Western Watersheds Project v. Burgum

Opinion

District Attorney Nevada Bar No. 1565 By: JOEL K. BROWNING Deputy District Attorney Nevada Bar No. 14489 By: TIMOTHY ALLEN Deputy District Attorney Nevada Bar No. 14818 500 South Grand Central Pkwy., Suite 5075 Las Vegas, Nevada 89155-2215 Telephone (702) 455-4761 Fax (702) 382-5178 E-Mail: Joel.Browning@ClarkCountyDA.com Timothy.Allen@clarkcountyda.com Attorneys for Clark County Plaintiff, ) v. ) Case No: 2:23-cv-02009-GMN-EJY ) ) [PROPOSED] STIPULATION AND DOUG BURGUM, in his capacity as ) ORDER TO PERMIT CLARK Secretary of the Interior,1; U.S. FISH AND ) WILDLIFE SERVICE; and CLARK COUNTY, ) COUNTY TO FILE AN AMICUS ) Defendants. ) Pursuant to discussions in a meet-and-confer conference held between the parties on or around April 3, 2025, on a scheduling order and discovery plan in this matter, Federal Defendants U.S. FISH AND WILDLIFE SERVICE and Doug Burgum, in his official capacity as Secretary of the Interior (hereinafter collectively “Federal Defendants”), by and through their counsel of record Devon Lea Flanagan, Esq. of the U.S. Department of Justice, former Defendant CLARK COUNTY, by and through its counsel of record, Joel K. Browning, Esq. of the Clark County District Attorney’s Office, and Plaintiff WESTERN WATERSHEDS PROJECT, by and through its counsel of record, Jaimie Park, Esq. of Western Watersheds Project, do hereby stipulate and agree as follows: Whereas the only cause of action alleged against former Defendant CLARK COUNTY was dismissed by Order [ECF No. 62] of the Court on or around March 25, 2025; Whereas the Court’s Order [ECF No. 62] did not identify what role, if any, CLARK COUNTY would play in the remaining litigation; Whereas Plaintiff’s remaining cause of action in this matter involves a matter of public interest which will impact the interests and rights of CLARK COUNTY; Whereas the continued participation of CLARK COUNTY will supplement the efforts of the parties and draw the court’s attention to matters of local concern. Miller-Wohl Co. v. Comm'r of Lab. & Indus. State of Mont., 694 F.2d 203, 204 (9th Cir. 1982); Whereas neither the Federal Rules of Civil Procedure nor the Local Rules of the United States District Court for the District of Nevada cover amicus curiae procedures for district court actions. Elias v. Wynn Las Vegas, LLC, No. 2:23-CV-02111-ART-BNW, 2025 WL 489982, at *1 (D. Nev. Feb. 13, 2025). Whereas the district courts have looked to FRAP 29 for guidance when considering amici requests. See, e.g., Earth Island Inst. v. Nash, No. 1:19-cv-01420-DAD-SAB, 2019 WL 6790682, at *1 (E.D. Cal. Dec. 12, 2019); Whereas FRAP 29 provides that an amicus curiae brief may be filed with leave of the court or if all parties consent. FRAP 29(a)(2); Whereas Federal Defendants do not oppose CLARK COUNTY filing an amicus brief in this matter; and Whereas Plaintiff WESTERN WATERSHEDS PROJECT has consented to CLARK COUNTY filing an amicus brief in this matter on the same briefing schedule as the Federal Defendants. Based on the foregoing, and in the interests of judicial economy, the Parties do hereby consent to the Court permitting CLARK COUNTY to file an amicus brief in this matter It is hereby STIPULATED. DATED this 8th day of April, 2025. DISTRICT ATTORNEY By: /s/ Joel K. Browning JOEL K. BROWNING Deputy District Attorney Nevada Bar No. 14489 500 South Grand Central Pkwy., Suite 5075 Las Vegas, Nevada 89155-2215 Attorneys for Clark County ADAM R.F. GUSTFAFSON WESTERN WATERSHEDS PROJECT Acting Assistant Attorney General Environment and Natural Resources Division /s/ Jaimie L. Park United States Department of Justice Jaimie L. Park Western Watersheds Project /s/ Devon Lea Flanagan P.O. Box 37198 DEVON LEA FLANAGAN Albuquerque, NM 87110 D.C. Bar No. 1022195 jaimie@westernwatersheds.org U.S. Department of Justice Environment and Natural Resources Paul D. Ruprecht Division Western Watersheds Project Wildlife & Marine Resources Section P.O. Box 941 P.O. Box 7611 Lebanon, OR 97355 Washington, D.C. 20044-7611 paul@westernwatersheds.org Telephone: (202) 305-0201 devon.flanagan@usdoj.gov Christopher Mixson (NV Bar#10685) KEMP JONES, LLP Attorneys for Defendants Doug Burgum 3800 Howard Hughes Parkway, Suite and U.S. Fish and Wildlife Service 1700 Las Vegas, Nevada 89169 c.mixson@kempjones.com Attorney for service only under LR IA 11-1(b)(2) Attorneys for Plaintiff IT IS SO ORDERED this 9th day of April, 2025. UNITED STATES MAGISTRATE JUDGE