Buono

ORDER 1) GRANTING PLAINTIFF’S MOTION TO ENFORCE PERMANENT INJUNCTION, 2) DENYING PLAINTIFF’S MOTION TO MODIFY THE INJUNCTION AS MOOT, AND 3) PERMANENTLY ENJOINING DEFENDANTS’ IMPLEMENTATION OF THE PROVISIONS OF SECTION 8121 OF PUBLIC LAW 108-

The court, Judge Robert J. Timlin, has read and considered plaintiff Frank Buono (“Plaintiff”)’s motion to enforce or, in the alternative, modify the permanent injunction (“motion”), defendants Gale Norton, Secretary of the Interior, Jonathan Jarvis, Regional Director of the Pacific West Region of the Department of Interior, and Mary Martin, Superintendent of the Mojave Desert Preserve (collectively, “Defen dants”)’ response, and Plaintiffs reply. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

On July 24, 2002, this court held that a Latin cross situated upon a prominent rock on federal land in the Mojave National Preserve (“the Preserve”), which the government had designated as a national monument for World War I veterans during this litigation, violated the Establishment Clause of the First Amendment. Buono v. Norton, 212 F.Supp.2d 1202, 1217 (C.D.Cal.2002). The court entered a judgment that “Defendants,…