Challenge v. Moniz

218 F. Supp. 3d 1171, 2016 U.S. Dist. LEXIS 162235, 2016 WL 6902416
CourtDistrict Court, E.D. Washington
DecidedNovember 3, 2016
DocketNO: 4:15-CV-5086-TOR
StatusPublished
Cited by1 cases

This text of 218 F. Supp. 3d 1171 (Challenge v. Moniz) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Challenge v. Moniz, 218 F. Supp. 3d 1171, 2016 U.S. Dist. LEXIS 162235, 2016 WL 6902416 (E.D. Wash. 2016).

Opinion

ORDER DENYING MOTION FOR JUDGMENT ON THE PLEADINGS

THOMAS 0. RICE, Chief United States District Judge

BEFORE THE COURT is the United States Department of Energy and Secretary Ernest J. Moniz’s Motion for Judgment on the Pleadings (ECF No. 110). This matter was heard with oral argument on October 12,2016.

Meredith A. Crafton, Richard Webster, Richard A. Smith, and Blythe H. Chandler appeared on behalf of Plaintiffs Hanford Challenge and United Association of Plumbers and Steamfitters Local Union 698. John A. Level, Kelly T. Wood, and William R. Sherman appeared on behalf of Plaintiff State of Washington. Elizabeth B. Dawson, Mark A. Nitczynski,. and Sheila A. Baynes appeared on behalf of Defendants United States Department of Energy and Secretary Ernest J. Moniz. J. Chad Mitchell, Maureen L. Mitchell, and Stephen B. Cherry appeared on behalf of Defendant Washington River Protection Solutions, LLC. The Court has reviewed the briefing and the complete file, heard from counsel, and is fully informed.

BACKGROUND

This is a consolidated action brought under the citizen suit provision of the Solid Waste Disposal Act, § 7002(a)(1)(B), amended as the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6972(a)(1)(B).

Plaintiffs Hanford Challenge and United Association of Plumbers and Steamfitters Local Union 598 (collectively, “Citizen Plaintiffs”) filed a Complaint against Defendants United States Department of Energy and Secretary Ernest J. Moniz (“DOE”) and Washington River Protection Solutions, LLC (“WRPS”) (collectively, “Defendants”) on September 2, 2015, in Hanford Challenge and United Association of Plumbers and Steamfitters Local Union 598 v. Ernest Moniz, et al., 4:15-CV-5086-TOR, see ECF No. 1. That same day, Plaintiff State of Washington (“State”) filed a similar action against the same defendants in State of Washington v. [1176]*1176Ernest Moniz, et al., 4:15-CV-5087-TOR, see ECF No. 1. The parties to both actions filed a Joint Motion to Consolidate which the Court granted and consolidated the actions as 4:15-CV-5086-TOR on January 22, 2016. See ECF Nos. 33, 35 in Case No. 4:15-CV-5086-TOR.

Generally, Citizen Plaintiffs and the State (collectively, “Plaintiffs”) allege that Defendants past and present storage, handling, and treatment of hazardous waste at the Hanford Nuclear Site present an imminent and substantial endangerment to human health or the environment. See ECF No. 1 in Case No. 4:15-CV-5086-TOR; ECF No. 1 in Case No. 4:15-CV-5087-TOR. Plaintiffs seek declaratory and in-junctive relief directing Defendants to modify their practices and institute protective measures to avert peril to Hanford site workers.

On August 23, 2016, the DOE filed the instant motion for judgment on the pleadings regarding all claims asserted in the State’s Complaint (ECF No. 1 in Case No. 4:15-CV-5087-TOR), arguing that the State lacks standing as parens patriae and has failed to demonstrate standing based on any alleged injuries to itself, sufficient to satisfy Article III. ECF No. 110. The DOE asks this Court to dismiss the State’s Complaint for lack of subject matter jurisdiction. Id. Defendant WRPS joins in the DOE’s motion only as to the DOE’s arguments regarding the States’ alleged failure to assert an injury to a sufficiently substantial portion of its population and lack of Article III standing. ECF No. 111. The State argues that it is not barred by prudential limits on parens patriae suits because Congress explicitly authorizes the State to sue the United States under the RCRA to vindicate its broad, public interest. See ECF No. 112 at 2-3. In the alternative, the State argues that it has standing because Citizen Plaintiffs’ uncontested standing satisfies the State’s Article III requirement. Id.

DISCUSSION

A. Standard of Review

Motions for judgment on the pleadings are governed by Federal Rule of Civil Procedure 12(c). Rule 12(c) provides that a party may move for judgment on the pleadings “[ajfter the pleadings are closed[,j but early enough not to delay trial.” Fed. R. Civ. P. 12(c). This standard is “functionally identical” to the standard applicable to a Rule 12(b) motion. See, e.g., Cafasso, United States ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1055 n.4 (9th Cir. 2011) (equating the standard for deciding a Rule 12(c) motion as the same as a Rule 12(b)(6) motion); Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (noting that “the same standard of review applicable to a Rule 12(b) motion applies to its Rule 12(c) analog”).

A party may object to subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) at any stage in the litigation. See also Fed. R. Civ. P. 12(h)(3). Rule 12(h)(3) instructs that if the court determines at any time that it lacks jurisdiction of the subject matter, the court shall dismiss the action. To that end, a party may object to subject matter jurisdiction either facially or factually. Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004) “In a facial attack, the challenger asserts that the allegations contained in a complaint are insufficient on their face to invoke federal jurisdiction. By contrast, in a factual attack, the challenger disputes the truth of the allegations that, by themselves, would otherwise invoke federal jurisdiction.” Id.

Here, Defendants facially challenge the State’s complaint, alleging that the [1177]*1177State lacks standing under the parens pat-riae doctrine and Article III. Thus, the Court must draw all reasonable inferences in favor of the State and accept the States’ factual allegations as true. See Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004).

B. Whether the State is Authorized to Sue the United States

It is well settled that standing “involves both constitutional limitations on federal-court jurisdiction and prudential limitations on its exercise.” Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). That is, in addition to Article III standing requirements, federal jurisdiction may also be limited by certain prudential limitations. Bennett v. Spear, 520 U.S. 154, 162, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997). These limitations are characterized as “judicially self-imposed limits on the exercise of federal jurisdiction” which Congress may abrogate when it enacts a statute to authorize a private cause of action. Id. (quoting Allen v. Wright, 468 U.S.

Related

Aziz v. Trump
231 F. Supp. 3d 23 (E.D. Virginia, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
218 F. Supp. 3d 1171, 2016 U.S. Dist. LEXIS 162235, 2016 WL 6902416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/challenge-v-moniz-waed-2016.