District Court, District of Columbia December 11, 2003, CIV.A. 98-1873 (EGS) (Spirit of the Sage Council v. Norton)

MEMORANDUM OPINION AND ORDER

SULLIVAN, District Judge.

This action challenges the validity of two administrative regulations promulgated by the Department of the Interior (“DOI”), the U.S. Fish and Wildlife Service (“FWS”), the Department of Commerce (“DOC”), and the National Marine Fisheries Service (“NMFS”) (collectively, “the Services”): the so-called “No Surprises Rule,” 63 Fed.Reg.