Opinion
2:23-cv-1049-JAD-NJK
07-17-2023
CENTER FOR BIOLOGICAL DIVERSITY and AMARGOSA CONSERVANCY, Plaintiffs, v. DEBRA HAALAND in her official capacity as Secretary of the Interior, TRACY STONEMANNING in her official capacity as the Director of the Bureau of Land Management, U.S DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, and NICHOLAS B. PAY in his official capacity as Field Manager of the Bureau of Land Management Pahrump Field Office, Defendants.
SCOTT LAKE NV Bar No. 15765 CENTER FOR BIOLOGICAL DIVERSITY Attorneys for Plaintiffs ROGER FLYNN CO Bar No. 21078 WESTERN MINING ACTION PROJECT (pro hac vice application pending)
SCOTT LAKE NV Bar No. 15765 CENTER FOR BIOLOGICAL DIVERSITY Attorneys for Plaintiffs
ROGER FLYNN CO Bar No. 21078 WESTERN MINING ACTION PROJECT (pro hac vice application pending)
ORDER GRANTING
JOINT MOTION FOR ISSUANCE OF SCHEDULING ORDER REGARDING PRELIMINARY INJUNCTION PROCEEDINGS
ECF No. 7
JENNIFER A DORSEY, U.S. DISTRICT JUDGE
Plaintiffs, the Center for Biological Diversity and the Amargosa Conservancy, along with the Federal Defendants, U.S. Department of the Interior, Bureau of Land Management, et al. (“BLM”), hereby jointly move for issuance by this Court of a scheduling order to govern proceedings on Plaintiffs' Motion for Preliminary Injunction and related matters in this case.
Plaintiffs filed their complaint on July 7, 2023, challenging BLM's review and approval of the “Let's Go Lithium” exploration project (“Project”) (ECF No. 1). Plaintiffs intend to seek injunctive relief from this Court to prevent any ground disturbance associated with the Project until their claims against BLM in this case can be adjudicated. Federal Defendants dispute Plaintiffs' entitlement to injunctive relief.
However, Plaintiffs and Federal Defendants have agreed to coordinate regarding a proposed schedule for preliminary injunction proceedings and related matters in this case in an effort to avoid any need for immediate temporary restraining order proceedings and otherwise to ensure orderly presentation of Plaintiffs' request for relief to this Court.
Plaintiffs and Federal Defendants propose the following briefing and argument schedule for this Court's approval:
Plaintiffs' filing of motion for preliminary injunction
July 17, 2023
Federal Defendants filing of response in opposition to Plaintiffs' motion
July 24, 2023 (9am pacific time)
Plaintiffs' filing of reply in support of motion
July 28, 2023
Based on information received by counsel for the Federal Defendants, Rover Metals, the Project Proponent, anticipates the commencement of ground disturbance as soon as August 1, 2023. Thus, Plaintiffs and Federal Defendants request that this Court schedule oral argument on Plaintiffs' motion on July 31, 2023, or as soon as practicable thereafter.
Matter Not Available.
Accordingly, for the foregoing reasons, the parties respectfully request that this Court adopt and issue the parties' proposed scheduling order for preliminary injunction proceedings and related matters in this case.
ORDER
With good cause appearing, IT IS ORDERED that the joint motion [ECF No. 7] is GRANTED and the parties' stipulated briefing schedule will apply.