Fitzgerald Reno, Inc. v. U.S. Department of Transportation

MEMORANDUM *

Plaintiff-Appellants appeal the district court’s dismissal for lack of standing and denial of a preliminary injunction to enjoin funding and construction of the Reno Transportation Rail Access Corridor Project (“ReTRAC”). Because the parties are familiar with the facts, they are not recited herein. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In reviewing a motion to dismiss, we limit our inquiry to the complaint and appended affidavits. See, e.g., Western Ctr. For Journalism, v. Cederquist, 235 F.3d 1153 , 1154 n. 1 (9th Cir.2000). Prudential standing under NEPA requires that plaintiffs allege interests within NEPA’s environmental “zone of interests,” whereby purely economic interests are not sufficient to confer prudential standing. See Nevada Land Action Ass’n v. U.S. Forest Service, 8 F.3d 713, 716 (9th Cir.1993). Plaintiffs’ concerns appear to be economic rather than environmental. TTAX has no standing because it is a taxpayer organization whose purported environmental interests are not germane to its members. See Presidio Golf Club v. National Park Ser *54 vice, 155 F.3d 1153 , 1159 (9th Cir.1998). As to the other plaintiffs, although on appeal…