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San Luis Unit Food Producers, et al v. United States of America; Department of the Interior; Bureau of Reclamation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


March 4, 2011

SAN LUIS UNIT FOOD PRODUCERS, ET AL.,
PLAINTIFFS,
v.
UNITED STATES OF AMERICA; DEPARTMENT OF THE INTERIOR; BUREAU OF RECLAMATION, COURTROOM NO. 3 DEFENDANTS.

The opinion of the court was delivered by: Hon. Oliver W. Wanger

IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice DAVID B. GLAZER (D.C. 400966) Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 TEL: (415) 744--6491 FAX: (415) 744-6476 e-mail: david.glazer@usdoj.gov Attorneys for Federal Defendant

ORDER OF JUDGMENT

Date: N/A Time: N/A/

San Luis Unit Food Prods. v. U.S., No. 1:09-cv-01871-OWW-DLB Federal Defendants' Proposed Order of Judgmentted with pdfFactory trial version www.pdffactory.com

In accordance with this Court's Memorandum Decision of February 16, 2011 [Dkt. #54] on the Federal Defendants' Motion for Judgment on the Pleadings [Dkt. #24] and Plaintiffs' Cross-Motion for Judgment on the Pleadings and Motion for Summary Judgment [Dkt. #17], the Court GRANTS Plaintiffs' Motion For Judgment on the Pleadings as to the Federal Defendants' Fifth Defense (laches) and Sixth Defense (exhaustion of administrative remedies), but denies Plaintiffs' Motion for Judgment on the Pleadings in all other respects and DENIES Plaintiffs' Motion for Summary Judgment.

The Court GRANTS summary judgment to the Federal Defendants on all claims in Plaintiffs' Complaint and accordingly ENTERS JUDGMENT as follows:

1. As to Claims 1 through 11 of Plaintiffs' Complaint, the Court finds that Plaintiffs lack standing to bring those claims because they do not fall within the "zone of interests" of the statutory provisions invoked and, in addition, the Court finds that Plaintiffs have failed to plead any violation of any mandatory duty and, therefore, have failed to satisfy the final agency action requirement of section 704 the Administrative Procedure Act, 5 U.S.C. § 704.

2. As to Claims 12 through 15 of Plaintiffs' Complaint, the Court finds that Plaintiffs lack standing to bring those claims because the injuries alleged are not fairly traceable to the statutory provisions claimed to be violated and because Plaintiffs otherwise lack standing to assert claims based upon "lost revenue" to the federal government.

IT IS SO ORDERED.

OLIVER W. WANGER United States District Judge

San Luis Unit Food Prods. v. U.S., No. 1:09-cv-01871-OWW-DLB Federal Defendants' Order of Judgment 1 ted with pdfFactory trial version www.pdffactory.com

20110304

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