Opinion
Case No. CIV 05-00211 MCE GGH
01-11-2012
PEOPLE OF THE STATE OF CALIFORNIA, ex rel. KAMALA D. HARRIS, ATTORNEY GENERAL, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al. Defendants. SIERRA FOREST LEGACY, et al., Plaintiffs, v. HARRIS SHERMAN, in his official capacity as Under Secretary for Natural Resources and Environment, U.S. Department of Agriculture, et al., Defendants.
KAMALA D. HARRIS Attorney General of California JANILL L. RICHARDS Supervising Deputy Attorney General Attorney for the People of the State of California, ex. rel. Kamala D. Harris, Attorney General GREGORY C. LOARIE MICHAEL R. SHERWOOD Earthjustice PATRICK GALLAGHER Sierra Club Environmental Law Program Attorneys for Sierra Forest Legacy, et al. IGNACIA S. MORENO Assistant Attorney General BARCLAY T. SAMFORD Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section Attorneys for Federal Defendants
KAMALA D. HARRIS
Attorney General of California
MARK BRECKLER
Chief Assistant Attorney General
JANILL L. RICHARDS, State Bar No. 173817
Supervising Deputy Attorney General
HARRISON M. POLLAK, State Bar No. 200879
Deputy Attorney General
Attorneys for the People of the State of California,
ex. rel. Kamala D. Harris, Attorney General
STIPULATION AND ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE
Case No. CIV S-05-0205 MCE GGH
Plaintiffs and Defendants in related cases People of the State of California, ex rel. Kamala D. Harris, Attorney General v. United States Department of Agriculture, et al., Case No. CIV 0500211 MCE GGH ("California case") and Sierra Forest Legacy, et al., v. Harris Sherman, in his official capacity as Under Secretary for Natural Resources and Environment, U.S. Department of Agriculture, et al., Case No. S-05-0205 MCE GGH ("Sierra Forest Legacy case"), respectfully submit this Stipulation and [Proposed] Order Setting Briefing Schedule to address all issues remaining in this case on remand.
The parties stipulate as follows:
1. On or before February 3, 2012, (1) the parties in the Sierra Forest Legacy case will advise the Court of the legal effect of the Forest Service's December 19, 2011 withdrawal of the Basin Project Decision and Finding of No Significant Impact on Plaintiffs' claims under the National Forest Management Act (NFMA) or, alternatively, (2) the Forest Service will file a motion to dismiss the NFMA claims as moot.
2. On or before March 30, 2012, the Parties shall file concurrent opening briefs on the issue of remedy. The briefs shall not exceed 20 pages, excluding any supporting declarations.
3. On or before May 18, 2012, the Parties may file concurrent responding briefs. The briefs shall not exceed 20 pages, excluding any supporting declarations.
4. The matter shall be heard on June 14, 2012 at 2:00 p.m.
IT IS SO STIPULATED.
KAMALA D. HARRIS
Attorney General of California
JANILL L. RICHARDS
Supervising Deputy Attorney General
Attorney for the People of the State of
California, ex. rel. Kamala D. Harris,
Attorney General
GREGORY C. LOARIE
MICHAEL R. SHERWOOD
Earthjustice
PATRICK GALLAGHER
Sierra Club Environmental Law Program
Attorneys for Sierra Forest Legacy, et al.
IGNACIA S. MORENO
Assistant Attorney General
BARCLAY T. SAMFORD
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
Attorneys for Federal Defendants
ORDER
1. On or before February 3, 2012, (1) the parties in the Sierra Forest Legacy case will advise the Court of the legal effect of the Forest Service's December 19, 2011 withdrawal of the Basin Project Decision and Finding of No Significant Impact on Plaintiffs' claims under the National Forest Management Act (NFMA) or, alternatively, (2) the Forest Service will file a motion to dismiss the NFMA claims as moot.
2. On or before March 30, 2012, the Parties shall file concurrent opening briefs on the issue of remedy. The briefs shall not exceed 20 pages, excluding any supporting declarations.
3. On or before May 18, 2012, the Parties may file concurrent responding briefs. The briefs shall not exceed 20 pages, excluding any supporting declarations.
4. The matter shall be heard on June 14, 2012 at 2:00 p.m.
IT IS SO ORDERED.
____________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE