Scarlett

ORDER

Plaintiffs Center for Biological Diversity, Sierra Nevada Forest Protection Campaign, Sierra Club, John Muir Project, Natural Resources Defense Council and Defenders of Wildlife move for an award of attorney fees and costs pursuant to § 11(g)(4) of the Endangered Species Act (ESA), 16 USC § 1540 (g)(4), in connection with their efforts to have the California spotted owl listed as endangered. Doc # 78. For reasons explained below, the Center’s motion is DENIED.

I

Plaintiffs initially petitioned the Fish and Wildlife Service (FWS) to list the California spotted owl as an endangered species on April 3, 2000. Pursuant to § 4(b)(3)(A) of the ESA, FWS made a 90-day finding that the petition presented substantial information that listing may be warranted and initiated a status review. 65 Fed Reg 60605. Plaintiffs filed a complaint in this court on July 31, 2001, to compel defendants to comply with certain listing provisions of the ESA. Judge Conti ordered defendants to make a final determination whether the California spotted owl should be listed as threatened or endangered by February 10, 2003. Center for Biological Diversity v. Norton, 208 F Supp 2d 1044, 1051 (N.D.Cal.2002).…