Alliance for the Wild Rockies et al v. Lyder et al

Filing 59

ORDER granting in part and denying in part 29 Motion for Summary Judgment; It is granted as to Counts I, III and IV of Plaintiffs' complaint and denied in all other aspects; granting in part and denying in part 17 Motion for Summary Judgment ; The motion is granted as to Count II: the Service designated occupied critical habitat contrary to the ESA and APA. The Motion is denied in all other aspects. IT IS FURTHER ORDERED that the existing Final Rule is remanded to the USFWS for further action consistent with the reasoning provided herein. The current critical habitat designation shall remain in place until the Service issues a new final rule on lynx critical habitat, at which time the current, invalidated Final Rule (74 Fed. Reg. 8616) will be superceded.. Signed by Judge Donald W. Molloy on 7/28/2010. (BAW, )

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