Greenaction for Health and Environmental Justice v. United States Department of the Navy

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GREENACTION FOR HEALTH AND Case No. 24-cv-03899-VC

ENVIRONMENTAL JUSTICE,

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

UNITED STATES DEPARTMENT OF Re: Dkt. No. 21 THE NAVY, et al., Defendants.

The motion to dismiss is granted in part and denied in part. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. Both parties’ unopposed requests for judicial notice are granted, and the other documents the government submitted can properly be considered as incorporated into the complaint. See Parrino v. FHP, Inc., 146 F.3d 699, 705–06 (9th Cir. 1998), superseded by statute on other grounds as recognized by Rueda Vidal v. Bolton, 822 F. App’x 643, 644–54 (9th Cir. 2020). There are a number of problems with the complaint. For one example, several of the claims group together what really should be separated out into distinct claims. So the complaint will need to be amended. But it is clear that several of Greenaction’s claims will ultimately be able to move forward in some…