Tosco Corp. v. Communities for a Better Environment

ORDER GRANTING DEFENDANT COMMUNITIES FOR A BETTER ENVIRONMENT’S MOTION TO DISMISS PURSUANT TO RULE 12(b)(1) WITHOUT PREJUDICE

I. Background

A. Factual Summary

This action is brought by Plaintiff Tosco Corporation (“Plaintiff’), a Nevada Corporation, against Defendant Communities for a Better Environment (“Defendant”), a California non-profit Corporation, for (1) slander, (2) libel, (3) malicious prosecution, and (4) equitable relief. Plaintiff asserts that this Court has subject matter jurisdiction because there is complete diversity between the parties and the amount in controversy exceeds $75,000.

Plaintiffs claims arise from two previous lawsuits initiated by Defendant against Plaintiff for alleged violations of federal and state environmental laws. First, Plaintiff alleges that Defendant’s statements and conduct during a July 1997 lawsuit constitute libel, slander, and malicious prosecution. On July 23, 1997, Defendant filed a lawsuit in this Court against Plaintiff and several other oil companies for violating the Clean Air Act. See Declaration of R. Drury in Support of Defendant’s Motion to Dismiss, Exhibit B (Defendant’s July 23, 1997 Clean Air Act Complaint against…