Guardians v. Salazar

Full title: WILDEARTH GUARDIANS, Plaintiff, v. KEN SALAZAR, Defendant

Court: United States District Court, D. Colorado

Date published: May 26, 2010

Civil Action No. 10-cv-00817-WDM-CBS (D. Colo. May. 26, 2010)

Opinion

Civil Action No. 10-cv-00817-WDM-CBS.

May 26, 2010

ORDER

WALKER MILLER, District Judge

This matter is before me on the parties' motion to enter the settlement agreement as a order of dismissal (Doc. No. 6) and the parties' stipulated settlement agreement (Doc. No. 5). Being sufficiently advised in the premises, the parties' motion is granted in part and denied in part. Accordingly, it is ordered:

1. On or before September 10, 2010, the US Fish and Wildlife Service ("Service") shall submit to the Federal Register for publication a 12-month finding with regard to whether the listing of Sprague's pipit ( Anthus spragueii) as threatened or endangered is warranted, not warranted, or warranted but precluded pursuant to 16 U.S.C. § 1633(b)(3)(B);

2. The Defendant shall pay Plaintiff $700 as full settlement for all claimed attorneys' fees and costs incurred to date;

3. Otherwise the complaint shall be dismissed with prejudice; and

4. This court shall retain jurisdiction to enforce the parties' May 19, 2010 settlement agreement (Doc. No. 5).