California Native Plant Society et al v. Norton et al

District of Columbia, dcd-1:2003-cv-01540

ORDER granting in part and denying in part plaintiffs' motion for summary judgment {{22}} and denying defendant's motion for summary judgment {{23}}. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically. See LCvR 5.4(b)(1). Signed by Judge James Robertson on March 24, 2005.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CALIFORNIA NATIVE PLANT SOCIETY,: et al.,:: Plaintiffs,:: v.: Civil Action No. 03-1540 (JR): GALE A. NORTON, Secretary of the: Interior, et al.,:: Defendants.: 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. JAMES ROBERTSON United States District Judge