Building Industry Ass'n of Superior California v. Babbitt

MEMORANDUM OPINION AND ORDER

FRIEDMAN, District Judge.

This matter is before the Court on plaintiffs’ motion for amendment of judgment remanding to the U.S. Fish and Wildlife Service for designation of critical habitat or, in the alternative, motion to amend the complaint. Having considered the plaintiffs’ motion, the oppositions filed by defendants and defendant-intervenors and the memorandum filed by amici curiae, the Court concludes that it lacks jurisdiction to act on plaintiffs’ motion. The Court, however, would grant plaintiffs’ request to amend its complaint if it regained jurisdiction…