CENTER FOR BIOL. DIVERSITY v. U.S. DEPT. OF ENERGY

No. C 05-01526 WHA.

419 F.Supp.2d 1166 (2006)

CENTER FOR BIOLOGICAL DIVERSITY, and Friends of the Earth, Plaintiffs, v. U.S. DEPARTMENT OF ENERGY, U.S. Department of Agriculture, U.S. Department of Commerce, U.S. Department of Defense, U.S. Department of Health and Human Services, U.S. Department of Housing and Urban Development, U.S. Department of the Interior, U.S. Department of Labor, U.S. Department of Transportation, U.S. Department of Veterans Affairs, Central Intelligence Agency, Department of Homeland Security, Executive Office of the President, Federal Communications Commission, and General Services Administration, Defendants.

United States District Court, N.D. California.

March 6, 2006.


Attorney(s) appearing for the Case

James Jay Tutchton, Environmental Law Clinical Partnership, University of Denver, College of Law, Denver, CO, Brendan R. Cummings, Center for Biological Diversity, Joshua Tree, CA, for Plaintiffs.

Daniel Bensing, U.S. Dept. of Justice, Beverly Li, U.S. Department of Justice, Environment & Natural Resources Division—NRS, Marsha S. Edney, Department of Justice, Paul David Barker, Jr., United States Department of Justice, Environmental and Natural Resources Division, Washington, DC, for Defendants.


ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

ALSUP, District Judge.

INTRODUCTION

In a sequel to an earlier action and order requiring overdue agency action, two environmental organizations again seek enforcement of the Energy Policy Act of 1992. The core question concerns the extent to which the Secretary of Energy is obligated to require large private and municipal fleets of motor vehicles to use alternative-fuel vehicles (AFVs). At issue...

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