No. CV 01-409 TUCDCB.

240 F.Supp.2d 1090 (2003)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, v. Gale NORTON, Secretary of the Department of the Interior, Defendant.

United States District Court, D. Arizona.

January 13, 2003.

Attorney(s) appearing for the Case

Matthew Gilbert Kenna, Kenna & Hickcox, PC, Durango, CO, Neil Levine, Denver, CO, for plaintiffs. Seth M. Barsky, Jason T. Cohen, U.S. Dept. of Justice, Wildlife & Marine Resources Section, Washington, DC, for defendant.


BURY, District Judge.

Pending before this Court is Plaintiffs' Motion for Summary Judgment, as well as Defendant's Cross-Motion for Summary Judgment. For the reasons set forth below, Plaintiffs' Motion for Summary Judgment is granted and Defendant's Cross-Motion is denied.


I. General Overview

This lawsuit arises out of the Fish and Wildlife Service's ("FWS") designation of critical habitat for the Mexican spotted...

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