Center for Biological Diversity v. U.S. Bureau of Land Management, et al.

on . Posted in Latest News, Litigation

In a major legal victory, a federal judge ruled in favor of the National Rifle Association (NRA) and the federal Bureau of Land Management (BLM) and threw a lawsuit filed by the environmental group, Center for Biological Diversity (CBD) out of US District Court in Phoenix, Arizona.

CBD’s lawsuit, filed on January 27, 2009, alleged that the BLM and Fish and Wildlife Service (FWS) were illegally mismanaging federal lands in Arizona.  The lawsuit challenged the allowance of off road vehicles, construction of roads, inadequate protection of desert tortoises, and inadequate protection of California condors. Among other things, the suit sought to force BLM to ban the use of lead ammunition for hunting in the Arizona strip. CBD contended California condors in Arizona and elsewhere were being poisoned from scavenging game that was shot by hunters using lead shot or bullets. But the record plainly showed that California condors were reintroduced to this area of Arizona based on express promises by FWS and other agencies that the “reintroduction” would not impact hunting.

The Court ruled that CBD had waived its claims concerning BLM’s failure to assess the alleged impact of lead ammunition on condors because “[i]t did not argue that BLM was required to include the potential effects of lead ammunition in [BLM’s] analysis of environmental impacts.”

NRA’s intervention on behalf of its members in the case Center for Biological Diversity v. U.S. Bureau of Land Management, et al., has already resulted in several legal victories.  A January 13, 2010 court ruling granting NRA’s motion to intervene was published in the official Federal Rules Decision Reporter. The Federal Rules Decisions Reporter is a compendium of selected United States District Court rulings that specifically interpret and apply the Federal Rules of Civil and Criminal Procedure.  Publication of this court ruling is important to hunters and NRA members because it sets legal precedent and confirms that there is a “significantly protectable interest” in hunting that can justify intervention by hunter’s rights groups like NRA in the increasing number of lawsuits filed by so-called environmental groups against state and federal natural resource, game and land management agencies.

