Cheney
Animal Lovers Volunteer Ass'n, Inc. v. Cheney
Opinion
Opinion
Kelleher, J.
MEMORANDUM OF DECISION ORDER AND JUDGMENT
Defendants’ motion for partial summary judgment against plaintiffs’ first and second causes of action came before the Court for hearing on February 3, 1992. The Court granted the motion.
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 both the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. and the National Wildlife Refuge Administration Act (NWRAA).
Initially ALVA sought to compel defendants to prepare an Environmental Impact Statement (“EIS”) regarding their fox control plan. ALVA was eventually successful and this Court ordered defendants to prepare an EIS.
On May 18, 1990 the Service filed the draft EIS with the Environmental Protection Agency (the…