Center for Biological Diversity v. Bureau of Land Management

ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT

On February 28, 2014, the Court held a hearing on the parties’ cross-motions for summary judgment. For the reasons set forth below, the parties’ cross-motions for summary judgment are GRANTED IN PART and DENIED IN PART.

BACKGROUND

This dispute marks the continuation of plaintiffs’ challenge to the administration by the Bureau of Land Management (“BLM”) of the Imperial Sand Dunes Recreation Area (“ISDRA” or “Dunes”), and the biological opinions related to the Dunes prepared by the U.S. Fish and Wildlife Service (“FWS”) in accordance with the Endangered Species Act (“ESA”). The lengthy factual and procedural history of FWS and BLM’s management actions *1141 related to the Dunes and plaintiffs’ prior claims is set forth in this Court’s March 14, 2006 Order granting in part and denying in part each side’s motion for summary judgment. See Ctr. for Biological Diversity (“CBD”) v. BLM, 422 F.Supp.2d 1115 (N.D.Cal.2006).

In that decision, the Court held that FWS’s 2005 biological opinion (“BiOp”) for the 2003 ISDRA Recreation Area Management Plan (the “2003 RAMP”) violated the Endangered Species Act in various respects with regard to two…