Idaho Building & Construction Trades Council v. Inland Pacific Chapter of Associated Builders & Contractors, Inc.

MEMORANDUM

The Idaho Building and Construction Trades Council, AFL-CIO, and Southwest Idaho Building and Construction Trades Council, AFL-CIO (collectively, the “Trades Councils”), brought suit to enjoin the enforcement of two Idaho statutes: the Open Access to Work Act (“OAA”), codified at Idaho Code § 44-2018 , and the Fairness in Contracting Act, codified at Idaho Code § 44-2012 . In an opinion published concurrently with this disposition, we affirm the district court’s grant of summary judgment to the Trades Councils with regard to the Fairness in Contracting Act. Here, we hold that the Trades Councils lack standing to assert their challenge to the Open Access to Work Act, vacate the district court’s award of summary judgment to the Trades Councils as to the OAA claim, and remand with instructions to dismiss that claim. See Chapman v. Pier 1 Imports (U.S.) Inc., 681 F.3d 939, 966 (9th Cir.2011) (en banc). We also affirm the district court’s denial of the motion by the Inland Pacific Chapter of the Associated Builders and Contractors, Inc. (“ABC”) to intervene.

1. As the state has conceded, Administrator Mason is a proper defendant under Ex parte Young, 209 U.S. 123 , 28…