United States District Court for the District of Columbia
June 10, 2004.
SPIRIT OF THE SAGE COUNCIL, et al., Plaintiffs,
GALE NORTON, SECRETARY, U.S. DEPT. OF THE INTERIOR, et al., Defendants.
The opinion of the court was delivered by: EMMET SULLIVAN, District Judge
Upon consideration of plaintiffs' Motion to Clarify and/or
Amend the Court's Order of December 11, 2003, the Response, and
Reply thereto, the Court's December 11, 2003 Order, the
defendants' Notice regarding the Withdrawal of the Rule, the
plaintiffs' Response to the Withdrawal of the Rule, and the
entire record in this case, it is by the Court hereby
ORDERED that plaintiffs' Motion is GRANTED; and it is
ORDERED that defendants will complete all proceedings
remanded by the Court's Order of December 11, 2003, by no later
than December 10, 2004; and it is further
ORDERED that, until and unless the United States Fish and
Wildlife Service adopts new revocation rules specifically
applicable to Incidental Take Permits ("ITPs") following full
compliance with the advance public notice and comment requirements of the Administrative Procedures Act,
5 U.S.C. § 553, all ITPs issued by the FWS shall be subject to the general
revocation standard applicable to other FWS permits, see
50 C.F.R. § 13.28(a)(5); and it is further
ORDERED that, pending completion of the proceeding on remand,
defendants shall refrain from approving new ITPs or related
documents containing "No Surprise" assurances, as defined by
defendants' No Surprise rule published at 63 Fed. Reg. 8859 (Feb.
23, 1998). Nothing in this Order prevents defendants from
approving ITPs that do not contain such assurances.
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