Center for Biological Diversity v. Federal Highway Administration

Good Law
290 F. Supp. 2d 1175·2003 WL 22700917·2003 U.S. Dist. LEXIS 24022
United States District Court, Southern District of CaliforniaMarch 10, 200301CV1876JM(POR)California10,270 words

Opinion

Opinion

Miller, J.

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; GRANTING DEFENDANTS’ AND INTERVENORS’ CROSS MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS’ MOTION FOR INJUNC-TIVE RELIEF; DENYING OBJECTIONS TO DISCOVERY ORDER; GRANTING DEFENDANTS’ MOTION TO STRIKE; GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION TO STRIKE

Plaintiffs Center for Biological Diversity, Preserve South Bay, San Diego Audubon Society, Sierra Club and Preserve Wild Santee (collectively “Plaintiffs”) move for summary judgment on grounds that defendants Federal Highway Administration, U.S. Fish & Wildlife Service, and the U.S. Army Corps of Engineers (collectively “Federal Defendants”) failed to comply with federal environmental laws. Plaintiffs also seek to enjoin the developers of the project, California Transportation Venture, Inc. and San Diego Expressway, L.P. (collectively “Intervenors”), from continuing with any construction related activities. The Federal Defendants and Intervenors oppose the motion and have filed cross- motions for summary judgment. Having carefully considered the record before the court, pertinent legal authorities, and the arguments of counsel, the court, for the reasons set…

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