Home Builders Ass'n v. United States Fish & Wildlife Service

MEMORANDUM OPINION AND ORDER RE PLAINTIFFS’ MOTION FOR MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT

This is an action for declaratory judgment and injunctive relief in which Home Builders Association of Northern California, California Chamber of Commerce, Construction Materials Association of California, Building Industry Legal Defense Foundation, California Alliance for Jobs, Steven M. DeLucchi, and Mary O. DeLuc-chi (“Plaintiffs”) challenge the final designation or “rule” designating critical habitat for the Alameda whipsnake, Masticophis lateralis euryxanthus, issued by the United States Fish and Wildlife Service (“the Service”). See 62 Fed.Reg. 64306. The court has federal question subject matter jurisdiction over this action under 28 U.S.C. section 1331 and pursuant to the Administrative Procedures Act, 5 U.S.C. sections 701-706 (providing for judicial review of agency action).

Plaintiffs move for summary judgment, contending that the Service designated critical habitat for the Alameda whipsnake (“the snake”) without adequate delineation of the area or sufficient analysis of the economic and other impacts of the designation in violation of…