THE PUBLIC INTEREST
The protection of the Condor population is, of course, a matter of public interest. See Tennessee Valley Auth. v. Hill, 437 U.S. 153, 194, 57 L. Ed. 2d 117, 98 S. Ct. 2279 (1978). The furtherance of that public interest, in turn, has been delegated by Congress to the Department of the Interior and specifically to FWS.
FWS has represented earnestly to the Court that the public interest now favors immediate capture of the birds. Certainly an agency is permitted to change its mind as to what course of action best serves the public interest. Greater Boston T.V. Corp. v. FCC, 143 U.S. App. D.C. 383, 444 F.2d 841, 852 (D.C. Cir. 1970), cert. denied, 403 U.S. 923, 29 L. Ed. 2d 701, 91 S. Ct. 2233 (1971). Yet a change of course must follow a reasoned analysis; otherwise the agency ceases to perform its congressionally mandated role. Motor Vehicle Mfrs. Ass'n, 463 U.S. at 57. To the extent that plaintiff has made a showing that FWS has acted arbitrarily or capriciously in carrying out its delegated duty, the public interest favors the issuance of an injunction.
Based on the foregoing, the Court determines that the plaintiff has met the standards for awarding equitable relief and that its application for a preliminary injunction should be granted. An appropriate Order accompanies this Memorandum Opinion. The Court will also grant the plaintiff's motion for summary judgment supported by a Memorandum Opinion.
Having received and considered the plaintiff's motion for a preliminary injunction, the parties' memoranda of points and authorities, the stipulated and agreed statement of material facts, the administrative record, the relevant affidavits and the post-trial memoranda of counsel, and the Court having found that the plaintiff has met the criteria for the issuance of a preliminary injunction, it is this 3rd day of February, 1986,
That the plaintiff's motion for a preliminary injunction is granted and the defendants, its agents. employees and all persons acting under the authority of the Department of interior are hereby enjoined, pending this suit, from removal of any of the remaining California Condors from the wild wild pursuant to the United States Fish and Wildlife Service Permit PRT 682928, as amended by Amendment #4, or pursuant to any other permit.
This order is issued without a requirement that a bond be filed by the plaintiff.