Central Valley Eden Environmental Defenders, LLC v. Airgas USA, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CENTRAL VALLEY EDEN No. 2:24-cv-03547-DJC-AC

ENVIRONMENTAL DEFENDERS, LLC,

12 Plaintiff, ORDER v.

AIRGAS USA, LLC,

15 Defendants. 16 This is an action under the Clean Water Act, in which Plaintiff Central Valley Eden Environmental Defenders, LLC alleges Defendant Airgas USA, LLC has failed to properly file certain permits and comply with regulations related to stormwater discharge and other water pollutants. Airgas USA, LLC seeks dismissal of the Complaint, arguing that Plaintiff lacks standing. For the reasons set forth below, the Court finds that Plaintiff fails to plead independent factual allegations sufficient to establish associational standing under Article III, and hereby GRANTS Defendant’s Motion to Dismiss on standing grounds. Plaintiff may refile a First Amended Complaint within fourteen days. BACKGROUND Airgas USA, LLC (“Airgas”) operates a facility in Sacramento, California, that produces chemical…