Association of American Railroads v. California Office of Spill Prevention & Response
Opinion
lead Opinion
Nunley, J.
ORDER
This matter is before the. Court pursuant to Defendants California Office of Spill Prevention and Response; Thomas M. Cullen, Jr., California Administrator for Oil Spill Response (“Administrator”); and Kamala D. Harris, Attorney General of the State of California’s (collectively “Defendants”) Motion to Dismiss Complaint for Injunctive , and Declaratory Relief. (ECF No. 18.) The Court has carefully considered the arguments raised in Defendants’ motion and reply as well as Plaintiffs Association of American Railroads, Union Pacific Railroad Company, and BNSF Railway Company’s (collectively “Plaintiffs”) opposition. For the reasons set forth below, Defendants’ Motion to Dismiss (ECF No. 18) is hereby GRANTED.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
On June 20, 2014, the State of California passed- S.B. 861, «imposing a. Variety of regulations for the transportation of “oil through or near the waters of the state[,]” including by railroad. (Oompl., ECF No. 1 at ¶¶ 4, 34, citing Cal. Gov.Code § 8670.2(k).) S.B. 861 amended and expanded the Lemperb-Keene-Seastrand Oil Spill Prevention and Response Act (“Lem-pert-Keene Act”), Cal. Gov.Code §§ 8574.1-8574.10,-867(1.1-8670.95…