Institute for Fisheries Resources v. Bridgestone Americas, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 INSTITUTE FOR FISHERIES Case No. 3:23-cv-05748-JD RESOURCES, et al., 8 Plaintiffs, ORDER RE STAY 9 v.

CONTINENTAL TIRE THE AMERICAS,

LLC, et al., Defendants. 12 The crux of this environmental case is whether the use of N-(1,3-dimethylbutyl)-N’- phenyl-p-phenylenediamine (6PPD) in car and truck tires made by defendants resulted in road runoff in the form of 6PPD-quinone (6PPD-q) that caused a “taking” of protected salmonid fish species in West Coast populations under Section 9 of the Endangered Species Act, 16 U.S.C. § 1361 et seq (ESA). Dkt. No. 19 (first amended complaint). The Court denied defendants’ motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 123. This order resolves defendants’ request for a stay under the “primary jurisdiction doctrine.” Dkt. No. 111. Defendants say that the case involves issues that “‘have been placed within the special competence of an administrative body,’” namely the Environmental Protection Agency.…