Association of Property Owners/Residents of Port Madison v. Individual Council Members of Suquamish Tribal Council

*128 MEMORANDUM *

The Plaintiffs-Appellants appeal the district court’s judgment dismissing the action and denying reconsideration. The district court held that Article III standing had not been established. We consider de novo a district court’s dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). McGraw v. United States, 281 F.3d 997, 1001 (9th Cir.2002), as amended, 298 F.3d 754 (9th Cir.2002).

To establish standing, APORPMA must meet three requirements. First, APORPMA “must show that [they have] suffered an ‘injury-in-fact’ to a legally-protected interest that is both ‘concrete and particularized’ and ‘actual and imminent,’ as opposed to ‘conjectural’ or ‘hypothetical.’ ” LSO, Ltd, v. Stroh, 205 F.3d 1146, 1152 (9th Cir.2000) (citation omitted). Second, APORPMA “must show a causal connection between the injury and the conduct complained of.” Id. at 1153 . Third, APORPMA must show that it is “ ‘likely’not merely speculative-that [their] injury will be ‘redressed by a favorable decision.’ ” Id. (citation omitted).

APORPMA has cited a number of incidents in which they allege the Suquamish tribe has unlawfully exercised jurisdiction…