Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:01-cv-00591-FMA

Document 197

Filed 11/29/2004

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UNITED STATES COURT OF FEDERAL CLAIMS KLAMATH IRRIGATION DISTRICT, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) No. 01-591 L ) ) Judge Diane Gilbert Sypolt ) ) ) ) ) ) )

JOINT MOTION OF AMICI AND APPLICANTS-FOR-INTERVENTION FOR LEAVE TO PRESENT ORAL ARGUMENT By Order dated October 29, 2004, the Court has set oral argument on pending crossmotions for summary judgment for December 8, 2004 at 3:00 p.m. By Order dated November 6, 2003, the Court allowed the Natural Resources Defense Council ("NRDC") to file a brief amicus curiae in support of the defendants' motion for summary judgment and allowed applicants for intervention, Pacific Coast Federation of Fishermen's Associations ("PCFFA") to likewise file an amicus brief in support of defendants' motion.1 By this motion, amicus NRDC and amicus and applicant for intervention PCFFA respectfully move the Court for leave to present a brief oral argument by one attorney on behalf of both groups at the hearing on December 8, 2004. NRDC and PCFFA make this motion

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The Court in that same Order also allowed The Klamath and Yurok Indian Tribes to file an amicus brief. The amici Tribes are not a part of this motion.

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Case 1:01-cv-00591-FMA

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because the issues addressed in their amicus filings are likely to arise during the argument on December 8, 2004. Counsel who will present argument on behalf of both amici, Mr. John Echeverria, is the director of the Georgetown Environmental Law & Policy Institute at the Georgetown University Law Center and has substantial expertise in property takings issues, and both NRDC and PCFFA believe that a brief opportunity to address the Court orally may "prove helpful to the court in sorting out the complex property interests in this case." Order of Nov. 6, 2003, at 2. Counsel for NRDC and PCFFA have conferred with counsel for the federal defendants who do not oppose this request. Counsel has also attempted to conferred with counsel for the plaintiffs but has been unable to speak directly with counsel and does not know what position plaintiff will take on this motion and would, therefore, have the Court assume plaintiffs will oppose this request. For the foregoing reasons, NRDC and PCFFA respectfully request that they be allowed to present a brief oral argument at the hearing on December 8, 2004. Respectfully submitted this 24th day of November, 2004.

/s/ Todd D. True TODD D. TRUE (WSB #12864) Earthjustice 705 Second Avenue, Suite 203 Seattle, WA 98104 (206) 343-7340 (206) 343-1526 [FAX] [email protected]

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Case 1:01-cv-00591-FMA

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ROBERT B. WIYGUL (LA BAR #17411) Waltzer & Associates 178 Main Street, Suite 103 Biloxi, MS 39530 (228) 374-0700 (228) 374-0725 [FAX] [email protected] Attorneys for Amici and Applicants for Intervention Pacific Coast Federation of Fishermen's Associations, Institute for Fisheries Resources, the Wilderness Society, Klamath Forest Alliance, Oregon Natural Resources Council, WaterWatch of Oregon, Northcoast Environmental Center, and Sierra Club

/s/ Todd D. True, for * JOHN D. ECHEVERRIA Georgetown Environmental Law & Policy Institute 600 New Jersey Avenue, N.W. Washington, D.C. 20001 (202) 662-9863 Counsel for Amicus Curiae NRDC *per e-mail authorization of 11/23/04

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Case 1:01-cv-00591-FMA

Document 197

Filed 11/29/2004

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Case 1:01-cv-00591-FMA

Document 197

Filed 11/29/2004

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