Salazar

ORDER GRANTING CSUC’S MOTION TO INTERVENE; DENYING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

The Otter Project; Environmental Defense Center (“Plaintiff’) brings this action against the United States Department of Interior and the United States Fish and Wildlife Service (collectively, “Defendant”) for declaratory and injunctive relief under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706 (1). Plaintiff alleges that Defendants violated the APA by refusing to make a determination as to whether the translocation program of California sea otters has failed after its commencement nearly 24 years ago.

Presently before the Court are Federal Defendants’ Motion to Dismiss First Amended Complaint for Lack of Subject-Matter Jurisdiction Pursuant to Fed. R.Civ.P. 12(b)(1), and Motion of California Sea Urchin Commission, et al. (collectively, “Proposed Intervenors”) for Leave to Intervene. The Court conducted a hearing on March 22, 2010. Based on the papers submitted to date and oral argument, the Court GRANTS CSUC’s Motion to Intervene and DENIES Defendants’ Motion to Dismiss.

II. BACKGROUND

In a First Amended Complaint filed on December 23, 2009, Plaintiffs allege as…