Babbitt

MEMORANDUM OF OPINION AND ORDER

Plaintiffs challenge the United States Fish and Wildlife Service’s issuance of an incidental take permit to allow development in the Natomas Basin, a 53,000 acre tract of largely undeveloped land stretching to the North of the City of Sacramento. The Natomas Basin contains habitat of the Giant Garter Snake, a threatened species under the federal Endangered Species Act, and the Swainson’s hawk, a threatened species under the California Endangered Species Act. The parties now bring cross-motions for summary judgment.

I. Background and Procedural History

A The Natomas Basin

The Natomas Basin (“Basin”) is a low-lying region of predominately agricultural lands in the Sacramento Valley consisting of approximately 53,000 acres. The Basin is part of a larger flood plain known as the American Basin, and is situated at the northern end of the City of Sacramento (“City”). Approximately 22% of the area of the Basin is within the City limits, with the remainder to the north, in the jurisdiction of Sacramento and Sutter Counties. Because the area was subject until recently to frequent flooding, the Basin has remained relatively immune from development despite…