Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

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Filed 08/15/2008

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IN THE UNITEÓ STAtES COURT OF FEDERAL CLAIMS

Sacramento Grazing Association, Inc., et aI.,
No.

04-786

Plaintiff,
v.

Judge Susan G. Braden

United States,

Defendants.
Micha~1 J. Van Zandts Declaration in Support of Opposition to Motion for

Summary Judgment
I, MICHAEL J. VAN ZANDT, ESQ., declare as follows:
1. I am counsel of record for Plaintiffs in the above-captioned action.
2. Pursuant to Federal Rule of Evidence 201, Plaintiffs respectfully request that this

court take judicial notice of the following United States Forest Service ("USFS") records and
United States Fish & Wildlife Service ("USFWS") records, true and correct copies of which are

included as Exhibits A through E to the instant declaration in support of Plaintiff's Cross-Motion

for Partial Summary Judgment, Opposition to Defendant's Motion for Summary Judgment, and
Memorandum In Support Thereof ("Plaintiff's Motions").
3. Attached as Exhibit A is a true and correct copy of the Final Environmental

Impact Statement (FEIS) for the Sacramento, Dry Canyon and Davis Grazing Allotments, dated

July 2004, prepared by the USFS.
4. Attached as Exhibit 8 is a true and correct copy of the Sacramento Mountains

Thistle Recovery Plan (Cirsium vinaceum), dated 1993, prepared by the USFWS.
5. Attached as Exhibit C is a true and correct copy of the Biological Opinion on the

Effects to the Mexican Spotted Owl, the Sacramento Mountains Thistle, and the Sacramento Mountains Prickly Poppy from the Proposal to Issue a Permit for the Sacramento Grazing

Case 1:04-cv-00786-SGB

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Allotment, Sacramento Ranger District, Lincoln National Forest, Otero County, New Mexico,
dated February 4, 2004 and prepared by the USFWS.
6. Attached as Exhibit D is a true and correct copy of the Record of Decision of the
Final Environmental

Impact Statement, Sacramento, Dry Canyon and Davis Grazing Allotments,

Sacramento Ranger District, Lincoln National Forest, dated July 28, 2004 and prepared by the

USFS.
7. Attached as Exhibit E is a true and correct copy of the Threatened, Endangered

and Sensitive Species Biological Evaluation, Lincoln National Forest, for the Sacramento
Allotment Interim Summer Grazing Plan, dated May 8, 1992 and prepared by the USFS.
I declare under the penalty of perjury under the laws of the United States that the

foregoing is true and correct.
Executed this 15th day of August, 2008 at San Francisco, California.

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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of August 2008, a true and accurate copy of Michael

J. Van Zandt's Declaration in Support of Opposition to Motion for Summary Judgment was served upon counsel by first-class mail, by placing the same in the United States mail, postage
prepaid, addressed to:

Kathleen Lennon Doster.

U.S. Department of Justice
Environment & Natural Resources Division P.O. Box 663 Washington, DC 20044-663

Tel: (202) 305-0481 Fax: (202) 305-0506
Kathleen. dosterCãusdoi .QOV

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