Center For Biological Diversity v. NOAA Fisheries

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CENTER FOR BIOLOGICAL Case No. 4:21-cv-00345-KAW DIVERSITY, et al., ORDER DENYING DEFENDANTS' Plaintiffs, MOTION TO STAY 9 v. Re: Dkt. No. 25 10 NOAA FISHERIES, et al., 11 Defendants. 12 On July 12, 2021, Defendants NOAA Fisheries, Chris Oliver, Karl L. Schultz, and U.S. Coast Guard filed a motion to stay the case on the grounds that reinitiated consultation under the Endangered Species Act, 16 U.S.C. § 1536(a)(2), is ongoing between the U.S. Coast Guard and the National Marine Fisheries Service related to the Coast Guard’s codification of Traffic Separation Schemes. On August 19, 2021, the Court held a hearing, and, after considering the parties’ moving papers and arguments made at oral argument, and for the reasons set forth below, DENIES Defendants’ motion to stay. I. BACKGROUND On February 23, 2017, the National Marine Fisheries Service (“NMFS”) issued a Biological Opinion…