League to Save Lake Tahoe v. Tahoe Regional Planning Agency

Good Law
497 F. App'x 697
United States Court of Appeals for the Ninth CircuitOctober 11, 201211-17318California1,090 words

Opinion

Opinion

MEMORANDUM

The League to Save Lake Tahoe (“the League”) appeals from the district court’s summary judgment upholding the regulatory approvals issued by the Tahoe Regional Planning Agency (“TRPA” or “the agency”) for the Sierra Colina Village project. We have jurisdiction under 28 U.S.C. § 1291 . We vacate the judgment and remand for further proceedings. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

Contrary to TRPA’s assertion, the League has standing to sue on its members’ behalf. “An organization may bring an action on behalf of its members if: (1) the individual members would have standing to sue; (2) the organization’s purpose relates to the interests being vindicated; and (3) the claims asserted do not require the participation of individual members. The individual members have standing if they can demonstrate that an actual or threatened injury exists, which is fairly traceable to the challenged action, and that such injury is likely to be redressed by a favorable decision.” Save Our Sonoran, Inc. v. Flowers, 408 F.3d 1113, 1119 (9th Cir.2004) (citing Ecological Rights Found. v. Pac. Lumber Co., 230…

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