Lake Tahoe Watercraft v. Tahoe Regional Planning

MEMORANDUM AND ORDER

The Lake Tahoe Watercraft Recreation Association and various watercraft manufacturers, retailers and users bring this action challenging the legality of Tahoe Regional Planning Agency (“TRPA”) Ordinance No. 97-12 (“Ordinance”). In particular, plaintiffs challenge the portion of the Ordinance prohibiting the discharge of unburned fuel and oil from the operation of watercraft propelled by carbureted two-stroke engines commencing June 1,1999.

Plaintiffs’ complaint alleges: violations of the equal protection, due process, and commerce clauses of the United States Constitution; an illegal taking; violation of the Federal Ad in Sport Fish Restoration Act; the Ordinance obstructs access to a navigable waterway; failure to comply with various provisions of the Compact; the Ordinance is void for vagueness; and violations of the California and Nevada Constitutions and laws. Defendant TRPA moves for judgment on the pleadings as to the first through fifth and ninth through eighteenth causes of action. Fed.R.Civ.P. 12(c). Intervenor-defen-dant The League to Save Lake Tahoe (“League”) moves to dismiss the first through eighteenth causes of action. Fed. R.Civ.P. 12(b)(6).…