Southwest Center for Biological Diversity v. Bartel

AMENDED DECISION AND INJUNCTION

BREWSTER, Senior District Judge.

In this Endangered Species Act (“ESA,” 16 U.S.C. §§ 1531-1544) case, fourteen national, state, and local conservation and environmental groups1 (hereinafter “Plaintiffs”) challenge the decision of the United States Fish and Wildlife Service2 (hereinafter “FWS” or “Federal Defendants”) to issue an incidental take permit (“ITP”) under § 10 of the ESA to the City of San Diego3 based upon its conservation plan. *?This Court has jurisdiction under the citizen suit provision of the ESA. § 1540(g). Though the City’s ITP governs 85…