Opinion
Case No. CV-11-0293-JCS
11-14-2011
CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization; and PESTICIDE ACTION NETWORK NORTH AMERICA, a non-profit organization; Plaintiffs, v. ENVIRONMENTAL PROTECTION AGENCY; and LISA JACKSON, Administrator, U.S. EPA; Defendants, CROP LIFE AMERICA, AMERICAN FARM BUREAU FEDERATION, AMERICAN CHEMISTRY COUNCIL, and RECKITT BENCKISER; Defendant-Intervenors.
Justin Augustine (CA Bar No. 235561) Jaclyn Lopez (CA Bar No. 258589) Center for Biological Diversity Collette L. Adkins Giese (MN Bar No. 035059X)* Center for Biological Diversity 8640 Coral Sea Street Northeast Michael W. Graf (CA Bar No. 136172) Law Offices Attorneys for Plaintiffs *Granted admission pro hac vice
Justin Augustine (CA Bar No. 235561)
Jaclyn Lopez (CA Bar No. 258589)
Center for Biological Diversity
Collette L. Adkins Giese (MN Bar No. 035059X)*
Center for Biological Diversity
8640 Coral Sea Street Northeast
Michael W. Graf (CA Bar No. 136172)
Law Offices
Attorneys for Plaintiffs
*Granted admission pro hac vice
STATUS REPORT AND STIPULATION TO EXTEND STAY
Status Conference Date: Nov. 18, 2011
Time: 1:30 PM
Magistrate Judge Joseph C. Spero
This status report is filed pursuant to the Court's September 30, 2011 order. In light of the developments described below, Plaintiffs and Defendants respectfully request that the Court extend the stay of litigation by approximately 90 days from November 18, 2011 to February 10, 2012 and continue the status conference now set for November 18, 2011 to February 10, 2012 at 1:30 p.m. (or to such date and time that is convenient for the Court). Intervenors have informed Plaintiffs and Defendants that they do not object to this request.
On January 20, 2011, the Center for Biological Diversity and the Pesticide Action Network North America (collectively "Plaintiffs") initiated the instant litigation, alleging that the Environmental Protection Agency and its administrator, Lisa Jackson, (collectively "Defendants") violated Section 7(a)(2) of the Endangered Species Act ("ESA") by failing to consult on the effects of EPA-registered pesticides on endangered and threatened species and their designated critical habitat throughout the United States of America. See Docket No. 1. On March 14, 2011, Defendants and Plaintiffs jointly filed a motion to stay the litigation to conserve judicial resources while the parties explored the possibility of settlement. See Docket No. 13. The Court granted the motion on March 15, 2011. See Docket No. 14.
On May 13, 2011, the parties met in Washington, D.C. and engaged in exploratory discussions concerning the possibility of settlement, as well as technical issues concerning EPA's current endangered species risk assessment methods and associated regulatory programs. Proposed Intervenors were also present at the meeting.
On June 3, 2011, the Court held an intervention hearing and granted in part and denied in part the motions from 1) Crop Life America, 2) American Farm Bureau Federation, 3) American Chemistry Council and 4) Reckitt Benckiser (collectively "Intervenors").
On June 21, 2011, the parties, including Intervenors, met in Washington, D.C. and held further discussions regarding the possibility of settlement. Since then, the parties held meetings by phone on July 18, August 23, September 21, and November 1, 2011. Plaintiffs circulated written settlement proposals on July 13, July 21, and October 5, 2011. The parties also exchanged information and ideas for settlement by email.
Plaintiffs and Defendants are pursuing further settlement discussions and are in the process of arranging the next meeting. Based on the discussions to date, Intervenors do not object to further settlement talks, provided all parties continue to be involved.
To allow these discussions to continue, and in the interest of judicial economy, Plaintiffs and Defendants respectfully request that this Court continue the status conference currently set for November 18, 2011 to February 10, 2012 at 1:30 p.m. (or to such date and time that is convenient for the Court), and extend the stay of this litigation for approximately an additional 90 days (from November 18, 2011 to February 10, 2012). If the Court extends the stay and resets a conference date, the parties will submit a status report two weeks prior to that conference (on January 27, 2012).
Respectfully submitted this 10th day of November, 2011,
Collette L. Adkins Giese (MN Bar No. 035059X)*
Center for Biological Diversity
Justin Augustine (CA Bar No. 235561)
Jaclyn Lopez (CA Bar No. 258589)
Center for Biological Diversity
Michael W. Graf (CA Bar No. 136172)
Law Offices
Attorneys for Plaintiffs
AND
IGNACIA S. MORENO,
Assistant Attorney General
SETH M. BARSKY, Section Chief
S. JAY GOVINDAN, Assistant Chief
JAMES A. MAYSONETT, Trial Attorney
ERIK E. PETERSEN, Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station
Attorneys for Federal Defendants
AND
LATHAM & WATKINS LLP
William K. Rawson (D.C. Bar No. 367167)*
Claudia M. O'Brien (D.C. Bar No 447354)*
Patrick J. Ferguson (Ca. Bar No. 252778)
WILEY REIN LLP
David B. Weinberg (D.C. Bar No. 186247)*
Eric Andreas (D.C. Bar No. 462777)*
Attorneys for Crop Life America, et al.
Thomas W. Stoever, Jr. (Cal. Bar No. 150056)
ARNOLD & PORTER LLP
Attorney for Intervenor-Defendant Reckitt
Benckiser LLC.
J. Michael Klise*
CROWELL & MORING LLP
Attorneys for Intervenors American Farm Bureau
Federation, et al.
Seth Goldberg (CA Bar No. 153719)
Cynthia L. Taub (D.C. Bar No. 445906)*
STEPTOE & JOHNSON LLP
Attorneys for Defendant-Intervenor American
Chemistry Council
*Granted admission pro hac vice PURSUANT TO STIPULATION, IT IS SO ORDERED. The status conference is reset for Feb. 10, 2012 at 1:30 p.m . The status report shall be due by Feb. 3, 2012.