BORDER POWER PLANT WORKING GROUP v. DEPARTMENT OF ENERGY

No. 02-CV-513-IEG.

260 F.Supp.2d 997 (2003)

BORDER POWER PLANT WORKING GROUP, Plaintiff, v. DEPARTMENT OF ENERGY; Spencer Abraham, in his official capacity; Carl Michael Smith, in his official capacity; Anthony J. Como, in his official capacity; Bureau of Land Management, Defendants.

United States District Court, S.D. California.

May 2, 2003.


Attorney(s) appearing for the Case

Julia A. Olson, Wild Earth Advocates, Eugene, OR, Eric J. Murdock, Hunton and Williams, Washington, DC, for Plaintiff.

Andrew A. Smith, U.S. Department of Justice, Environment and Natural Resources, Albuquerque, NM, U.S. Attorney CV, U.S. Attorneys Office Southern District of California, Civil Division, San Diego, CA, Brian C. Toth, United States Department of Justice Environment and Natural Resources Div, Washington, DC, for Defendants.

Amy G. Nefouse, Latham and Watkins, San Diego, CA, Janice M. Schneider, Latham and Watkins, Washington, DC, for Intervenor-Defendant.

Andrea A. Matarazzo, Remy Thomas and Moose, Sacramento, CA, for Amicus.

Amy G. Nefouse, Latham and Watkins, San Diego, CA, Janice M. Schneider, Latham and Watkins, Washington, DC, for Movant.

Carey L. Cooper, Klinedinst Fliehman and McKillop, San Diego, CA, for Intervener.


ORDER (1) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; (2) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; (3) DENYING DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S DECLARATIONS; (4) DENYING DEFENDANTS' ORAL MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD; (5) GRANTING PLAINTIFF'S MOTION TO STRIKE SUPPLEMENTAL DECLARATION AND REQUEST FOR JUDICIAL NOTICE; and (6) SETTING BRIEFING SCHEDULE FOR THE REMEDY PHASE OF...

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