Californians for Alternatives to Toxics et al v USFWS et al
Filing 65
ORDER signed by Judge Frank C. Damrell, Jr. on 09/06/11 ORDERING that plf's 45 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows: plfs have not demonstrated a violation of NEPA and therefore, their motion on that cla im is DENIED; dfts, and each of them, and their respective agents, partners, employees, contractors, assignees, successors, representatives, permittees and all persons acting under authority from, in concert with, or for them in any capacity, includi ng in a volunteer capacity, are ENJOINED from allowing to be conducted or conducting any component of the Paiute Cutthroat Trout Restoration Project, including specifically any application of rotenone formulations and potassium permanganate to Silver King Creek and its tributaries in the Carson-Iceberg Wilderness in Alpine County, CA; dfts' Cross-Motion is accordingly DENIED with respect to plfs' Wilderness Act claim. However, dfts' Motion is GRANTED with respect to plfs' NEPA, ESA and Clean Water Act claims. (Benson, A.)
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