White
White v. United States Army Corps of Engineers
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SEAN K WHITE, Case No. 22-cv-06143-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. OR STAY
UNITED STATES ARMY CORPS OF Re: Dkt. No. 15 ENGINEERS, et al., 11 Defendants.
12 Plaintiff brings this lawsuit under the Endangered Species Act of 1973. He alleges Defendants failed to comply with that law and are unlawfully “taking” protected salmon species. Defendants move to dismiss, arguing Plaintiff’s claims are “prudentially moot” because the Army Corps have reinstituted the consultation process with the National Marine Fisheries Service. In the alternative, Defendants request the Court stay the matter pending that processes’ completion. After reviewing the papers submitted and having had the benefit of oral argument on March 2, 2023, the Court DENIES Defendants’ motion. A live controversy remains, and a stay is not warranted at this time. BACKGROUND I. Statutory Background The Endangered…