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. 61 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. The government’s request for judicial notice is granted. 1. The motion is granted as to the first claim (that the government violated the work plan by rejecting the initial strontium samples and switching sampling methods). The work plan allows changes to the “sampling program” at parcel G, including to the “analytical suite,” if the Navy approves a “field change request” regarding the changes. Here, the Navy approved field change requests to change the strontium sampling method at parcel G from Method 905 to the Eichrom method. So the Navy’s change in sampling method did not violate the work plan; it was expressly authorized under the work plan. Although Greenaction…