Summary
The United States District Court for the Eastern District of California considers Plaintiffs’ motion for leave to file a second amended complaint challenging the Bureau of Land Management’s approval of oil and gas drilling permits. The court focuses on whether the proposed amendments would be futile because Plaintiffs allegedly lack Article III standing, including injury in fact, causation, and redressability. The document grants Plaintiffs’ motion for leave to file the second amended complaint.
Holdings
- Leave to amend should ordinarily be freely granted when justice so requires, and the court granted Plaintiffs leave to file the proposed second amended complaint.
- The proposed amendments were not futile because the declarations contained credible allegations of respiratory, recreational, and aesthetic injuries plausibly connected to the challenged drilling permits and potentially redressable by the requested relief.
- The proposed amendments were not futile on organizational-standing grounds because they alleged that the organizations' core activities and ability to participate in oil-and-gas decision-making were directly affected by the challenged conduct.
Questions Presented
- Whether Plaintiffs should be granted leave under Federal Rule of Civil Procedure 15(a) to file a second amended complaint.
- Whether the proposed amendments were futile because they failed to allege facts sufficient to establish Article III standing.
Disposition
other
Cases Cited (31)
- AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 951 (9th Cir. 2006)(followed)
- Chodos v. W. Publ'g Co., 292 F.3d 992, 1003 (9th Cir. 2002)(followed)
- Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990)(followed)
- Swanson v. United States Forest Service, 87 F.3d 339, 343 (9th Cir. 1996)(followed)
- United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981)(followed)
- Chudacoff v. University Medical Center, 649 F.3d 1143, 1152 (9th Cir. 2011)(followed)
- Nunes v. Ashcroft, 375 F.3d 805, 808 (9th Cir. 2004)(followed)
- Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995)(followed)
- Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003)(followed)
- Bowles v. Reade, 198 F.3d 752, 758 (9th Cir. 1999)(followed)
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Court Document
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