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MEMORANDUM AND ORDER

Plaintiff Butte Environmental Council (“BEC”) brought this suit to compel defendants to designate a critical habitat for four species of fairy shrimp under the Endangered Species Act (“ESA”), 16 U.S.C. § 1533 (a)(3). Plaintiff moves for summary judgment under Federal Rule of Civil Procedure 56 and an order compelling final designation of critical habitat for the four fairy shrimp species within six months.

I. Factual and Procedural Background

In September of 1994, the Fish and Wildlife Service (“the Service”) listed four species of fairy shrimp as endangered or threatened under the ESA. See 59 Fed. Reg. 48136 . The Service then determined that concurrent designation of a critical habitat for the fairy shrimp was “not prudent” because “such designation likely would increase the degree of threat from vandalism or other human activities.” 59 Fed.Reg. at 48151.

On March 31, 1999, the United States District Court for the District of Columbia ruled that the Service’s decision not to designate a critical habitat was “arbitrary and capricious” under section 706(2) of the Administrative Procedure Act, 5 U.S.C. § 706 (2)(A), and the court remanded the designation to…