Protect Our Communities Foundation v. Black

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT . AND GRANTING FEDERAL AND INTERVENOR DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

(ECF No. 59, 61, 64)

Presently before the Court are Plaintiffs’ Motion for Summary Judgment, (“Pis.’ MSJ”) (ECF No. 59), Intervenor Defendants Tule Wind, LLC and Ewiiaa-paayp Band of Kumeyaay Indians’ (“Non-Federal Defendants”) Joint Cross-Motion for Summary Judgment, (“Non-Fed, Defs.’ MSJ”) (ECF No. 61), and Federal Defendants’ Motion for Summary Judgment and Cross-Motion for Summary Judgment; 1 (“Fed Defs.’ MSJ”) (ECF No. 64). Also before the Court are various responses and replies—Plaintiffs’ Combined Opposition to Defendants’ Cross-Motions for Summary Judgment and Reply in Support of Plaintiffs’ Motion for Summary Judgment, (“Pis.’ Opp’n & Supp.”) (ECF Nos. 66, 67 (same document)); Federal Defendants’ Reply in Support of Cross-Motion for Summary Judgment (“Fed. Defs,’ Reply”) (ECF No.’ 74); and Intervenor Defendants Tule Wind, LLC’s and Ewiiaa-paayp Band of Kumeyaay Indians’ Joint Reply in Opposition to Plaintiffs’ Motion for Summary Judgment, (“Non-Fed. Defs.’ Reply”) (ECF No. 75)—as well as Plaintiffs’ Notice of Supplemental Authority Bearing…