FEDERAL DEFENDANTS* STIPULATED MOTION TO EXTEND STAY
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
VERMONTERS FOR A CLEAN ENVIRONMENT, INC., )
JUSTIN LINDHOLM, ANNETTE SMITH, )
JOHN DAVID GEERY, THOMAS E. SHEA, )
GEORGE S. HALFORD, KATHY HALFORD. AND )
TYLER RESCH )
Plaintiffs, )
v. ) Docket No. 1 : 12-CV-73
1
COLLEEN MADRID, FOREST )
SUPERVISOR OF THE GREEN MOUNTAIN )
NATIONAL FOREST; BOB BAYER, PROJECT )
COORDINATOR OF THE DEERFIELD WIND PROJECT, )
MANCHESTER DISTRICT; KATHLEEN ATKINSON, )
REGIONAL FORESTER OF THE EASTERN REGION, )
IN THEIR OFFICIAL CAPACITIES AS EMPLOYEES )
OF THE U.S.D.A FOREST SERVICE )
Defendants, )
)
DEERFIELD WIND, LLC )
Defendant-Intervenor. )
FEDERAL DEFENDANTS* STIPULATED MOTION TO EXTEND STAY
Pursuant to Fed. R. Civ. P. 6(b) and Local Rule 7, Federal Defendants, with the consent
of all parties, move to extend the stay currently in place in this litigation. In support of this
motion. Federal Defendants state as follows:
MEMORANDUM IN SUPPORT OF STIPULATED MOTION
On October 8,20 12, Defendant-Intervenor sent the Forest Service written notice that
some of the blades to be used on the wind turbines for the Deerfield Wind Project are no longer
available. Because of this unavailability, Defendant-Intervenor explained that it would need to
use different, longer blades for some of the Deerfield Wind Project wind turbines. With the
change to the blade lengths, as proposed by Deerfield Wind, the Deerfield Wind Project
specifications changed from what was previously provided by Defendant-Intervenor and
considered during the National Environmental Policy Act (“NEPA”) process. Defendants, under
the applicable law, are required to analyze the change to determine whether a supplemental
Environmental Impact Statement (“EIS”) is required. 40 C.F.R. 5 1502.9(c).
On November 5, 20 12, the Court stayed this litigation following the Federal Defendants’
Stipulated Motion for Stay (Docket No. 53) so that the Federal Defendants could meet the
requirement for analysis of this proposed change in circumstances. As of today, the persons the
Forest Service identified to analyze and document the potential impacts of the Defendant-
Intervenor’s proposed blade-length change are continuing to evaluate the environmental effects
of the proposed change, if any, on the resources discussed in the Record of Decision and Final
Environmental Impact Statement. Evaluation and analysis of data and information received from
the Defendant-Intervenor, including the preparation of written findings in a supplemental
information report, is an ongoing process involving multiple levels of the Agency in various
locations. Coordination of this effort and documentation of the work has involved significant
agency resources and time.
Although the analysis of the potential impacts of the Defendant-Intervenor’s proposed
blade length change and the preparation of a document setting out the Forest Service’s
conclusions is ongoing, this process is nearing completion. As currently provided for in this
Court’s November 5,20 12 Order, the stay in this case ends on May 6,20 13. The Forest
Service’s process related to the Defendant-Intervenor’s proposed blade length change and the
finding whether or not a supplemental environmental impact statement is necessary, although
close to a conclusion, will not be completed by May 6,20 13.
In response to the proposed change to blade lengths, the Forest Service is in the final
stages of its examination of the effects of this proposed change in circumstances pursuant to 40
C.F.R. 5 1502.9(c). Federal Defendants expect to release their proposed findings to the public in
the near future. Federal Defendants seek an extension of the stay of the litigation until
July 12,201 3, a date by which the Forest Service expects to complete its analysis and issue the
Agency’s final findings. If the stay is extended, Federal Defendants will continue to provide
periodic status reports to the Court as to the Forest Service’s progress. Depending on the
outcome of the analysis and the final findings. Federal Defendants may seek an additional
extension of time. In addition, Federal Defendants request that the Court order the parties to
confer and submit to the Court a revised case management and briefing schedule within thirty
days following issuance of final findings based upon the analysis or, if one is prepared, within
thirty days following completion of a supplemental environmental impact statement and any
related modification of the record of decision.
To answer any questions the Court might have, Federal Defendants are available at the
Court’s convenience for a telephonic status conference to discuss any of the issues raised by this
stipulated motion.
Plaintiffs and Defendant-Intervenor, through their respective counsel, have given their
consent to the relief requested herein.
This motion is filed in good faith and not for purposes of delay.
WHEREFORE, Federal Defendants, with the consent of Plaintiffs and Defendant-
Intervenor, request an extension of the stay currently in place through and including July 12,
201 3. If the stay is extended, Federal Defendants request that the Court order the parties to
confer and submit to the Court a revised case management and briefing schedule within thirty
days following the Forest Service’s issuance of final findings based upon its analysis or, if one is
prepared, within thirty days of completion of a supplemental environmental impact statement
and any related modification of the record of decision.
Dated at Burlington, in the District of Vermont, this – day of May, 201 3.
Respectfully submitted,
Defendants:
COLLEEN MADRID, FOREST SUPERVISOR OF THE GREEN MOUNTAIN NATIONAL
FOREST; BOB BAYER, PROJECT COORDINATOR OF THE DEERFIELD WIND
PROJECT, MANCHESTER DISTRICT; KATHLEEN ATKINSON, REGIONAL FORESTER
OF THE EASTERN REGION, IN THEIR OFFICIAL CAPACITIES AS EMPLOYEES OF
THE U.S.D.A FOREST SERVICE
IGNACIA S. MORENO
Assistant Attorney General
By:
Is/ Cynthia S. Huber
Cynthia S. Huber
U.S. Department of Justice
Environment and Natural Resources Division
Assistant Section Chief
Natural Resources Section
601 D St. NW
Washington, DC 20004
202-5 14-5273
Cvnthia.Huber0,usdoi . ~ o v
TRISTRAM J. COFFIN
United States Attorney
By:
Is/ Nikolas P. Kerest
Nikolas P. Kerest
Assistant United States Attorney
P.O. Box 570
Burlington, Vermont 05402
(802) 95 1-6725
Nikolas.Kerest(%usdoi.gov
Iberdrola Watch 
Reblogged this on Iberdrola Watch.
Reblogged this on Vermonters for a Clean Environment's Blog.