Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 1 of 8
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`TODD KIM
`Assistant Attorney General
`Environment & Natural Resources Division
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`LEILANI DOKTOR, admitted to HI Bar
`E-Mail: leilani.doktor@usdoj.gov
`150 M Street NE
`Washington, D.C. 20002
`Tel: (202) 305-0447 / Fax: (202) 305-0506
`leilani.doktor@usdoj.gov
`Attorneys for Federal Defendants
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF CALIFORNIA
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`Case No. 1:21-cv-00475-DAD-SAB
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`STIPULATED SETTLEMENT
`AGREEMENT
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`v.
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` Plaintiffs,
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`CENTER FOR BIOLOGICAL
`DIVERSITY, et al.,
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`U.S. BUREAU OF LAND
`MANAGEMENT, et al.,
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` Defendants.
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`
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` Plaintiffs Center for Biological Diversity, Friends of the Earth, and Sierra Club, and
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`Federal Defendants, the United States Bureau of Land Management (“BLM”), Debra Haaland
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`in her official capacity as Secretary of the Interior, and Karen Mouritsen in her official capacity
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`as BLM California State Director (collectively “the Parties”), hereby enter into this Settlement
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`Agreement for the purpose of resolving this lawsuit without further judicial proceedings. The
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`Parties hereby state as follows:
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`1
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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`

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`Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 2 of 8
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`WHEREAS, on December 8, 2020, BLM’s Bakersfield Field Office issued a decision
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`record (“2020 DR”) offering for sale seven oil and gas leases encompassing 4,134 acres of
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`public land in Kern County, California, and adopting an accompanying Environmental
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`Assessment (“2020 Lease Sale EA”) and Finding of No Significant Impact;
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`WHEREAS, on December 10, 2020, BLM leased seven parcels of public land;
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`WHEREAS, on March 22, 2021, Plaintiffs filed a complaint for declaratory and
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`injunctive relief against the Federal Defendants challenging the 2020 DR and alleging that the
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`2020 Lease Sale EA did not take a hard look at the direct, indirect, and cumulative impacts of
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`the lease sale on groundwater, air quality, greenhouse gas emissions and the climate, imperiled
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`species, human health, and environmental justice communities; did not consider a reasonable
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`range of alternatives; and did not appropriately tier its analysis to the 2014 Bakersfield
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`Resource Management Plan and Environment Impact Statement (“2014 RMP & EIS”) and
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`2019 Supplemental Environmental Impact Statement (“2019 SEIS”), all in violation of the
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`National Environmental Policy Act (“NEPA”);
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`WHEREAS, on May 21, 2021, the Parties filed a stipulation to stay the case to facilitate
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`settlement negotiations (ECF No. 7), conserve the Parties’ and judicial resources, and resolve
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`this lawsuit without further litigation; and
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`WHEREAS, the Parties, through their authorized representatives, and without any
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`admission or adjudication of the issues of fact or law, have reached a settlement resolving the
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`claims in this case;
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`THEREFORE, the Parties enter this Settlement Agreement (“Agreement”) and stipulate
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`as follows:
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`1. The Parties agree to BLM’s voluntary remand without vacatur of the 2020 DR
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`offering seven parcels in the Bakersfield Field Office planning area for sale and
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`approving the 2020 Lease Sale EA for the sale.
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`2. During remand, Federal Defendants agree to prepare a supplement to the 2020
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`Lease Sale EA pursuant to NEPA. Federal Defendants reserve the right to
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`combine the supplemental analysis for the 2020 Lease Sale EA with the
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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`Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 3 of 8
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`supplemental analysis completed for the 2019 SEIS pursuant to the stipulated
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`settlement agreement in Center for Biological Diversity v. U.S. Bureau of Land
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`Management, No. 2:20-CV-00371 DSF (C.D. Cal., filed Jan. 14, 2020).
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`Following issuance of the supplemental NEPA analysis for the 2020 Lease Sale
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`EA, Federal Defendants agree to issue a new decision document. The new
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`decision document will amend or supersede the 2020 DR to the extent
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`determined necessary or appropriate by Federal Defendants.
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`3. Federal Defendants agree that the supplement to the 2020 Lease Sale EA may
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`tier to existing NEPA documents for the Bakersfield Field Office, or any new
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`analysis completed pursuant to the stipulated settlement agreement for Center
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`for Biological Diversity, No. 2:20-cv-00371-DSF, to the extent BLM deems
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`appropriate.
