Center for Biological Diversity v. U.S. Fish & Wildlife Service

MEMORANDUM & ORDER

Re: Cross-Motions for Summary Judgment

The Center for Biological Diversity and several other conservation groups (“plaintiffs”) brought this action against three federal agencies (“defendants”), asserting violations of those agencies’ responsibilities under the Endangered Species Act (“ESA”). Specifically, plaintiffs challenge two biological opinions underlying the U.S. Forest Service’s revised forest plans for four southern California forests, alleging that the biological opinions did not contain incidental take statements as required by the ESA. Now before the court are cross-motions for summary judgment. Having considered the parties’ submissions and arguments, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

I. The Parties

Plaintiff Center for Biological Diversity is a tax-exempt, non-profit membership organization with nearly 60,000 members, including 4,800 members in southern California. Hogan Dec. ¶ 2. Plaintiff Los Padres ForestWatch is an 800-member, community-based non-profit organization headquartered in Santa Barbara, California, which seeks to protect the Los Padres National Forest and other…