Badgley

San Luis & Delta-Mendota Water Authority v. Badgley

Good Law
136 F. Supp. 2d 1136·2000 WL 33174417·2000 U.S. Dist. LEXIS 17779
United States District Court, Eastern District of CaliforniaJune 28, 2000CV-F-99-5658 OWWCalifornia6,601 words

Opinion

Opinion

Wanger, J.

MEMORANDUM AND ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT; DEFENDANTS’ MOTION TO STRIKE; PLAINTIFFS’ MOTION TO SUPPLEMENT THE RECORD

I. INTRODUCTION

This matter is before the Court on various motions to determine a challenge to the United States Fish and Wildlife Service’s (“USFWS”) final rule listing the Sacramento splittail (“splittail”) as a threatened species under the Endangered Species Act (“ESA”). In November 1999, the parties submitted cross-motions for summary judgment. See Docs. 36, 40. With their summary judgment motion, Plaintiffs’ filed the declaration of Dr. Charles Hanson. See Doc. 38. As exhibits to his declaration, Dr. Hanson included calculations he made using the 1998 abundance indices data included in the Administrative Record regarding splittail population trends. See Hanson Decl. ¶ 4. Defendants moved to strike the declaration of Dr. Charles Hanson and all the references to it in Plaintiffs’ brief because his study was not part of the administrative record. See Doc. 58. Plaintiffs op posed this motion and moved to supplement the record, see Doc. 53, to which Defendants replied, see Doc. 68.

II. LEGAL STANDARD

Summary judgment is appropriate only “if the…

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