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`4. Federal Defendants agree to apply the 1978 Council on Environmental
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`Quality regulations implementing NEPA to the supplement to the 2020
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`Lease Sale EA, to the extent consistent with law.
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`5. Pending issuance of the new decision contemplated in Paragraph 2, Federal
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`Defendants agree to defer approval of any applications for permits to drill
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`(“APDs”) on the seven leases challenged in this case.
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`6. In the preparation of the supplement to the 2020 Lease Sale EA, Federal
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`Defendants agree to comply with all relevant requirements of NEPA,
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`including requirements for public notice and comment. As part of the public
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`notice and comment process, Federal Defendants agree to:
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`a) hold at least one live meeting for members of the public to provide
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`input on the supplement to the 2020 Lease Sale EA1;
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`b) provide a Spanish translator at any live meeting if specifically
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`requested of the BLM project manager at least 30 days before the
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`1 A “live meeting” may be in person and/or virtual.
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`3
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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`Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 4 of 8
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`meeting by or on behalf of an individual needing translation
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`services;
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`c) provide, for any live meeting, a transcription of the meeting in
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`Spanish within a reasonable time after the meeting concludes if
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`specifically requested of the BLM project manager in a timely
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`manner by or on behalf of an individual needing translation
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`services;
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`d) prepare in Spanish certain documents notifying the public of
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`opportunities to engage in BLM’s decisionmaking, including press
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`releases, public PowerPoints, and other written communication
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`materials announcing to the public meeting(s) related to the
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`preparation of the supplement to the 2020 Lease Sale EA, as well
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`as any project description portion of the supplement;
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`e) post in the Bakersfield Field Office public room, within a
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`reasonable time, any notices or notice of the availability of
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`documents translated into Spanish pursuant to Paragraph 6;
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`f) make copies of any notices or documents translated into Spanish
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`pursuant to Paragraph 6 available to individuals who request
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`translated versions.
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`7. Federal Defendants further agree to translate the new decision (without
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`attachments) to Spanish within a reasonable amount of time after the notice
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`of availability of the English version is published in the Federal Register.
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`Notwithstanding the commitments made in Paragraphs 6 and 7, the Parties
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`agree that the English versions of translated documents are the governing
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`versions of the documents and any error in translation may not be appealed
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`or otherwise challenged in any venue.
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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`Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 5 of 8
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`8. The Parties agree that Federal Defendants are under no obligation to provide
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`Spanish translation of any document or notice not identified in Paragraphs 6
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`and 7.
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`9. Pending issuance of the new decision for the supplement to the 2020 Lease
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`Sale EA, Federal Defendants agree to file semiannual status reports
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`regarding the status of proceedings on remand beginning one year after the
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`dismissal of the case.
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`Dismissal of Case and Additional Terms
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`10. The Parties agree to submit to the Court the accompanying stipulation of
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`dismissal and proposed order dismissing this lawsuit with prejudice pursuant
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`to Fed. R. Civ. P. 41(a)(1)(A)(ii), provided that the Court shall retain
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`jurisdiction solely for the purposes of enforcing this Agreement, subject to
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`the limitations in Paragraphs 12 and 13. If the Court does not dismiss the
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`case, this Agreement is voidable by any Party.
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`11. The terms of this Agreement shall become effective upon dismissal of this
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`lawsuit by the Court.
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`12. The Parties agree that they will notify the Court within 14 days after BLM’s
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`issuance of the new decision document for the supplement to the 2020 Lease
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`Sale EA. This Agreement, and the Court’s jurisdiction over this case, shall
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`terminate upon receipt of that notification.
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`13. Any challenge to the adequacy of the supplement and new decision
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`contemplated in Paragraph 2 must take the form of a new civil action under
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`the judicial review provisions of the Administrative Procedure Act (“APA”),
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`and may not be asserted as a claim for violation of this Agreement or in a
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`motion to enforce the terms of this Agreement. The Parties acknowledge
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`that nothing in this Agreement limits Plaintiffs’ right to challenge the new
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`NEPA analysis and decision in a separate administrative or judicial action
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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`Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 6 of 8
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`under the judicial review provisions of the APA, 5 U.S.C. §§ 701-706, and
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`that nothing in this Agreement limits Federal Defendants’ rights to assert
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`any applicable defenses.
