Lubchenco

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

In this civil action for declaratory and injunctive relief, Plaintiffs Center for Biological Diversity and Greenpeace (collectively, “Plaintiffs”) allege that Defendants Jane Lubehenco, Administrator of the National Oceanic and Atmospheric Administration (“NOAA”), Gary Locke, the United States Secretary of Commerce, and the National Marine Fisheries Service (“NMFS”) violated the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 , et seq., in failing to list the ribbon seal as threatened or endangered. See Compl. ¶ 1; see also Administrative Record (“AR”) 13 (Endangered and Threatened Wildlife; Notice of 12-Month Finding on a Petition to List the Ribbon Seal as a Threatened or Endangered Species, 73 Fed. Reg. 79822 ). The parties filed cross-motions for summary judgment, which were fully briefed. In addition, the State of Alaska filed two amicus briefs in support of Defendants. The Court held a hearing on September 2, 2010. For the reasons stated at the hearing and in this Order, the Court denies Plaintiffs’ Motion for Summary Judgment and grants Defendants’…