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Swanson Group Mfg. LLC v. Salazar

United States District Court, District Circuit

June 26, 2013

SWANSON GROUP MFG. LLC, et at., Plaintiffs,
v.
KEN SALAZAR, et at., Defendants.

ORDER [## 41, 44, 45]

RICHARD J. LEON, District Judge.

For the reasons set forth in the accompanying Memorandum Opinion, it is hereby

ORDERED that plaintiffs' Motion for Summary Judgment [Dkt. #41] is GRANTED IN PART AND DENIED IN PART; it is further

ORDERED that defendant's Cross-Motion for Summary Judgment [Dkt. #45] is GRANTED IN PART AND DENIED IN PART; it is further

ORDERED that defendant-intervenors' Cross-Motion for Summary Judgment [Dkt. #44] is DENIED; it is further

ORDERED that judgment is entered in favor of plaintiffs on Counts One and Two of the Amended Complaint; it is further

ORDERED that defendant Ken Salazar and/or his successors shall sell or offer for sale the declared annual sustained yield capacity of timber for the Medford and Roseburg districts for each year; it is further

ORDERED that the Owl Estimation Methodology is set aside and shall not be used by defendants Ken Salazar, Tom Vilsack, and/or their successors unless and until the methodology is submitted to the rulemaking procedures of 5 U.S.C. ยง 553; it is further

ORDERED that Count Three of the Amended Complaint is DISMISSED as moot; and it is further

ORDERED that Counts Four and Five of the Amended Complaint are DISMISSED as conceded.

SO ORDERED.


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