CENTER FOR BIOLOGICAL DIVERSITY v. NORTON

No. CV 01-409 TUC DCB.

304 F.Supp.2d 1174 (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.

October 10, 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, US Dept of Justice, Wildlife & Marine Resources Section, Washington, DC, for defendant.


ORDER

BURY, District Judge.

Pending before this Court is Defendant's Motion, filed pursuant to Rule 60(b), Fed.R.Civ.P., to Modify this Court's Order of February 18, 2003. Defendant argues that it should not be required to comply with this Court's Order, and therefore the Endangered Species Act ("ESA"), until such time as Congress appropriates sufficient funds for it to do so. For the reasons set forth below, Defendant's Motion is denied. Alternatively,...

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