Center For Biological Diversity et al v. Bureau of Land Management et al

Filing 246

JUDGMENT (Illston, Susan) (Filed on 4/15/2014)

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IN THE UNITED STATES DISTRICT COURT

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United States District Court
For the Northern District of California

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CENTER FOR BIOLOGICAL DIVERSITY, et
al.,

JUDGMENT
Plaintiffs,

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No. C 03-2509 SI

v.
BUREAU OF LAND MANAGEMENT, et al.,
Defendants.

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On April 3, 2014, the Court issued an order resolving the parties’ cross-motions for summary
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judgment. The Court granted summary judgment in favor of defendants on plaintiffs’ claims that (1)
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the 2012 Biological Opinion is deficient because it does not include an Incidental Take Statement for
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the Peirson’s milk-vetch (“PMV”); (2) the 2013 Environmental Impact Statement violates the National
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Environmental Policy Act (“NEPA”) by failing to take a hard look at impacts on wilderness areas; and
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(3) BLM violated NEPA, the Federal Land Policy and Management Act of 1976, and the Clean Air Act
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by failing to properly evaluate the alleged impacts of the 2013 ISDRA Recreation Area Management
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Plan on air quality.
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The Court granted summary judgment in favor of plaintiffs on plaintiffs’ claims that defendant
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FWS has unreasonably delayed issuance of a recovery plan for the PMV under Section 4(f) of the

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Endangered Species Act, and the Court ordered FWS to complete a recovery plan by July 31, 2019,

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unless FWS “finds that such a plan will not promote the conservation of the [PMV].” 16 U.S.C.

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§ 1533(f)(1).

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Judgment is hereby entered in accordance with the April 3, 2014 order.

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IT IS SO ORDERED AND ADJUDGED.

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Dated: April 15, 2014
SUSAN ILLSTON
United States District Judge

United States District Court
For the Northern District of California

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