Defenders of Wildlife et al v. United States Army Corps of Engineers et al

Filing 200

CLERK'S JUDGMENT. (SLR)

UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
GREAT FALLS DIVISION

DEFENDERS OF WILDLIFE, and
NATURAL RESOURCE DEFENSE
COUNCIL,
Plaintiffs,

)
)
)
)
)
vs.
)
)
UNITED STATES ARMY CORPS )
OF ENGINEERS; UNITED STATES )
BUREAU OF RECLAMATION; and )
UNITED STATES FISH AND
)
WILDLIFE SERVICE,
)
Defendants.
)
and
)
)
LOWER YELLOWSTONE
)
IRRIGATION PROJECT BOARD )
OF CONTROL; SAVAGE
)
IRRIGATION DISTRICT; and,
)
INTAKE IRRIGATION DISTRICT, )
)
Defendant-Intervenors. )

Cause No. CV-15-14-GF-BMM

JUDGMENT IN A CIVIL CASE

____ Jury Verdict. This action came before the Court for a trial by jury. The
issues have been tried and the jury has rendered its verdict.
X Decision by Court. This action came before the Court for bench trial,
hearing or determination on the record. A decision has been rendered.

IT IS ORDERED AND ADJUDGED :
Plaintiff’s Motion for Summary Judgment (Doc. 172) on Claims 11-14 is
DENIED;
Federal Defendants’/Intervenor Defendants’ Cross-Motions for Summary
Judgment (Docs. 180 & 178) on Claims 11-14 are GRANTED;
Plaintiff’s request that the Court order the Bureau to finalize a plan to bring
its operation at Intake Dam into compliance with the ESA (Claims 4 & 5) is
DISMISSED WITHOUT PREJUDICE; and,
Plaintiff’s request that the Court order the Corps to finalize a plan to bring
its operation of Fort Peck Dam into compliance with the ESA (Claims 1 & 2) has
been rendered moot and thereby is DISMISSED WITHOUT PREJUDICE.
DATED this 23rd day of July, 2018.
TYLER P. GILMAN, CLERK OF COURT

By: /s/ S. Redding
Deputy Clerk