International Center For Technology Assessment et al v. Veneman et al

District of Columbia, dcd-1:2003-cv-00020

JUDGMENT

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INTERNATIONAL CENTER FOR TECHNOLOGY ASSESSMENT, et al., Plaintiffs, v. Civil Action 03-00020 (HHK) MIKE JOHANNS, Secretary, United States Department of Agriculture, et al., Defendants, and THE SCOTTS COMPANY, Defendant-Intervenor. ORDER Pursuant to Fed. R. Civ. P. 58 and for the reasons stated by the court in its memorandum docketed this same day, it is this 5th day February, 2007, hereby ORDERED and ADJUDGED that judgment is entered in favor of plaintiffs and against defendants as to Counts I and III; and it is further ORDERED and ADJUDGED that judgment is entered in favor of defendants and against plaintiffs as to Count II; and it is further ORDERED that the claims of Heather Burns, Faith Campbell, and Claire Watkins are DISMISSED; and it is further ORDERED that defendants' denial of plaintiffs' noxious weed petition is VACATED and REMANDED; and it is further ORDERED that defendants are permanently ENJOINED from processing any acknowledgment or permit pursuant to § 340.3 and § 340.4 of Title 7 of the Code of Federal Regulations, without inquiring, in a manner consistent with the memorandum opinion issued this same day, whether the exception articulated in § 372.5(d) of that same title applies to the acknowledgment or permit to an extent that categorical exclusion is not warranted, and that an environmental assessment should be prepared. The court retains jurisdiction of this action to ensure compliance with this order. Henry H. Kennedy, Jr. United States District Judge 2