Abraham

ORDER: (1) DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; AND (2) GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND SUMMARY JUDGMENT

INTRODUCTION

In this case, plaintiffs, three environmental organizations, seek enforcement of certain provisions of the Energy Policy Act of 1992. These provisions relate to alternative fuel vehicles, or AFVs. Alternative fuel vehicles are vehicles capable of operating on alcohol-based fuels, natural gas, biomass fuels, electricity, and other sources aside from petroleum. Defendants are eighteen government agencies and then-heads, all of whom are being sued in their official capacities. Plaintiffs now move for partial summary judgment on Count I of their complaint and summary judgment on Counts II and III. Defendants move for summary judgment as to all of plaintiffs’ claims, on the ground that plaintiffs lack the capacity to sue. For the reasons given below, this order GRANTS plaintiffs’ motion with regard to all of their claims. Plaintiffs have standing to bring each of their claims, and have established beyond doubt that defendants have violated the Act in that (1) several among the defendant agencies have…