Hobbs

ORDER RE DEFENDANTS’ MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT

I. INTRODUCTION

In this action, Gerald Hobbs (“Plaintiff’) is suing G. Lynn Sprague, in his official capacity as Regional Forester for the Pacific Southwest Region of the United States Forest Service (“USFS”), and the United States Forest Service itself (collectively “Defendants”) for alleged violations of the Endangered Species Act (“ESA”). Defendants initially brought a motion under Federal Rule of Civil Procedure Rule 12(b)(1) to dismiss Plaintiffs claims for lack of subject mater jurisdiction, claiming that Plaintiff lacks standing to assert his claims. Plaintiff responded by providing this Court with materials outside the pleadings, thereby converting the motion before the Court to one for summary judgment.

II. BACKGROUND

Plaintiff filed suit against Defendants on February 1, 1999 to force compliance with the substantive and procedural requirements of the ESA. Specifically, Plaintiff seeks to have Defendants consult with the Fish and Wildlife Service (“FWS”) regarding the effects of the on-going Land and Resource Management Plans (“LRMPs”) for the Angeles, Los Padres, San Bernar-dino and…