SWANSON GROUP MFG.LLC et al v. SALAZAR et al

Filing 59

ORDER, For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that plaintiffs' Motion for Summary Judgment 41 is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that defendant's Cross-Motion for S ummary Judgment 45 is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that defendant-intervenors' Cross-Motion for Summary Judgment 44 is DENIED; it is further ORDERED that judgment is entered in favor of plaintiffs on Counts One and Two of the Amended Complaint; it is further ORDERED that defendant Ken Salazar and/or his successors shall sell or offer for sale the declared annual sustained yield capacity of timber for the Medford and Roseburg districts for each year; it is f urther ORDERED that the Owl Estimation Methodology is set aside and shall not be used by defendants Ken Slazar, Tom Vilsack, and/or their successors unless and until the methodology is submitted to the rulemaking procedures of 5 U.S.C. 553; it is fur ther ORDERED that Count Three of the AMNEDED COMPLAINT is DISMISSED as moot; and it is further ORDERED that Counts Four and Five of the AMENDED COMPLAINT are DISMISSED as conceded. SO ORDERED. Signed by Judge Richard J. Leon on 6/26/2013. (see order) (kc )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SWANSON GROUP MFG. LLC, et at.,
Plaintiffs,

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) Civil Case No. 10-1843 (RJL)

v.

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KEN SALAZAR, et at.,

Defendants.

~ORDER
June Zb, 2013 [## 41, 44, 45]
For the reasons set forth in the accompanying Memorandum Opinion, it is hereby
ORDERED that plaintiffs' Motion for Summary Judgment [Dkt. # 41] is
GRANTED IN PART AND DENIED IN PART; it is further
ORDERED that defendant's Cross-Motion for Summary Judgment [Dkt. # 45] is
GRANTED IN PART AND DENIED IN PART; it is further
ORDERED that defendant-intervenors' Cross-Motion for Summary Judgment
[Dkt. # 44] is DENIED; it is further
ORDERED that judgment is entered in favor of plaintiffs on Counts One and Two
of the Amended Complaint; it is further
ORDERED that defendant Ken Salazar and/or his successors shall sell or offer for
sale the declared annual sustained yield capacity of timber for the Medford and Roseburg
districts for each year; it is further

ORDERED that the Owl Estimation Methodology is set aside and shall not be
used by defendants Ken Salazar, Tom Vilsack, and/or their successors unless and until the
methodology is submitted to the rulemaking procedures of 5 U.S.C. § 553; it is further

ORDERED that Count Three of the Amended Complaint is DISMISSED as
moot; and it is further

ORDERED that Counts Four and Five of the Amended Complaint are
DISMISSED as conceded.
SO ORDERED.

RICHARD .
N
United States District Judge