Environmental Protection Information Center, Inc. v. Pacific Lumber Co.

Caution
67 F. Supp. 2d 1113·99 Daily Journal DAR 11229·1999 WL 669193·1999 U.S. Dist. LEXIS 12514
United States District Court, Northern District of CaliforniaMay 5, 1999C-98-3129 MHPCalifornia7,707 words

Opinion

Opinion

Patel, J.

MEMORANDUM AND ORDER

Plaintiffs Environmental Protection Information Center (“EPIC”) and Sierra Club bring this action against defendants Pacific Lumber Company (“PALCO”) and its subsidiaries Scotia Pacific Holding Company and Salmon Creek Corporation alleging violations of section 7(d) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536 (d), and seeking declaratory and injunctive relief. On March 15, 1999, this court issued a final order granting plaintiffs’ motion for preliminary injunction prohibiting PALCO from conducting or allowing any logging activities of any kind within the boundaries of Timber Harvest Plans (“THP”) Nos. 1-96-413 HUM, 1-96-307 HUM, and 1-97-286 HUM.

Now before the court is a motion for partial summary judgment filed by plaintiffs and a motion for summary judgment and/or to dismiss by defendants on grounds that this action is moot. At oral argument on March 15, 1999, the court further issued an order to show cause why this action should not be dismissed as moot. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

Underlying this dispute are…

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