Center for Biological Diversity et al v. Salazar et al

Filing 107

ORDER AND JUDGMENT, Judgment is entered in favor of Plaintiffs and Plaintiff-Intervenors consistent with the Court's ruling on the parties' motions for summary judgment 88 ; the 60-day period for the parties to discuss fees and costs (Doc. 98) shall commence upon the filing of this Order and Judgment; the Court denies the requests of Plaintiff and Plaintiff-Intervenors to require Defendants to produce an administrative record in advance of the filing of a new lawsuit; for purposes of judicial economy, any new lawsuit filed in this Court concerning treatment of the desert bald eagle under the Endangered Species Act shall be assigned to the undersigned judge. Signed by Judge David G Campbell on 5/14/12. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Center for Biological Diversity and
Maricopa Audubon Society,

ORDER AND JUDGMENT

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Plaintiffs,

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No. CV10-2130-PHX-DGC

and

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San Carlos Apache Tribe, a federally
recognized Indian tribe, and Salt River
Pima-Maricopa Indian Community, a
federally recognized Indian tribe,

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Plaintiff-Intervenors,

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vs.

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Kenneth Salazar, in his official capacity as
Secretary of the United States Department
of the Interior, and Daniel Ashe, in his
official capacity as Director of the United
States Fish and Wildlife Service,

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Defendants.

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The Court previously granted motions for summary judgment filed by Plaintiffs

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and Plaintiff-Intervenors (Doc. 57, 61, 63) to the extent they asserted that FWS’s desert

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eagle 12-month finding was procedurally flawed. Doc. 88. The Court remanded the

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finding to FWS for reconsideration. That reconsideration is now complete (Doc. 99), and

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the Court therefore enters the following Order and Judgment:

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Judgment is entered in favor of Plaintiffs and Plaintiff-Intervenors

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consistent with the Court’s ruling on the parties’ motions for summary judgment

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(Doc. 88).

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2.

The 60-day period for the parties to discuss fees and costs (Doc. 98) shall

commence upon the filing of this Order and Judgment.
3.

The Court denies the requests of Plaintiff and Plaintiff-Intervenors to

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require Defendants to produce an administrative record in advance of the filing of a new

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lawsuit.

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4.

For purposes of judicial economy, any new lawsuit filed in this Court

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concerning treatment of the desert bald eagle under the Endangered Species Act shall be

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assigned to the undersigned judge.

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Dated this 14th day of May, 2012.

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