Wild Fish Conservancy v. Thom

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE WILD FISH CONSERVANCY, 9 Plaintiff, Case No. C20-417-RAJ-MLP 10 v. MINUTE ORDER BARRY THOM, et al., 12 Defendants, 13 and ALASKA TROLLERS ASSOCIATION and STATE OF ALASKA, Defendant-Intervenors.

The following Minute Order is made at the direction of the Court, the Hon. Michelle L.

Peterson, United States Magistrate Judge: The Court held oral argument on July 27, 2021 regarding Plaintiff’s Motion for Summary Judgment (dkt. # 91), Defendants’ Cross-Motion for Summary Judgment (dkt. # 93), Defendant-Intervenor Alaska Trollers Association’s Cross-Motion for Summary Judgment (dkt. # 92), and Defendant-Intervenor State of Alaska’s Cross-Motion for Summary Judgment (dkt. # 94). At oral argument, Plaintiff presented argument based on a recent Ninth Circuit decision.

1 Ctr. for Biological Diversity v. Haaland, 998 F.3d 1061 (9th Cir. 2021). Accordingly, the Court hereby ORDERS the parties to each submit a supplemental brief regarding on the Government’s change of position as to the ramifications of Ramsey v. Kantor, 96 F.3d 434 (9th Cir. 1996) from the 2003 Environmental Impact Statement (AR 47953) to the 2019 biological opinion pursuant to Haaland. The briefs shall be no more than five (5) pages each, excluding certificates of service, and submitted no later than close of business on August 6, 2021.

7 The Clerk is directed to send copies of this order to the parties and to the Honorable Richard A. Jones.

9 Dated this 28th day of July, 2021.

10 Ravi Subramanian Clerk of Court By: Tim Farrell 12 Deputy Clerk