City of Santa Clarita v. United States Department of the Interior

ORDER

The memorandum filed March 29, 2007, is withdrawn and replaced by the memorandum filed currently herewith. The petitions for rehearing and for rehearing en banc are denied. See Fed. R. App. P. 35; Fed. R. App. P. 40. No further petitions for rehearing or for rehearing en banc shall be entertained.

MEMORANDUM **

1. We review plaintiffs’ claims under the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) under the “arbitrary or capricious” standard of review. See 5 U.S.C. § 706 (2)(A); Ariz. Cattle Growers’ Ass’n v. U.S. Fish & Wildlife Serv., 273 F.3d 1229, 1235-36 (9th Cir.2001); Half Moon Bay Fishermans’ Marketing Ass’n v. Carlucci, *505 857 F.2d 505, 508 (9th Cir.1988). After careful consideration of the record, we agree with the district court that the agency actions in these cases were neither arbitrary nor capricious. See Joint Findings of Fact and Conclusions of Law, City of Santa Clarita v. U.S. Dep’t of Interior, Case No. CV02-00697, 2006 WL 4743970 (C.D.Cal.2006) (ESA Case); City of Santa Clarita v. U.S. Dep’t of Interior, Case No. CV04-1572, 2006 WL 4748737 (C.D.Cal. 2006) (NEPA Case).

2. Plaintiffs did not present their claim under…