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CENTER FOR BIOLOGICAL DIVERSITY v. NORTON

No. C 01-2950 SC.

208 F.Supp.2d 1044 (2002)

CENTER FOR BIOLOGICAL DIVERSITY, The Center for Sierra Nevada Conservation, Natural Resources Defense Council, and Sierra Nevada Forest Protection Campaign, Plaintiffs, v. Gale A. NORTON, in her official capacity as Secretary of the Interior; and Marshall P. Jones, in his official capacity as Acting Director, United States Fish and Wildlife Service, Defendants.

United States District Court, N.D. California.

March 5, 2002.

Attorney(s) appearing for the Case

Geoff Hickcox, Kenna and Hickcox, Durango, CO, Brendan R. Cummings, Center For Biological Diversity, Idyllwild, CA, for Center for Biological Diversity, California Native Plants Society, plaintiffs.

David P. Hubbard, Procopio Cory Hargreaves and Savitch, San Diego, CA, for American Sand Association, California Off-Road Vehicle Association, American Motorcycle Association, Inc., District 37, San Diego Off-Road Coalition, Off-Road Business Association, intervenors.

Mary Whittle, US Department of Justice, Washington, DC, U.S. Attorney CV, U.S. Attorneys Office Southern District of California, San Diego, CA, for Gale Norton, United States Fish and Wildlife Service, defendants.

William E. Halle, Hewitt and McGuire, Irvine, CA, for Building Industry Legal Defense Foundation, plaintiff.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

CONTI, District Judge.

I. INTRODUCTION

On July 31, 2001, Plaintiffs Center for Biological Diversity, the Center for Sierra Nevada Conservation, the Natural Resources Defense Council and the Sierra Nevada Forest Protection Campaign, ("Plaintiffs") filed a Complaint for Declaratory and Injunctive Relief to compel Defendants Secretary of the Interior...

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