Ashley Creek Properties, l.l.c v. Brent Larson

MEMORANDUM

Ashley Creek Properties, L.L.C., appeals the dismissal, for lack of standing, of its suit challenging the Environmental Impact Statement prepared for the expansion of J.R. Simplot Company’s Smoky Canyon Mine, located on federal land in Caribou County, Idaho. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“[Article III] limits are jurisdictional: they cannot be waived by any party, and there is no question that a court can, and indeed must, resolve any doubts about this constitutional issue.” City of Los Angeles v. County of Kern, 581 F.3d 841, 845 (9th Cir.2009). To establish Article III standing, a plaintiff must show (1) it has suffered an “injury in fact” that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). In addition, a plaintiff bringing suit under the Administrative Procedure Act for a violation of the…