South Yuba River Citizens League & Friends of the River v. National Marine Fisheries Service

ORDER

Plaintiffs in this case have challenged a Biological Opinion issued by the National Marine Fisheries Service (“NMFS”) related to two dams on the South Yuba River operated by the Army Corps of Engineers (“the Corps”). Pending before the court are three motions filed by plaintiffs: a motion for partial reconsideration of this court’s Final Remedy Order, a motion for partial reconsideration of this court’s dismissal of Claim 4B as prudentially moot, and a motion for partial summary judgment on Claim 4B. Plaintiffs request that the court consider the latter two motions only if the first motion is denied. The court resolves the instant motions on the papers and after oral argument. For the reasons stated herein plaintiffs’ motions are DENIED.

I. Factual and Procedural Background

Plaintiffs filed the operative Sixth Amended Complaint on June 17, 2008. ECF No. 150. Although the complaint alleged eleven claims for relief, only Claims 3 and 4 were adjudicated on the merits. With respect to Claim 3, plaintiffs successfully challenged the conclusions reached in a Biological Opinion issued by National Marine Fishery Service. In July 2010, this court held that government had acted…