National Wildlife Federation et al v. Brownlee

District of Columbia, dcd-1:2003-cv-01392

ORDER granting in part and denying in part plaintiffs' motion for summary judgment {{45}}, granting in part and denying in part defendants' motion for summary judgment {{49}}, and granting in part and denying in part defendants' motion for summary judgment {{50}}. The Clerk is directed to set a hearing. Signed by Judge James Robertson on March 31, 2005.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL WILDLIFE FEDERATION, et: al.,:: Plaintiffs,:: v.: Civil Action No. 03-1392 (JR): LES BROWNLEE, Acting Secretary,: U.S. Department of the Army,:: Defendant.: ORDER For the reasons given in the accompanying memorandum, it is hereby ORDERED that plaintiffs' motion for summary judgment [45] is granted as to plaintiffs' ESA Section 7(a)(2) claim, denied as to plaintiffs' ESA Section 7(a)(1) claim, and denied without prejudice as to plaintiffs' other claims. And it is FURTHER ORDERED that defendants' motions for summary judgment [49, 50] are granted as to plaintiffs' ESA Section 7(a)(1) claim, denied as to plaintiffs' ESA Section 7(a)(2) claim, and denied without prejudice as to plaintiffs' other claims. And it is FURTHER ORDERED that the Clerk set a hearing for the purpose of considering what injunctive relief is appropriate, if any. JAMES ROBERTSON United States District Judge - 2 -