S.W. CENTER FOR BIOL. DIVER. v. U.S. BUR. OF RECL.

No. CIV. 97-0786 PHX EHC.

6 F.Supp.2d 1119 (1997)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation, Plaintiff, v. UNITED STATES BUREAU OF RECLAMATION and Bruce Babbitt, Secretary of the Interior, Defendants.

United States District Court, D. Arizona.

August 25, 1997.


Attorney(s) appearing for the Case

Eric Robert Glitzenstein, Meyer & Glitzenstein, Washington, DC, Matthew Gilbert Kenna, Kenna & Associates, PC, Durango, CO, Travis Earl Stills, Durango, CO, for Southwest Center for Biological Diversity.

Michael A. Johns, U.S. Attorney's Office, Phoenix, AZ, Lois J. Schiffer, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Samuel D. Rauch, III, U.S. Dept. of Justice, Environment & Natural Resources, Div., Washington, DC, for U.S. Bureau of Reclamation, Department of the Interior.

Michael Noone McCarty, Brickfield Burchette & Ritts, PC, Washington, DC, James P. Bartlett, Phoenix, AZ, for Arizona Power Authority.

Michael J. Pearce, Arizona Dept. of Water Resources, Legal Div., Phoenix, AZ, for State of Arizona, Rita P. Pearson.

Howard Benjamin Golds, Best Best & Krieger, LLP, Riverside, CA, for Metropolitan Water Dist. of Southern California.

Carol D. Angel, Office of the Atty. Gen., State of Colo., Denver, CO, for State of Colo.

C. Brian James, New Mexico Atty. Gen., Santa Fe, NM, for State of New Mexico.

Michael Mahlon Quealy, Utah Atty. General's Office, Salt Lake City, UT, for State of Utah.

Thomas John Davidson, Wyoming Atty. General's Office, Cheyenne, WY, for State of Wyo.

Gerald Arthur Lopez, Office of the Nevada Atty. Gen., Las Vegas, NV, James H. Davenport, Office of Atty. Gen., State of Nev., Las Vegas, NV, for State of Nevada.

Samuel D. Rauch, III, U.S. Dept. of Justice, Environment & Nat. Resources, Div., Washington, DC, James P. Bartlett, Phoenix, AZ, for Bruce Babbitt.

John Andrew Fritschie, Defenders of Wildlife, Washington, DC, for Defenders of Wildlife.

David E. Lindgren, Downey Brand Seymour & Rohwer, Sacramento, CA, for Southern Nevada Water Authority.

John B. Weldon, Salmon Lewis & Weldon, PLC, Phoenix, AZ, for Salt River Valley Water Users Ass'n, Salt River Project Agricultural Improvement and Power Dist.

Norman D. James, Ryley Carlock & Applewhite PA, Phoenix, AZ, for Central Arizona Water Conservation Dist.

John Pendleton Carter, III, Horton Knox Carter & Foote, El Centro, CA, for Imperial Irrigation District.

Linus Serafeim Masouredis, California Atty. General's Office, Oakland, CA, for State of Cal.


ORDER

CARROLL, District Judge.

Pending are the parties' cross-motions for summary judgment. Plaintiff contends that the Secretary of the Interior, Bruce Babbitt, through his designee, the Fish and Wildlife Service ("Service"), has failed to comply with the requirements of the Endangered Species Act, 16 U.S.C. § 1531, et seq., with respect to the Southwestern Willow Flycatcher. The Secretary contends that he is entitled to summary judgment on...

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