Norton

MEMORANDUM OF OPINION AND ORDER

Plaintiffs are various environmental organizations who challenge the Secretary of the Interior’s issuance of an incidental take permit under the Endangered Species Act (“Act”) for the proposed Metro Air Park (“Metro”) development. The development is located adjacent to the Sacramento International Airport in an area of Sacramento known as North Natomas. Based on Metro Air Park’s proposed Habitat Conservation Plan (“Plan”), the Secretary, through the Fish and Wildlife Service (“Service”), issued an incidental take permit to the Metro Air Park Property Owners Association (“Association”). Plaintiffs challenge the Plan and the permit principally on the grounds that (1) the Association has not ensured adequate funding for the mitigation measures and (2) the required mitigation is not the maximum practicable. The parties have filed cross-motions for summary judgment.

I. Facts and Procedural History

A. The Metro Air Park Project

The Metro project site is located next to the Sacramento International Airport, between Elkhorn Boulevard and Elverta Road. (AR 6007.) The site is located within the Natomas Basin in Sacramento County. (AR 6004.) The project…