Order Protected Confidentiality of Settlement Negotiations over
Litigation Related to the California Condor
Tejon Ranch Company is asking the U.S. Fish and Wildlife Service (FWS)
and the Department of Justice to support its efforts to have a U.S.
District Court vacate a Protective Order issued to maintain the
confidential nature of settlement negotiations between the Tejon Ranch
and the FWS over a federal lawsuit filed by the Ranch in 1997.
“The pending settlement of our lawsuit has produced an outstanding
result – a proposed Multi-Species Habitat Conservation Plan that
protects the California condor and 26 other animal and plant species,”
said Robert A. Stine, President and CEO of Tejon Ranch Company. “As the
MSHCP process is nearing its completion, we believe the Protective Order
is no longer necessary, and having received a request from three of the
environmental resource organizations that are part of the Tejon Ranch
Conservation and Land Use Agreement, we have instructed our attorneys to
seek the support of the FWS and the Justice Department in asking the
court to remove the Order.”
The Tejon Ranch Conservation and Land Use Agreement was ratified last
year by Tejon Ranch Company, Audubon California, Endangered Habitats
League, Natural Resources Defense Council, Planning and Conservation
League, and the Sierra Club, and will result in the permanent
conservation of up to 90% of the 270,000-acre Ranch. Three of those
organizations, Natural Resources Defense Council, Sierra Club and
Audubon California, recently contacted Tejon Ranch to express concern
that the Protective Order could create the appearance of nondisclosure,
something contrary to the very comprehensive science-based negotiations
that led to the historic agreement.
“The MSHCP is based on the best science available to protect the condor
and other species, and its evaluation is a very open, transparent and
public process – as it should be,” said Stine. “If the Protective Order
gives the appearance otherwise, it should be lifted and that’s exactly
what we’re asking of the court.”
Background regarding litigation
In 1997, Tejon Ranch filed suit against the FWS, with the Ranch seeking
a "10(j) Rule" for California condors expected to be released in
Southern California. Such a rule has been successfully applied by FWS in
Arizona, where the California condor population has now grown
exponentially.