Filing Date Filing Party  Document Description
9.30.11 Court Order Dismissing Case
9.30.11 Court Order Denying Plaintiff’s MSJ, granting BLM’s Cross MSJ and granting NRA’s partial MSJ
2.25.11 NRA NRA’s Reply in Support of Its Motion for Partial Summary Adjudication
2.25.11 Safari Club International Amicus Curiae Reply Brief of Safari Club International
2.11.11 Defendants Federal Defendants’ Reply in Support of Federal Defendants’ Combined Cross-MSJ and Opposition to Plaintiff’s MSJ
1.7.11 CBD CBD’s Reply in Support of Summary Judgment, Opposition to Cross-Motions for Summary Judgment and Response to Briefs by Amici Curea
 12.10.10 NRA NRA’s Motion for Partial Summary Adjudication-Opposition to Plaintiff’s Motion for Summary Judgment 1.  NRA’s Statement of Disputed Facts in Response to Plaintiff’s Statement of Material Facts
 12.10.10 State of Arizona Brief by Amicus Arizona Sate
 12.10.10 SCI Breif by Amicus Curiae Safari Club International in Opposition to Plaintiff’s Motion for Summary Judgment
 11.29.10 Court Amended Scheduling Order
 11.27.10 Defendant Federal Defendants’ Corrected Memorandum in Support of Combined Cross-MSJ and Opposition to Plaintiff’s MSJ
 11.24.10 Defendant Federal Defendants’ Combined Cross-MSJ and Opposition to Plaintiff’s MSJ 1.  Memorandum of in Support of Combined Cross-MSJ and Opposition to Plaintiff’s MSJ 2.  Federal Defendants’ Statement of Facts  3.  Memorandum of Points and Authorities  4.  Memorandum of Points and Authorities
 11.19.10 Defendant Defendants’ Notice of Filing Second Supplement to the Administrative Record 1.  Defendants’ Certification of the Administrative Record 2.  Defendants’ Index to the Second Supplement to Administrative Record
 9.15.10 Plaintiff Motion for Summary Judgment 1.  Statement of Facts in Support of MSJ 2.  Declaration of Taylor McKinnon in Support of Plaintiff’s MSJ 3.  Declaration of Robin Silver in Support of Plaintiff’s MSJ
 8.18.10 Defendant Notice Re of Filing of a Supplement to the Administrative Record
 8.17.10 Defendant Defendants Notice of Substitution of Attorney
 6.23.10 NRA Defendant Intervener NRA’s Answer to Amended Complaint
 6.09.10 Plaintiff Plaintiff’s Second Amended Complaint
 6.09.10 Court Order Granting Amended Joint Stipulation for Filing Second Amended Complaint
 6.08.10 Plaintiff Amended Joint Stipulation for Filing Second Amended Complaint
 6.04.10 Plaintiff Joint Stipulation for Filing of Amended Complaint 1.  Second Amended Complaint
 6.03.10 Defendant Notice of Filing of the Administrative Records for the U.S. Bureau of Land Management and the U.S. Fish and Wildlife Service
 6.02.10 Court Order Granting State of Arizona’s Motion to File Amicus Curiae
 5.26.10 State of Arizona State of Arizona’s Notice re Request for Amicus Curiae Status
 5.14.10 NRA NRA’s Reply in Support of Brief Regarding the Scope of the NRA’s Intervention
 5.13.10 State of Arizona State of Arizona’s Motion for Amicus Curiae Status
 5.12.10 Plaintiff Plaintiff’s Response to NRA’s Brief Re The Scope of Intervention
 5.03.10 Defendant Third Revised Joint Case Management Report
 4.12.10 Court Order Granting SCI Amicus Curiae Status and Scheduling Conference
 4.08.10 Defendant Second Revised Joint Case Management Report
 4.08.10 Defendant Request for Case Managment Conference
 3.8.10 Court Order Granting Motion for Extension of Time
 3.08.10 Defendant Joint Status Report
 3.08.10 Defendant Joint Motion for Extension of Time to Submit a Request for a Stay or a Request for a Case Management Conference and Revise Case Management Report
 1.28.10 Defendant Safari Club International’s Reply in Support of Motion for Amicus Curiae Status
 1.25.10 Defendant Revised Joint Case Management Report
 1.25.10 NRA NRA’s Corporate Disclosure Statement
 1.22.10 Defendant Defendant’s Response to The Safari Club International’s Motion for Amicus Curiae Status
 1.13.10 Court Order Granting NRA’s Motion for Leave to Intervene
 1.13.10 SCI Safari Club International’s Corporate Disclosure Statement
 1.08.09 SCI Memorandum of Points & Authorities In Support of Motion for Amicus Curiae Status By Safari Club International 1.  Proposed Order Granting Safari Club’s Amicus Curiae 2.  Declaration of Kevin Anderson
 12.03.09 Plaintiff Response in Opposition to Motion for Leave to File Letter Brief
 11.23.09 NRA NRA’s Request for Permission to File Letter Brief Re Newly Acquired Evidence in Support of Motion for Leave to Intervene
 11.02.09 NRA Reply in Support of Motion for Leave to Intervene of National Rifle Association
 10.28.09 Defendant Response to NRA’s Motion for Leave to Intervene
 10.26.09 Plaintiff Opposition to NRA’s Motion for Leave to Intervene
 10.14.09 NRA NRA’s Proposed Answer in Intervention to Plaintiff’s First Amended Complaint
 10.14.09 NRA  Motion to Intervene as Defendant by National Rifle Association 1.  Declaration of CD Michel  2.  Declaration of Don Martin 3.  Declaration of David Nystrom 4.  Declaration of Eric Soderblum 5.  Declaration Todd Geiler 6.  Notice of Lodgement of Appendix of Non-Binding Authority
 5.04.09 Defendant  Defendant’s Answer to Amended Complaint
 3.25.09 Plaintiff  First Amended Complaint
 1.27.09 Plaintiff  Complaint

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