneys for Plaintiffs

12 MCGREGOR W. SCOTT United States Attorney JOSEPH B. FRUEH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 E-mail: [email protected] Telephone: (916) 554-2702 Facsimile: (916) 554-2900 Attorneys for Defendants

19 IN THE UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA KLAMATH-SISKIYOU WILDLANDS Case No. 2:20-cv-00850-TLN-AC CENTER, et al., 22 SECOND STIPULATION AND ORDER TO Plaintiffs, AMEND INITIAL PRETRIAL SCHEDULING 23 ORDER (ECF 8, 13) v. PATRICIA GRANTHAM, in her official capacity as Forest Supervisor of the Klamath National Forest, et al., Defendants.

1 SECOND STIPULATION AND ORDER 2 IT IS HEREBY STIPULATED, by and among the parties and subject to Court approval, that the Amended Initial Pretrial Scheduling Order (see ECF 8, 13) shall be further amended as follows: 4 1. Plaintiffs Klamath-Siskiyou Wildlands Center, Environmental Protection Information Center, and Klamath Forest Alliance allege that Defendants United States Forest Service, Forest Supervisor Patricia Grantham, and Deputy Regional Forester Barnie Gyant approved and are proceeding with the Crawford Vegetation Management Project (“Crawford Project”) on the Klamath National Forest in violation of the National Forest Management Act, 16 U.S.C. § 1604, and the National Environmental Policy Act, 42 U.S.C. § 4332. Plaintiffs accordingly seek this Court’s review of the administrative record relevant to the Defendants’ actions vis-à-vis the Crawford Project. 5 U.S.C. § 706; Earth Island Inst. v. U.S. Forest Serv., 697 F.3d 1010, 1013 (9th Cir. 2012).

12 2. The parties previously entered into a stipulation to set a schedule for the lodging of the administrative record, Defendants’ Answer to the Complaint, and briefing on cross-motions for summary judgment, which the Court approved on June 9, 2010. See ECF 12, 13. Defendants provided Plaintiffs with a draft of the administrative record on June 15, 2020.

16 3. On June 22, 2020, Plaintiffs sent a letter to Defendants and the United States Fish and Wildlife Service titled, “Notice of Significant New Information and Request for Reinitiation of Consultation (“Notice”), which included several technical enclosures and a “60-day Notice of Intent to Sue for Failure to Reinitiate Consultation” on the Crawford Project. The letter requested that the agencies reinitiate consultation on the Crawford Project under the Endangered Species Act, 16 U.S.C. § 1540(g)(2)(A)(i), and stated that if the agencies failed to do so, Plaintiffs would amend their Complaint in this lawsuit.

23 4. To allow time for Defendants to consider Plaintiffs’ Notice, and to avoid unnecessary expense and waste of judicial resources on claims that may resolve or change in scope in light of Plaintiffs’ Notice and Defendants’ response thereto, the parties request that the Court vacate the current schedule provided at ECF 13.

27 5. Defendants shall have up to and including July 29, 2020, to lodge the administrative record for the claims alleged in the Complaint.

1 6. Defendants shall have up to and including August 14, 2020, to respond to Plaintiffs’ Notice. Plaintiffs shall have up to and including August 28, 2020, to file a First Amended Complaint.

3 7. The parties shall have up to and including August 28, 2020, to file a proposed schedule for the filing of any supplemental administrative record and briefing on cross-motions for summary judgment. Defendants shall have up to and including September 11, 2020, to file their Answer to the operative Complaint or First Amended Complaint.

8 Dated: June 29, 2020 CRAG LAW CENTER 9 By: /s/ Meriel L. Darzen (authorized 6/29/2020) MERIEL L. DARZEN Attorneys for Plaintiffs Dated: June 29, 2020 MCGREGOR W. SCOTT United States Attorney By: /s/ Joseph B. Frueh 14 JOSEPH B. FRUEH Assistant United States Attorney Attorneys for Defendants 18 IT IS SO ORDERED.

19 Dated: June 30, 2020