Sierra Club v. Johnson

ORDER DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND ORDER TO SHOW CAUSE

INTRODUCTION

In this environmental action alleging failure to perform nondiscretionary duties required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal defendants move to dismiss for lack of subject-matter jurisdiction or, in the alternative, for improper venue. For the reasons stated below, defendants’ motion is Denied in Part. Subject-matter jurisdiction is proper over plaintiffs’ CERCLA claim. With respect to plaintiffs’ Administrative Procedure Act claim, the parties are hereby ordered to show cause within fourteen days as to whether that claim is duplicative of the CERCLA claim.

STATEMENT

Plaintiffs Sierra Club, Great Basin Resource Watch, Amigos Bravos, and Idaho Conservation League are nonprofit organizations dedicated to environmental protection. The lead plaintiff in this action is Sierra Club, a California nonprofit corporation headquartered in San Francisco. Sierra Club has over 700,000 members in all fifty states and the District of Columbia. Defendants are Stephen L. Johnson, sued in his official capacity as Administrator of the…