Home Builders Association of Northern California v. United States Fish and Wildlife Service

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

This action has been brought by plaintiffs Home Builders Association of Northern California, California Building Industry Association, and Building Industry Legal Defense Foundation against defendants United States Fish and Wildlife Service, H. Dale Hall, United States Department of the Interior, Lynn Scarlet, and defendant-intervenor Center for Biological Diversity to overturn the “threatened” status of the Central California population of the California tiger salamander under the Endangered Species Act, 16 U.S.C. § 1531 , et seq. For the reasons stated below, plaintiffs’ motion for summary judgment is Denied and defendants’ cross-motion for summary judgment is GRANTED.

STATEMENT

The Endangered Species Act is intended “to provide a means whereby the ecosystems upon which endangered species and threatened species may be conserved, [and] to provide a program for the conservation of such endangered species and threatened species.” 16 U.S.C. § 1531 (b). In determining whether a species should be listed as threatened or endangered, the process may begin…