CALIFORNIA NATIVE PLANT SOCIETY v. NORTON, (S.D.Cal. 2004)

DANA M. SABRAW, District Judge

Plaintiff California Native Plant Society's motion for summary judgment and Defendants Gale Norton and Steven Williams' cross-motion for summary judgment are currently pending before the Court, and scheduled for hearing on February 6, 2004. The Court has reviewed the moving papers, oppositions, and the record on file herein. In anticipation of the hearing on these motions, the Court offers the following tentative ruling:

1. Plaintiff's motion for summary judgment is tentatively denied and Defendants' cross-motion for summary judgment is tentatively granted. The Court is not persuaded by the following arguments:

a. This case is moot;

b. The 2003 BiOp failed to define "major population," or that the definition of "major population" was arbitrary and capricious;

c. Defendants failed to use the best available scientific evidence in issuing the 2003 BiOp;

d. It was unreasonable for Defendants to rely on the INRMP in issuing their "no jeopardy" opinion;

e. Defendants' association of Willowy monardella was arbitrary and capricious;

f. Defendants failed to analyze or determine the status of Willowy monardella in issuing their "no jeopardy" opinion; and

g. Defendants refused to conduct a cumulative effects analysis.