California River Watch v. County of Sonoma

ORDER DISMISSING FIRST AMENDED COMPLAINT

INTRODUCTION

In this action brought under Section 9 of the Endangered Species Act, defendant *1206 moves to dismiss and/or strike allegations in the first amended complaint. For the reasons stated herein, the first amended complaint is Dismissed Without Prejudice. The County has voluntarily agreed to provided limited relief.

STATEMENT

This action involves alleged violations of Section 9 of the Endangered Species Act (“ESA”), 16 U.S.C. 1531, et seq., with respect to an alleged unauthorized “take” of the Sonoma County distinct population segment of the California tiger salamander (“Sonoma California tiger salamander”).

In July 2002, the Fish and Wildlife Service listed the Sonoma California tiger salamander as endangered on a temporary emergency basis. See 68 Fed.Reg. 13498. In March 2003, the Fish and Wildlife Service upgraded the Sonoma California tiger salamander’s listing to full endangered status. In August 2005, the Sonoma California tiger salamander was reinstated as a distinct population and re-designated as endangered. Center for Biological Diversity v. United States Fish & Wildlife Serv., No. 3:04-cv-04324-WHA, 2005 WL 2000928…