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Aqualliance v. United States Bureau of Reclamation

United States District Court, Ninth Circuit, California, E.D. California, Fresno Division
Jun 30, 2015
1:15-cv-00754 LJO BAM (E.D. Cal. Jun. 30, 2015)

Opinion

          KRONICK MOSKOVITZ TIEDEMANN & GIRARD, DANIEL J. O'HANLON, PIONEER LAW GROUP, LLP, ANDREA A. MATARAZZO, Attorneys for Respondent/Defendant, SAN LUIS & DELTA-MENDOTA WATER AUTHORITY.

          U.S. DEPARTMENT OF JUSTICE, ANNA K. STIMMEL, Attorneys for Respondent/Defendant,

          AQUA TERRA AERIS LAW GROUP, JASON R. FLANDERS, Attorneys for Petitioners/Plaintiffs, AQUALLIANCE and CALIFORNIA SPORTFISHING PROTECTION ALLIANCE.

          LAW OFFICES OF MICHAEL B. JACKSON, MICHAEL B. JACKSON, Attorneys for Petitioners/Plaintiffs, AQUALLIANCE and CALIFORNIA SPORTFISHING PROTECTION ALLIANCE.

          SOLURI MESERVE, A LAW CORPORATION, OSHA R. MESERVE, Attorneys for Petitioners/Plaintiffs, LOCAL AGENCIES OF THE NORTH DELTA, CENTRAL DELTA WATER AGENCY, SOUTH DELTA WATER AGENCY.


          STIPULATION AND ORDER TO CONTINUE SETTLEMENT MEETING AND EXTEND TIME TO LODGE CEQA RECORD

          LAWRENCE J. O'NEILL, District Judge.

         The undersigned parties, by their respective counsel, hereby agree and stipulate as follows:

         1. The settlement meeting pursuant to California Public Resources Code section 21167.8 presently scheduled for June 26, 2015, shall be continued to July 14, 2015 at 11:00 a.m. at the offices of Kronick Moskovitz Tiedemann & Girard, located at 400 Capitol Mall, 27th Floor, Sacramento, California 95814.

         2. The Petition and Complaint on file in the above-referenced action alleges violations of the California Environmental Quality Act ("CEQA"), Public Resources Code sections 21000 et seq. by Respondent/Defendant San Luis & Delta-Mendota Water Authority ("Authority").

         3. The Petition and Complaint was filed on May 11, 2015, and served on Respondent/Defendant Authority on May 20, 2015, along with Petitioners/Plaintiffs' "notice of election" to prepare the CEQA record of administrative proceedings under California Public Resources Code section 21167.6(a).

         4. The Petition and Complaint on file in the above-referenced action also alleges violations of the National Environmental Policy Act ("NEPA"), 42 U.S.C. sections 4321 et seq. by Respondent/Defendant U.S. Bureau of Reclamation.

         5. To avoid unnecessary duplication and confusion, the federal record of NEPA proceedings currently in preparation by Respondent/Defendant U.S. Bureau of Reclamation should be completed and lodged with the court prior to the parties certifying and lodging the CEQA record. As a result, the CEQA record cannot be certified and lodged with the Court within the 60-day period identified in California Public Resources Code section 21167.6(b). California Public Resources Code section 21167.6(c) provides that a court may extend that period upon stipulation of all parties.

         6. If and to the extent it applies to proceedings in this Court, then the time for certifying and lodging the CEQA administrative record identified in California Public Resources Code section 21167.6(b) is extended to September 21, 2015.

         7. The petitions/complaints and answers shall serve as the parties' respective statements of issues under California Public Resources Code section 21167.8(f), if and to the extent it applies in the above-referenced action.

         8. Nothing in this stipulation constitutes evidence of agreement or consent regarding the substantive issues in this case.

         IT IS SO ORDERED.


Summaries of

Aqualliance v. United States Bureau of Reclamation

United States District Court, Ninth Circuit, California, E.D. California, Fresno Division
Jun 30, 2015
1:15-cv-00754 LJO BAM (E.D. Cal. Jun. 30, 2015)
Case details for

Aqualliance v. United States Bureau of Reclamation

Case Details

Full title:AQUALLIANCE; CALIFORNIA SPORTFISHING PROTECTION ALLIANCE; CENTRAL DELTA…

Court:United States District Court, Ninth Circuit, California, E.D. California, Fresno Division

Date published: Jun 30, 2015

Citations

1:15-cv-00754 LJO BAM (E.D. Cal. Jun. 30, 2015)