Conservation Congress v. United States Forest Service

Defendant: United States Forest Service
Plaintiff: Conservation Congress
 
Case Number: 2:2013cv00832
Filed: April 29, 2013
 
Court: California Eastern District Court
Office: Sacramento Office
County: Sacramento
Referring Judge: Dale A. Drozd
Presiding Judge: Lawrence K. Karlton
 
Nature of Suit: Environmental Matters
Cause of Action: 42:4321 Review of Agency Action-Environment
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
May 21, 2013 11 Featured Case ORDER signed by Judge Lawrence K. Karlton on 5/21/2013 ORDERING as follows: If the Forest Service accepts a bid on the Project, Federal Defendant's response in opposition to Plaintiff's motion for a temporary restraining order is due May 24 . If the Forest Service does not accept a bid on the Project, Federal Defendant will inform Plaintiff on May 24 and the parties will file a stipulation with the Court on that day. A hearing on Plaintiff's 10 Motion for Temporary Restraining Order is scheduled for 5/30/2013 at 10:00 a.m. in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Zignago, K.)
May 24, 2013 13 Featured Case ORDER signed by Judge Lawrence K. Karlton on 5/24/2013 re 12 Stipulation. Federal Defendant's response is not due today; The 5/30/2013 hearing is hereby VACATED; and the parties will file a joint status report with the court on 5/28/2013. (Donati, J)
May 31, 2013 16 Featured Case ORDER signed by Judge Lawrence K. Karlton on 5/30/13 ORDERING as follows:Plaintiff's cross-motion for summary judgment is due May 31, 2013; Federal Defendant's response in opposition and cross-motion for summary judgment isdue June 7; Pl aintiff's response and reply is due June 13; Federal Defendant's reply is due June 19; A hearing on the Parties' cross-motions for summary judgment is set for July 1, 2013 at 10:00 a.m.; Plaintiff's May 20, 2013 motion for a temporary restraining order, ECF No. 10 , is withdrawn. (Becknal, R)
June 11, 2013 24 Featured Case ORDER signed by Judge Lawrence K. Karlton on 6/11/2013 ORDERING the 22 Motion to Strike Hearing set for 7/1/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiff's response to opposition is due by 6/14/2013. Federal Defedant's reply in support is due by 6/21/2013. (Donati, J)
July 12, 2013 34 Featured Case ORDER signed by Judge Lawrence K. Karlton on 7/12/2013. Defendant shall, within 15 days of Order, file a Brief not exceeding 15 pages in length, advising Court whether or not, in its view, the 31 Notice regarding Fish and Wildlife Service Response (and Exhibits), is relevant to issue of "consultation". If so, explain why its recently-submitted correspondence with FWS qualifies as consultation. The Brief should also explain the distinction, if any, between a "consultation" a nd "technical assistance". Plaintiff shall, within 15 days of filing of defendant's Brief, file a response not exceeding 15 pages in length. Court is aware that defendant has voluntarily agreed not to implement, prior to 7/15/2013, any of the ground disturbing activities authorized by the Project, and to provide 72 hours notice before any such activities commence. In light of further Briefing Schedule, Court believes that further voluntary forbearance would be appropriate. Howev er, if defendant does not voluntarily forbear prior to 7/15/2013, Court ORDERS defendant refrain from any of the ground disturbing activities authorized by the Project, until no earlier than 30 days from date of plaintiff's response. If defendant voluntarily forbears for at least this period, this paragraph is VACATED with no further action required by either party. (Marciel, M)
July 19, 2013 39 Featured Case ORDER signed by Judge Lawrence K. Karlton on 7/19/13. The Court ORDERS that this Court's 7/12 Order 34 is modified to allow the work as described in Federal Defendant's Notice 33 to proceed. (Mena-Sanchez, L)
September 6, 2013 47 Featured Case ORDER signed by Judge Lawrence K. Karlton on September 6, 2013. Plaintiffs motion for summary judgment 17 on the NEPA claim is GRANTED. Defendant is hereby ENJOINED from carrying out any actions pursuant to the Project, other than those already app roved by this court. The matter is REMANDED to the ForestService so that, if it wishes to proceed with the Project, it can consult with FWS on how the Project would affect the Northern Spotted Owl and its Critical Habitat, and unless it obtains the r equired concurrence from FWS, for the preparation of an Environmental Impact Statement. Defendants motion for summary judgment 19 on the NEPA claim is DENIED. Defendants motion for summary judgment on the NFMA claim is GRANTED, and plaintiffs motion for summary judgment on the NFMA claim is DENIED. Defendants motion to strike (ECF No. 22 ), treated as an evidentiary objection, is GRANTED. Civil Case Terminated. CASE CLOSED. (Rivas, A)
September 11, 2013 49 Featured Case ORDER signed by Judge Lawrence K. Karlton on 9/10/2013 ORDERING 46 plaintiff's request for a temporary restraining order is DENIED as MOOT. (Reader, L)
October 29, 2013 56 Featured Case STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/28/13 ORDERING that the defendant's 50 Motion to Alter the Judgment is submitted upon the record and the 11/4/13 hearing is VACATED. (Manzer, C)

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Defendant: United States Forest Service
Represented By: John Tustin, GOVT
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Plaintiff: Conservation Congress
Represented By: Rachel Marie Fazio
Represented By: Erik B. Ryberg, PHV
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