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`14. In the event of a dispute arising out of or relating to this Agreement, or if
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`any of the Parties believes another Party has breached its obligations under
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`this Agreement, the Party raising the dispute or alleging breach shall provide
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`the other Parties written notice and a reasonable opportunity to resolve the
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`dispute or cure the alleged breach. The Parties agree that they will meet and
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`confer (either telephonically or in person) within 30 days of being notified
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`of a dispute in a good faith effort to resolve any disputes or alleged
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`breaches. If the Parties are unable to resolve the dispute themselves, then the
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`Parties may seek enforcement from the Court, subject to the limitations in
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`Paragraphs 12 and 13. The Parties agree that they will not seek contempt of
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`court or money damages as an available remedy for any alleged violation of
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`this Agreement.
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`15. Nothing in this Agreement shall be construed or offered as evidence by any
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`Party in any proceeding as an admission to any wrongdoing, liability, or any
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`issue of fact or law concerning the claims settled under this Agreement or
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`any similar claims brought in the future by any other party. Except as
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`expressly provided in this Agreement, none of the Parties waives or
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`relinquishes any legal rights, claims, or defenses it may have.
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`16. Nothing in this Agreement shall have precedential value in any litigation or
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`in representations before any court or forum or in any public setting. This
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`Agreement is executed for the purpose of settling Plaintiffs’ complaint, and
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`it is based on and limited solely to the facts involved in this case.
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`17. Each Party will bear its own attorneys’ fees, costs, and other expenses
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`incurred during the entirety of this case, including those related to
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`negotiation of this Agreement and prior attempts to reach settlement. By this
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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`Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 7 of 8
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`Agreement, Federal Defendants do not waive any right to contest fees and
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`costs claimed by Plaintiffs or Plaintiffs’ counsel in any future litigation or
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`continuation of the present action.
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`18. Plaintiffs and their counsel, assigns, executors, and administrators agree to
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`forever release, abandon, waive, and discharge the United States and Federal
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`Defendants from any and all claims, demands, damages, causes of action, or
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`suits at law or equity to recover fees, costs, or expenses with respect to any
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`aspect of this litigation.
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`19. No provision of this Agreement shall be interpreted as, or constitute, a
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`commitment or requirement that Federal Defendants take action in
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`contravention of the APA, the Anti-Deficiency Act, 31 U.S.C. § 1341, or
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`any other law or regulation.
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`20. The Parties agree that this Agreement was negotiated in good faith and that
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`it constitutes a settlement of claims that were disputed by the Parties. This
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`Agreement contains all the terms of agreement between the Parties
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`concerning the complaint, and is intended to be the final and sole agreement
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`between the Parties with respect thereto. The Parties agree that any prior or
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`contemporaneous representations or understandings not explicitly contained
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`in this written Agreement, whether written or oral, are of no further legal or
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`equitable force or effect.
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`21. The undersigned representatives of each Party certify that they are fully
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`authorized by the Party or Parties they represent to agree to the terms and
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`conditions of this Agreement and do hereby agree to the terms herein.
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`Further, each Party, by and through its undersigned representative,
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`represents and warrants that it has the legal power and authority to enter into
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`this Agreement and bind itself to the terms and conditions contained in this
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`Agreement.
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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`Case 1:21-cv-00475-DAD-SAB Document 26-1 Filed 07/29/22 Page 8 of 8
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`DATED: July 29, 2022
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`TODD KIM
`Assistant Attorney General
`Environment & Natural Resources Division
`
`/s/ Leilani Doktor
`LEILANI DOKTOR, admitted to HI Bar
`United States Department of Justice
`150 M Street NE
`Washington, D.C. 20002
`Tel: (202) 305-0447
`Fax: (202) 305-0506
`leilani.doktor@usdoj.gov
`
`Attorney for Federal Defendants
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`/s/ Michelle Ghafar
`MICHELLE GHAFAR (CA Bar No. 315842)
`mghafar@earthjustice.org
`Earthjustice
`50 California Street, Suite 500
`San Francisco, CA 94111
`Tel: (415) 217-2000 / Fax: (415) 217-2040
`
`/s/Elizabeth Forsyth__
`ELIZABETH B. FORSYTH (CA Bar No. 288311)
`eforsyth@earthjustice.org
`Earthjustice
`810 Third Avenue, Suite 610
`Seattle, WA 98104
`Tel: (213) 766-1067 / Fax: (415) 217-2040
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`Counsel for Center for Biological Diversity, Friends of
`the Earth, and Sierra Club
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`STIPULATED SETTLEMENT AGREEMENT
`Center for Biological Diversity v. BLM, Case No. 1:21-cv-00475-DAD-SAB
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