Wild Equity Institute v. United States Environmental Protection Agency

ORDER GRANTING MOTION TO DISMISS

Defendant’s motion for an order dismissing the complaint for lack of subject matter jurisdiction and failure to state'a claim came on for hearing before this court on October 21, 2015. Plaintiff appeared by,.its counsel Brent Plater, and defendant appeared by its counsel Bridget McNeil and Julie Walters. Having read the parties’ papers and carefully considered their arguments and the relevant iegal authority, the court hereby GRANTS the motion.

INTRODUCTION

Plaintiff Wild Equity Institute (“Wild Equity”), a non-profit environmental group, bought this action against the United States Environmental Protection Agency (“EPA”), asserting a claim under’§ 7'of the Endangered Species Act, 16 U.S.C; § 1536. Wild Equity alleges that emissions from a power plant in 1 Contra Costa County endanger the continued existence of the Lange’s metalmark butterfly, the Antioch Dunes evening primrose, and the Contra Costa wallflower (“the Listed Species’’); each of which is endemic to the Antioch Dunes National Wildlife Refuge (“Antioch Dunes NWR”).

STATUTORY BACKGROUND

A. The Endangered Species Act

The Endangered Species Act' (“ESA”) provides for the listing of…