Free Order on Motion for Leave to File - District Court of California - California

Case 3:07-cv-04771-EDL

Document 78

Filed 11/29/2007

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[Proposed] Order granting Mtn for leave to submit classified decl for ex parte, in camera review NRDC v. Gutierrez, Case No. 07-4771-EDL

RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division UNITED STATES DEPARTMENT OF JUSTICE JEAN E. WILLIAMS, Chief KRISTEN L. GUSTAFSON, Senior Trial Attorney Wildlife and Marine Resources Section GUILLERMO MONTERO, Trial Attorney Natural Resources Section Environment & Natural Resources Division UNITED STATES DEPARTMENT OF JUSTICE Benjamin Franklin Station - P.O. Box 7369/ P.O. Box 663 Washington, D.C. 20044 (202) 305-0211 (tel.) / (202) 305-0443 (tel.) (202) 305-0275 (fax)/ (202) 305-0274 (fax) [email protected] [email protected]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al.,

) ) Civ. Action No. 07-4771-EDL ) Plaintiffs, ) [PROPOSED] ORDER GRANTING ) DEFENDANTS' MOTION FOR LEAVE TO v. ) SUBMIT CLASSIFIED DECLARATION FOR ) EX PARTE AND IN CAMERA REVIEW CARLOS GUTIERREZ, SECRETARY ) OF THE UNITED STATES ) DEPARTMENT OF COMMERCE, et al. ) ) Judge: Hon. Elizabeth D. Laporte Defendants. ) Ctrm: E ) Hearing Date: December 11, 2007 ) Time: 9 a.m. ) ____________________________________)

Case 3:07-cv-04771-EDL

Document 78

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[PROPOSED] ORDER Upon consideration of Defendants' Motion for Leave to Submit Classified Declaration for Ex Parte and In Camera Review ("Motion") and all relevant briefs, it is hereby ORDERED that Defendants' Motion is GRANTED; and it is further ORDERED that the proposed Classified Declaration shall be handled in accordance with the procedures set forth in 28 C.F.R. § 17, including the following: (1) Classified information is not to be disclosed or introduced into evidence without the prior approval of either the originating agency, the Attorney General, or the President. See 28 C.F.R. § 17.17(c)(2). Attendance at any proceeding where classified information will be disclosed is to be limited to those persons with appropriate authorization to access this information, whose duties require knowledge or possession of the classified information to be disclosed. See 28 C.F.R. § 17.17(c)(3). Aside from the Judge herself, access to classified information disclosed in this action is to be limited to those Court employees who have been determined eligible for such access by the Department of Justice Security Officer and who have been fully advised of all pertinent safeguarding requirements and their liability in the event of unauthorized disclosure. See 28 C.F.R. §§ 17.17(c)(3) and (c)(10); 28 C.F.R. § 17.46(c). Classified documents are to be appropriately handled and stored in a manner consistent with Department of Justice security directives. See 28 C.F.R. §§ 17.17(c)(4) & (7). In the event that the Court wishes to hear any testimony or oral argument which the government believes would include classified information, this testimony or argument is to be recorded and transcribed pursuant to the instructions of the Department of Justice Security Officer. See 28 C.F.R. § 17.17(c)(7).

[Proposed] Order granting Mtn for leave to submit classified decl for ex parte, in camera review NRDC v. Gutierrez, Case No. 07-4771-EDL

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Case 3:07-cv-04771-EDL

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(6)

Any notes or other documents prepared by the Court or its personnel that contain classified information are to be prepared, handled, and stored consistent with the directives of the Department of Justice Security Officer, see 28 C.F.R. § 17.17(c)(7), and retrieved at the close of the proceedings by the Department of Justice Security Officer for safeguarding or destruction. See 28 C.F.R. § 17.17(c)(9).

(7)

At the conclusion of the proceedings, all original classified information shall be returned to the Department of Justice or the originating agency, or placed under court seal for safekeeping by the Department of Justice Security Officer. See 28 C.F.R. § 17.17(c)(8); and it is further

ORDERED that the Defendants shall deposit the classified declaration with the Department of Justice Regional Security Office, located at 450 Golden Gate Ave., San Francisco, CA, on the 9th floor, where it shall be stored in an appropriate secured facility. Upon request, an individual with the Department of Justice's Security Office and with an appropriate security clearance shall hand-carry the Classified Declaration to the Court, remain present during the Court's ex parte and in camera review, and return the classified Declaration to the secured safe at the conclusion of the Court's review. SO ORDERED.
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19 20 21 22 23 24 25 26 27 28 November 29, 2007 Dated: _________________

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[Proposed] Order granting Mtn for leave to submit classified decl for ex parte, in camera review NRDC v. Gutierrez, Case No. 07-4771-EDL

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O OR _____________________________________ IT IS S Hon. Elizabeth D. Laporte United States Magistrate. Laporte Judge D
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