Sierra Club v. Hardin

No. C-3511 (D. Colo. November 10, 1971)

Scheduled hearings on the Uncompahgre Primitive Area under the Wilderness Act are not sufficient to discharge defendants' obligations under that Act. Defendants must convene a further hearing to determine if lands contiguous to the existing Primitive Area, or adjacent lands within the Area, are of wilderness character suitable for recommendation under the Act to the President and Congress for Wilderness Act protection.

Counsel for Plaintiffs:
H. Anthony Ruckel
538 Majestic Building
Denver, Colorado 80202
(303) 892-1144

Counsel for Defendants:
James L. Treece U.S. Attorney
323 United States Courthouse
Denver, Colorado 80202
(303) 837-4184

[1 ELR 20599]

Chilson, J.:

JUDGMENT

THIS MATTER having come before the Court upon Stipulation and Agreement by and between the parties herein, which Stipulation and Agreement is incorporated herein by reference, and this Court having determined that it has jurisdiction over this cause of action,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Stipulation and Agreement entered into by and between the parties herein on the 9th day of November, 1971, be made the final Order and Judgment of this Court.

IT IS FURTHER ORDERED that the Court retains jurisdiction over this cause for enforcement of this its Order and Judgment and that each party shall bear its own costs.

STIPULATION AND AGREEMENT

Parties plaintiff, by and through their attorney, H. Anthony Ruckel, and parties defendant, by and through their attorney, James L. Treece, United States Attorney, for final resolution of the matters herein stipulate and agree as follows:

1) That this Stipulation and Agreement supersedes ruling of defendant Edward P. Cliff, Chief, United States Forest Service on October 29, 1971, in the administrative appeal filed by certain plaintiffs herein.

2) That the announced hearings on the Uncompahgre Primitive Area proposal to be held on November 15 and 17, 1971, are informational in nature and do not jeopardize the wilderness characteristics of the Primitive Area or areas contiguous to it.

3) That the defendants shall convene a further and additional hearing as provided by the Wilderness Act of 1964, 16 U.S.C. 1131, et seq., on the lands contiguous to the existing Uncompahgre Primitive Area, and adjacent lands within the Primitive Area, which may be of wilderness character.

4) That defendants shall not prepare or transmit to the President or the United States Congress their review, or any type of study, report or recommendation of the Uncompahgre Primitive Area and its contiguous lands until the further and additional hearing provided for in paragraph 3) hereof has been held and a full integrated report and recommendation as provided by law has been made on the entire Uncompahgre Primitive Area and its contiguous lands.

5) That this agreement shall constitute full settlement and agreement of the issues brought before the Court by plaintiffs' complaint herein; that the parties hereto consent and agree to this Stipulation and Agreement being made the Order and Judgment of the Court herein; and that enforcement hereof may be sought in this Court, United States District Court for the District of Colorado, without the necessity of seeking any administrative remedy.

Dated this 9th day of November, 1971.