Cheney

MEMORANDUM OF DECISION ORDER AND JUDGMENT

Defendants brought this Motion for Summary Judgment Against Plaintiffs’ Third and Fourth Causes of Action. The Court took the matter under submission and hereby renders its opinion.

I. BACKGROUND

This law suit was instituted in July of 1986 by plaintiffs Animal Lovers Volunteer Association (“ALVA”). Defendants United States Fish and Wildlife Service (the “Service”), United States Navy and United States Department of Defense had recently begun trapping red fox at the Seal Beach National Wildlife Refuge in order to protect two endangered bird species on the Refuge, the California least tern and the light-footed clapper rail. The actions of the federal agencies at the Refuge are subject to the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., the National Wildlife Refuge System Administration Act (NWRSAA),' 16 U.S.C. § 668dd, and the Administrative Procedures Act (APA), 5 U.S.C. § 701 et seq.

Initially ALVA sought to compel defendants to prepare, and file with the Environmental Protection Agency, an Environmental Impact Statement (“EIS”) regarding their fox control plan. ALVA was eventually successful and pursuant to an…