CENTER FOR BIOLOGICAL DIVERSITY v. DIRK KEMPTHORNE - STIPULATED SETTLEMENT AGREEMENT - C-05-5191-JSW

Sep 15, 2026

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Stipulated Settlement Agreement in the U.S. District Court for the Northern District of California (San Francisco Division) resolving a dispute under the Endangered Species Act. Plaintiffs, including the Center for Biological Diversity and other petitioners, alleged defendants failed to issue timely 90-day and 12-month findings on a petition to list the polar bear as threatened. The parties agree defendants must complete and publish the 12-month finding by December 27, 2006, and provide it to plaintiffs the day it is officially filed, with dismissal subject to court approval and retention of jurisdiction for compliance.

LanguageEnglish

CategoryLetters

FormatPDF

Pages6

Reading Time2 min

AccessFree to download

Stipulated Settlement Agreement

Background and Allegations

Key Terms and Deadlines

Dismissal and Court Jurisdiction

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION | | | --- | --- | | CENTER FOR BIOLOGICAL DIVERSITY, et al.,
Plaintiffs,
v.
DIRK KEMPTHORNE, Secretary of the Department of the Interior et al.,
Defendants. | Case No: C-05-5191-JSW
STIPULATED SETTLEMENT AGREEMENT | | STIPULATED SETTLEMENT AGREEMENT
Plaintiffs Center for Biological Diversity, Natural Resources Defense Council, Greenpeace, Inc., and Defendants Dirk Kempthorne, Secretary of the Department of the Interior (the “Secretary”),1 and the U.S. Fish and Wildlife Service (the “Service”), by and through their undersigned counsel, say as follows:
WHEREAS on February 16, 2005 Plaintiff Center for Biological Diversity filed a Petition to List the Polar Bear ( Ursus maritimus) as a Threatened Species under the Endangered Species Act, 16 U.S.C.§§ 1531 et seq.;
WHEREAS on July 5, 2005, Plaintiffs sent Defendants a letter in which Natural Resources Defense Council and Greenpeace, Inc., joined as Petitioners and submitted additional information in support of the Petition to List the Polar Bear;
WHEREAS on October 11, 2005, Plaintiffs sent Defendants a 60-day Notice Letter of Intent to sue for violating the Endangered Species Act by failing to issue the 90-day petition finding;
WHEREAS on December 15, 2005, Plaintiffs filed a Complaint against Defendants, alleging
1 Pursuant to Fed. R. Civ. P. 25(d)(1), Dirk Kempthorne, Secretary of the Department of the Interior is automatically substituted for his predecessor, Gale A. Norton.
STIPULATED SETTLEMENT AGREEMENT C-05-5191-JSW
Page 1 | | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CasCeae:0-:--109511--WJSWDoDcoucnn132 Filieled06080606 PagPeaeof26of 6 violations of the Endangered Species Act, 16 U.S.C. §§ 1531 et seq., and specifically challenging Defendants’ failure to issue a 90-day petition finding on Plaintiffs’ Petition to List the Polar Bear submitted on February 16, 2005; WHEREAS on December 22, 2005, Plaintiffs sent Defendants additional information in support of the Petition to List the Polar Bear; WHEREAS Defendants issued a positive 90-day finding on the Petition to List the Polar Bear on February 9, 2006, and initiated a status review of the species; WHEREAS the Endangered Species Act requires that Defendants, following a positive 90-day finding, complete a 12-month petition finding pursuant to 16 U.S.C. § 1533(b)(3)(B) within twelve months of receipt of a petition to list a species; WHEREAS on March 9, 2006, Plaintiffs sent Defendants a 60-day Notice Letter of Intent to sue for violating the Endangered Species Act by failing to issue a timely 12-month petition finding; WHEREAS concurrent with the filing of this Stipulated Settlement Agreement (“Agreement”) Plaintiffs are filing an amended Complaint against Defendants, alleging violations of the Endangered Species Act, 16 U.S.C. §§ 1531 et seq., and specifically challenging Defendants’ failure to issue a timely 12-month petition finding on Plaintiffs’ Petition to List the Polar Bear submitted on February 16, 2005; WHEREAS Plaintiffsand Defendants would likely dispute the date that a 12-month petition finding for the polar bear is legally due, but all Parties desire that Defendants have sufficient time to complete such finding based on the best scientific and commercial data available to the Secretary; WHEREAS Plaintiffs and Defendants, through their authorized representatives, and without any admission or final adjudication of the issues offact or law with respect to Plaintiffs’ claim, have reached a settlement that they consider to be a just, fair, adequate, and equitable resoluti

FAQs

What is the case number and court for this stipulated settlement agreement?

The agreement is in the U.S. District Court for the Northern District of California, San Francisco Division, and references Case No: C-05-5191-JSW.

What action must defendants complete under the settlement?

Defendants must complete the 12-month finding on the February 16, 2005 petition to list the polar bear and submit it for publication to the Office of the Federal Register by December 27, 2006.

What happens after the court approves the agreement?

Upon court approval, plaintiffs’ amended complaint is dismissed with prejudice under Federal Rule of Civil Procedure 41(a)(1), and the court retains jurisdiction to oversee compliance with the agreement’s terms.

Sep 15, 2026

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