Sierra Club et al v. Mainella et al

District of Columbia, dcd-1:2004-cv-02012

ORDER on plaintiffs' and defendants' cross-motions for summary judgment. See text of order for details. Signed by Judge John D. Bates on 10/25/2006.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SIERRA CLUB, et al., Plaintiffs, v. Civil Action No. 04-2012 (JDB) FRAN MAINELLA, Director of the National Park Service, et al., Defendants. ORDER Upon consideration of [29] plaintiffs' motion for summary judgment, [31] defendants' cross-motion for summary judgment, and the entire record in this case, and for the reasons stated in the accompanying Memorandum Opinion issued on this date, it is hereby ORDERED that [29] plaintiffs' motion for summary judgment is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that [31] defendants' motion for summary judgment is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that the decisions by the National Park Service granting the applications to drill the Comstock Collins No. 3 well (AR-C 0002-0017), the Comstock Black Stone D1 well (AR-B 0002-0008), and the Union Gas BP Rafferty A-45 #1, 2, and 3 wells (AR-U 0006-0014) are remanded for further proceedings consistent with the accompanying Memorandum Opinion; it is further ORDERED that plaintiff's remaining claims relating to the NPS Final Guidance on Implementing the Directional Drilling Provision of the Service's Nonfederal Oil and Gas Regulations at 36 CFR 9B, issued on November 14, 2003, as applied in the foregoing NPS decisions are DISMISSED; and it is further ORDERED that this case is hereby terminated from the docket of this Court. /s/ JOHN D. BATES United States District Judge Date: October 25, 2006