MARBLED MURRELET v. BABBITT

No. C91-522BR.

918 F.Supp. 318 (1996)

MARBLED MURRELET (BRACHY-RAMPHUS MARMORATUS), et al., Plaintiffs, v. Bruce BABBITT, in his official capacity as Secretary of the Interior, et al., Defendants.

United States District Court, W.D. Washington.

February 29, 1996.


Attorney(s) appearing for the Case

Kristen L. Boyles, Todd D. True, Sierra Club Legal Defense Fund, Seattle, WA, for Marbled Murrelet, Oregon Natural Resources Council, Pilchuck Audobon Society, Portland Audubon Society, North Cascades Audubon Society, Cape Arago Audubon Society, Redwood Region Audubon Society.

Brian C. Kipnis, U.S. Attorney's Office, Seattle, WA, Richard B. Stewart, U.S. Department of Justice, Environment and Natural Resources Div., Washington, DC, Diane M. Connolly, Christiana P. Perry, U.S. Department of Justice, Land and Natural Resources Division, Washington, DC, for Manuel Lujan, John F. Turner, Marvin Plenart, United States Fish & Wildlife Service.

William F. Lenihan, Schwabe Williamson Ferguson & Burdell, Seattle, WA, for Manke Lumber Company, Inc.

Peter McNaughton Vial, McNaul, Ebel, Nawrot, Helgren & Vance, Seattle, WA, for Hoh River Timber Co.

Mark C. Rutzick, Law Offices of Mark C. Rutzick, Portland, OR, for Mayr Brothers Logging Co., Inc., Washington Contract Loggers Association, Spalding & Sons, Inc., Gregory A. Miller, A. Troy Reinhart, NW Forest Resource Council.

William F. Lenihan, Schwabe Williamson Ferguson & Burdell, Seattle, WA, David Dun, Dun & Martinek, Eureka, CA, for Sierra Pacific Industries.

Robert Farnum Bakemeier, Bogle & Gates P.L.L.C., Seattle, WA, for California Forestry Association, Eel River Sawmills, Miller Timber Co., Pacific Lumber Co.


ORDER DENYING FEDERAL DEFENDANTS' MOTION TO VACATE 7/6/95 ORDER REQUIRING FINAL HABITAT DESIGNATION BY 1/26/96

ROTHSTEIN, District Judge.

THIS MATTER comes before the court on a motion by federal defendants to vacate a prior court order. Having reviewed the motion together with all documents filed in support and in opposition,1 and being fully advised, the court finds and rules as follows:

I. BACKGROUND

According...

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