Peper v. Department of Agriculture of U.S.

Full title: KENNETH E. PEPER, Plaintiff, v. DEPARTMENT OF AGRICULTURE OF THE UNITED…

Court: United States District Court, D. Colorado

Date published: Jul 19, 2007

Civil Action No. 04-cv-01382-ZLW-PAC (D. Colo. Jul. 19, 2007)

Opinion

Civil Action No. 04-cv-01382-ZLW-PAC.

July 19, 2007

ORDER

ZITA WEINSHIENK, Senior District Judge

This matter was before the Court on July 8, 2007, for oral argument on (1) Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed, and (2) Plaintiff's Response And Objection To The Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed. The Court heard the arguments and statements of counsel, and made oral conclusions of law which are incorporated herein by reference as if fully set forth. Accordingly, it is

ORDERED that Defendants' Request That Plaintiff's Remaining Claim Be Dismissed (Doc. No. 37) is granted. It is

FURTHER ORDERED that Plaintiff's Objection To The Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed (Doc. No. 42) is overruled. It is

FURTHER ORDERED that Plaintiff's claim under the Alaskan National Interest Land Conservation Act (ANILCA)¹ is dismissed. It is

1 See 16 U.S.C. § 3210 (2000); 36 C.F.R. § 251.54.

FURTHER ORDERED that Plaintiff may file an Amended Complaint on or before September 18, 2007, setting forth a claim for review of the agency decision under the Administrative Procedure Act (APA),² which then shall be the only claim at issue in this case. The Court thereafter will enter judgment on Plaintiff's dismissed claims pursuant to Fed.R.Civ.P. 54(b).

2 5 U.S.C. §§ 701- 706.