Great Basin Resource Watch v. US DOI

Opinion

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 GREAT BASIN RESOURCE WATCH; and Case No. 3:19-cv-00661-LRH-CSD 13 WESTERN SHOSHONE DEFENSE PROJECT, 14 Plaintiffs, ORDER GRANTING UNOPPOSED 15 MOTION FOR EXTENSION OF THE v. DEADLINE TO RESPOND TO ECF 16 NO. 78 UNITED STATES DEPARTMENT OF THE 17 INTERIOR; U.S. BUREAU OF LAND MANAGEMENT; LAURA DANIEL 18 DAVIS, Acting Assistant Secretary1; and JON D. SHERVE, Field Manager of the 19 BLM’s Mount Lewis Field Office, 20 Defendants, 21 EUREKA MOLY, LLC, 22 Defendant-Intervenor. 23 24 Federal Defendants request a seven-day extension of Federal Defendants and Defendant- 25 Intervenor’s deadline to respond to Plaintiffs’ filing of ECF No. 78 (Plaintiff’s Notice of 26 27 28 1 Public officer substituted pursuant to FRAP 43. 1 || Controlling and Supplemental Authority of the Ninth Circuit’s Ruling on the Mining Law and 2 || Surface Resources Act, hereinafter the “Notice”). This motion is unopposed and Defendant- ; Intervenors support the motion. On June 10, 2022, after the completion of scheduled briefing on the parties’ cross-motions

6 for summary judgment, Plaintiffs filed their Notice informing the Court of the May 12, 2022, 7 || decision in Center for Biological Diversity v. U.S. Fish and Wildlife Service, 33 F.4th 1202 (9th 8 || Cir. 2022). Defendant-Intervenor moved to strike the Notice or, in the alternative, requested leave 9 II to respond. ECF No. 79. On June 21, 2022, this Court granted leave to Federal Defendants and 10 Defendant-Intervenor to file a combined response not to exceed fifteen pages within thirty days of " the Order. ECF No. 80. Federal Defendants then moved to extend the response deadline until after the July 27, 2022 deadline to file a petition for rehearing of Center for Biological Diversity in the

14 Ninth Circuit and requested the Court allow separate responses for Federal Defendants and 15 || Defendant-Intervenors. ECF No. 81. The Court granted Federal Defendants’ motion and set the 16 || deadline for responses for August 5, 2022. ECF No. 82. 17 On July 27, 2022, the Defendant-Intervenor in Center for Biological Diversity, petitioned 18 for a rehearing en banc; the United States, however, did not seek review of the Ninth Circuit’s " decision. Because of this current posture in Center for Biological Diversity, Federal Defendants have good cause to seek this extension to allow for further review of its response and therefore

97 || Tequesta seven-day extension—until August 12, 2022—to respond to Plaintiffs’ notice of 23 || supplemental authority. 24 || ITIS SO ORDERED. A / . 26 27 L Y R. HICKS United States District Judge 28 Dated: August 5, 2022