White
White v. United States Army Corps of Engineers
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SEAN K WHITE, Case No. 3:22-cv-06143-JSC
8 Plaintiff,
ORDER RE: MOTION TO SUPPLEMENT
9 v. THE ADMINISTRATIVE RECORD
10 UNITED STATES ARMY CORPS OF Re: Dkt. No. 59 ENGINEERS, et al., 11 Defendants. 12 13 Sean K. White alleges Defendants are unlawfully “taking” protected salmon species and 14 failing to reinitiate consultations in violation of the Endangered Species Act of 1973 (“ESA”). 15 The United States Army Corps of Engineers and the National Marine Fisheries Service have 16 lodged their Administrative Records with the Court. (Dkt. Nos. 53, 56.)1 Now pending before the 17 Court is White’s motion to supplement that record: both with extra-record evidence and to fill in a 18 “gap” of the administrative record with supplemental scientific papers. (Dkt. No. 59 at 23.) After 19 carefully considering the briefing, and with the benefit of oral argument on December 21, 2023, 20 the Court GRANTS White’s motion to bring extra-record evidence to support his claims. 21 …