La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. U.S. Department of Interior

MEMORANDUM

La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee, Californians for Renewable Energy, and several of their members appeal the dismissal of their claims under the Energy Policy Act of 2006, as amended (“EPAct”), the National Historic Preservation Act (“NHPA”), and the National Environmental Policy Act (“NEPA”). We review de novo, N. Cnty. Commc’ns Corp. v. Cal. Catalog & Tech, 594 F.3d 1149, 1164 (9th Cir.2010), and affirm.

1. We deny Genesis Solar, LLC’s motion for judicial notice (Dkt. No. 21).

2. Plaintiffs have failed to establish standing to pursue a claim under Sections 1702 and 1705 of the EPAct, 42 U.S.C. §§ 16512 , 16516. To demonstrate individual standing, a plaintiff must “have suffered or be imminently threatened with a concrete and particularized ‘injury in fact’ that is fairly traceable to the challenged action of the defendant and likely to be redressed by a favorable judicial decision.” Lexmark Int'l, Inc. v. Static Control Components, Inc., — U.S.-, 134 S.Ct. 1377, 1386 , 188 L.Ed.2d 392 (2014) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992)). Even if we assume Plaintiffs adequately…