Institute for Fisheries Resources, et al. v. Continental Tire the Americas, LLC, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 INSTITUTE FOR FISHERIES Case No. 23-cv-05748-JD RESOURCES, et al., 5 Plaintiffs, ORDER RE SUMITOMO SUMMARY JUDGMENT v.
CONTINENTAL TIRE THE AMERICAS,
LLC, et al., Defendants. 9 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 is toxic to protected salmonid fish species in West Coast populations and caused a “take” under Section 9 of the Endangered Species Act, 16 U.S.C. § 1531 et seq. (ESA). Dkt. No. 19 (first amended complaint). Defendant Sumitomo Rubber USA, LLC (SRUSA), which is one of many tire suppliers named as a defendant, asks for summary judgment on the grounds that it exited the tire manufacturing business in the United States in 2024, and so cannot be liable under Section 9. See Dkt. No. 237. Another Sumitomo defendant, Sumitomo Rubber North America, Inc. (SRNA), did…