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California Native Plant Society v. Norton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


March 24, 2005

CALIFORNIA NATIVE PLANT SOCIETY, ET AL., PLAINTIFFS,
v.
GALE A. NORTON, SECRETARY OF THE INTERIOR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: James Robertson United States District Judge

ORDER

For the reasons stated in the accompanying memorandum, plaintiffs' motion for summary judgment [22] is GRANTED in part, and it is DECLARED, ADJUDGED, AND DECREED that the 2002 and 2004 CNORs unlawfully use work on critical habitat designations to justify their preclusion findings and unlawfully fail to explain why listing the Spineflower is warranted but precluded. In all other respects, plaintiffs' motion for summary judgment is DENIED. Plaintiffs' failure to monitor claim is DISMISSED for failure to state a claim upon which relief can be granted. Plaintiffs' claim challenging defendant's reliance on the Petition Management Guidance is DISMISSED as moot. Defendant's motion for summary judgment [23] is DENIED.

It is SO ORDERED.

20050324

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