Wild Fish Conservancy v. Thom

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 WILD FISH CONSERVANCY, 9 Plaintiff, Case No. C20-417-RAJ-MLP 10 v. MINUTE ORDER 11 BARRY THOM, et al., 12 Defendants, 13 and

14 ALASKA TROLLERS ASSOCIATION and STATE OF ALASKA, 15

Defendant-Intervenors. 16

17 The following Minute Order is made at the direction of the Court, the Hon. Michelle L. 18 Peterson, United States Magistrate Judge: 19 The Court held oral argument on July 27, 2021 regarding Plaintiff’s Motion for Summary 20 Judgment (dkt. # 91), Defendants’ Cross-Motion for Summary Judgment (dkt. # 93), 21 Defendant-Intervenor Alaska Trollers Association’s Cross-Motion for Summary Judgment (dkt. 22 # 92), and Defendant-Intervenor State of Alaska’s Cross-Motion for Summary Judgment (dkt. 23 # 94). At oral argument, Plaintiff presented argument based on a recent Ninth Circuit decision. 1 Ctr. for Biological Diversity v. Haaland, 998 F.3d 1061 (9th Cir. 2021). Accordingly, the Court 2 hereby ORDERS the parties to each submit a supplemental brief regarding on the Government’s 3 change of position as to the ramifications of Ramsey v. Kantor, 96 F.3d 434 (9th Cir. 1996) from 4 the 2003 Environmental Impact Statement (AR 47953) to the 2019 biological opinion pursuant

5 to Haaland. The briefs shall be no more than five (5) pages each, excluding certificates of 6 service, and submitted no later than close of business on August 6, 2021. 7 The Clerk is directed to send copies of this order to the parties and to the Honorable 8 Richard A. Jones. 9 Dated this 28th day of July, 2021. 10 Ravi Subramanian Clerk of Court 11 By: Tim Farrell 12 Deputy Clerk 13 14 15 16 17 18 19 20 21 22 23