SOUTHWEST CENTER FOR BIOLOICAL DIVERSITY, California Native Plant Society, Wetlands Action Network, Save Our Forests and Ranchlands, Carmel Mountain Conservancy, Preserve Wild Santee, Iron Mountain Conservancy, Ramonans for Sensible Growth, San .Diego Audubon Society, Sierra Club, Horned Lizard Conservation Society, San Diego Herpetological Society, Earth Media, Inc., and Preserve South Bay, Plaintiffs,
v.
Jim BARTEL, Anne Badgley, and Gale Norton, Defendants, and
Building Industry Legal Defense Foundation, National Association of Home Builders, California Building Industry Association, Building Industry Association of San Diego, and Pardee Construction Company, Intervening Defendants.
Building Industry Legal Defense Foundation, National Association of Home Builders, California Building Industry Association, and Building Industry Association of San Diego, Cross-Complainants,
v.
United States Fish and Wildlife Service, Gale Norton, City of San Diego, and Anne Badgley, Cross-Defendants, and
Southwest Center for Biological Diversity, Sierra Club, California Native Plant Society, San Diego Audubon Society, and Preserve The South Bay, Intervening Defendants.
United States District Court, S.D. California.https://leagle.com/images/logo.png
December 15, 2006.
December 15, 2006.
Attorney(s) appearing for the Case
Daniel J. Rohlf, Portland, OR, for Plaintiffs.
Marco Antonio Gonzalez, Coast Law Group, Encinitas, CA, Neil Levine, Earthjustice, Washington, DC, for Plaintiffs/Intervenor Defendants.
U S Attorney CV, Thomas C. Stahl, U S Attorneys Office Southern District Of California Civil Division, San Diego, CA, Jane P. Davenport, Keith W. Rizzardi, Wildlife and Marine Resources Section, Environment and National Resources Divis U S Department of Justice, Martin McDermott, US Department of Justice, Environmental Defense Section, Washington, DC, Stephen M. Macfarlane, United States Department of Justice, Environmental Natural Resource Divison, Sacremento, CA, for Defendants/Cross Defendants.
Stephen J. Odell, Law Offices of Stephen J. Odell, Portland, OR, William E. Halle, Hewitt and O'Neil Llp, Irvine, CA, for Intervenor Defendant.
John Peter Mullen, Richard A. Duvernay, Office of the City Attorney Civil Division, San Diego, CA, for Cross Defendant.
United States District Court, S.D. California.
AMENDED DECISION AND INJUNCTION
BREWSTER, Senior District Judge.
In this Endangered Species Act ("ESA," 16 U.S.C. §§ 1531-1544) case, fourteen national, state, and local conservation and environmental groups1 (hereinafter "Plaintiffs") challenge the decision of the United States Fish and Wildlife Service2 (hereinafter "FWS" or "Federal Defendants") to issue an incidental take permit ("ITP...
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