Opinion
Civil Action No. 08-cv-02775-AP.
June 16, 2009
ORDER
This matter is before the Court on Petitioner's Unopposed Motion to Partially Dismiss Without Prejudice and to Stay Remaining Challenge (doc. #25), filed June 12, 2009. The motion is GRANTED. It is
ORDERED that Petitioner's challenges to the 1998 Listing Rule and the 2008 Amended Listing Rule are DISMISSED WITHOUT PREJUDICE. It is
FURTHER ORDERED that Petitioner's remaining challenge to the 2003 Critical Habitat Rule is STAYED pending the outcome of United States Fish and Wildlife Service's revision of its critical habitat designation for Prebles pursuant to the settlement in City of Greeley. The parties shall file a Status Report as soon as practicable following the decision and notice period.