Case 2:19-cv-01059-BJR Document 6 Filed 07/15/19 Page 1 of 2

7
The Honorable Barbara J. Rothstein
8
UNITED STATES DISTRICT COURT
9 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
10
STATE OF WASHINGTON, NO. 2:19-cv-01059-BJR
11
Plaintiff, NOTICE OF RELATED CASES
12
v.
13
The UNITED STATES DEPARTMENT
14 OF THE NAVY, an agency within the
United States Department of Defense;
15 MARK T. ESPER, in his official capacity
as Acting United States Secretary of
16 Defense; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
17 TODD C. MELLON, in his official
capacity as Acting Assistant Secretary of
18 the Navy, Energy, Installations &
Environment; and CAPTAIN
19 MATTHEW L. ARNY, in his official
capacity as Commanding Officer of
20 Naval Air Station Whidbey Island,
21 Defendants.
22

23 Pursuant to LCR 3(g), the State of Washington hereby submits this notice of a pending,

24 related case in the Western District of Washington. The related case is Citizens of the Ebey’s

25 Reserve for a Healthy, Safe and Peaceful Environment, et al. v. United States Department of

26 the Navy, et al., Case No. 2:19-cv-01062, assigned to Magistrate Judge J. Richard Creatura.

NOTICE OF RELATED CASES -- NO. 1 ATTORNEY GENERAL OF WASHINGTON

Counsel for Environmental Protection
2:19-CV-01059-BJR 800 Fifth Avenue STE 2000
Seattle, WA 98104
(206) 464-7744
 Case 2:19-cv-01059-BJR Document 6 Filed 07/15/19 Page 2 of 2

1 That case was filed on July 9, 2019, after the State of Washington filed its case earlier in the
2 day; counsel for the plaintiffs in that matter listed the State of Washington’s case (and one
3 other) as related on their Civil Cover Sheet and file a Notice of Related Cases on July 11, 2019.
4 Citizens of Ebey’s Reserve, et al. v. Navy, et al., challenges the same Record of Decision
5 and Final Environmental Impact Statement challenged by the State of Washington, and
6 involves the same defendant federal agencies and officers.
7 Although the plaintiffs, claims, and remedies are not identical, they substantially
8 overlap, and the two cases will share similar legal arguments and the same administrative
9 record. It appears likely that there would be an unduly burdensome duplication of labor and
10 expense or the potential for conflicting results if the cases were conducted before different
11 judges.
12 DATED this 15th day of July, 2019.
13 ROBERT W. FERGUSON
Attorney General of Washington
14
s/ William Sherman
15 William Sherman, WSBA #29365
Assistant Attorney General
16 Aurora Janke, WSBA #45862
Special Assistant Attorney General
17 Washington Attorney General’s Office
Counsel for Environmental Protection
18 800 5th Ave Ste. 2000 TB-14
Seattle, Washington 98104-3188
19 (206) 233-3391
Bill.Sherman@atg.wa.gov
20 Aurora.Janke@atg.wa.gov
21

22

23

24

25

26

NOTICE OF RELATED CASES -- NO. 2 ATTORNEY GENERAL OF WASHINGTON

Counsel for Environmental Protection
2:19-CV-01059-BJR 800 Fifth Avenue STE 2000
Seattle, WA 98104
(206) 464-7744