Norton

Center for Biological Diversity v. Norton

Good Law

208 F. Supp. 2d 1044·2002 WL 1362989·2002 U.S. Dist. LEXIS 16785

United States District Court, Northern District of CaliforniaMarch 5, 2002C 01-2950 SCCalifornia3,595 words

Opinion

Conti, J.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

On July 31, 2001, Plaintiffs Center for Biological Diversity, the Center for Sierra Nevada Conservation, the Natural Resources Defense Council and the Sierra Nevada Forest Protection Campaign, (“Plaintiffs”) filed a Complaint for Declaratory and Injunctive Relief to compel Defendants Secretary of the Interior Gale Norton (“Secretary”) and Acting Director of the United States Fish and Wildlife Service (“Service”) Marshall Jones (collectively “Defendants”) to comply with certain listing provisions of the Endangered Species Act (“ESA”), 16 U.S.C. § 1533 . Now before the Court is Plaintiffs’ Motion for Summary Judgment. For the follow ing reasons, Plaintiffs’ Motion is granted in part and denied in part.

II. BACKGROUND

Plaintiffs are environmental agencies who seek protection under the ESA for two species: the California spotted owl (Strix occidentalis occidentalis) (“owl”) and the west coast population of the fisher (Martes pennanti) (“fisher”). The owl occurs on both the west and east sides of the Sierra Nevada, in the central Coast Ranges at least as far north as Monterey County…

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