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In a June 21, 2004 a conference call that included ASA Board Members, past ASA presidents, Roy Denner (ORBA/SDROC), lobbyists from Sacramento and Washington DC, and our collective attorney David Hubbard, a unanimous decision was made to file suit against the United States Fish and Wildlife Service (USFWS) to challenge the recent PMV delisting decision.

On June 23, 2004 David Hubbard sent a 60-day letter of intent to sue to the USFWS for the following reasons:

“Specifically, the action will allege that the decision to deny the Delisting Petition was (1) not based on the best scientific and commercial evidence available, (2) contradicts the technical evidence that was provided or available to the USFWS, and (3) was therefore arbitrary, capricious, and an abuse of discretion.”

There is more to the 60-day letter however, the above will be the basis for our suit and is why we feel we have a high probability of winning this case in either Federal Court and/or the 9th Circuit.

Here is what we believe the process MIGHT be. Should we win the first round, it is likely the Judge would remand the Delisting Petition back to the USFWS in order to give them an opportunity to come back with the correct decision.

After another unknown period, the USFWS could respond with the same opinion: the PMV should not be delisted. At that point, the Judge could remand back to the USFWS once again or order that the PMV be delisted. Most likely, this will not be the end of the issue and our case will be taken to the 9th Circuit Court of Appeals.

Concurrently, we will be perusing other avenues to delist the PMV. For reasons we know you understand, we cannot divulge them at this time. Please know everyone on our team is taking this issue very seriously.

In closing, I would like to thank ORBA and SDORC for all past and future help with this issue and to all the people from every organization for their donations, patience, hours, and commitment to this delisting effort.

Thank you,

The American Sand Association

I like it!

Thanks for the info, Grant!

<fixed the title for you!> Pastor

Good luck!!!!!!!!!!!!!!!!!!!!!!!!!! And Thank you!

thanks for keeping us in the loop ...

Thanks Grant for the info...Sure hope this works out, cuz if we gots to do another protest, it could get much more ugly for them...

I'm all for another protest....Being that I live In Sacto., I think a rally at the Capitol would be sweet How do we do that

Thanks Grant.

Thank you GRANT!