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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. EVANS

No. C-02-3805-EDL.

279 F.Supp.2d 1129 (2003)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs, v. Donald EVANS, et al., Defendants.

United States District Court, N.D. California.

August 26, 2003.

Attorney(s) appearing for the Case

Andrew B. Sabey, Morrison & Foerster, LLP, Walnut Creek, CA, Andrew E. Wetzler, Natural Resources Defense Council, Santa Monica, CA, Joel R. Reynolds, Natural Resources Defense Council, Inc., Los Angeles, CA, Robin S. Stafford, Morrison & Foerster, LLP, San Francisco, CA, for Plaintiffs.

Ann D. Navaro, Environment & Natural Resources Div., General Litigation Section, Washington, DC, Kristen L. Gustafson, United States Department of Justice, Washington, DC, for Defendants.

David E. Haddock, Robin L. Rivett, Pacific Legal Foundation, Sacramento, CA, for Amicus.

OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

LAPORTE, United States Magistrate Judge.

In this environmental litigation, the parties' cross-motions for summary judgment are currently before the Court. For the reasons set forth below, each parties' motion for summary judgment is granted in part and denied in part.

I. INTRODUCTION

Plaintiffs, various environmental organizations and a concerned individual, seek a permanent injunction...

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