Citizens Coal Council v. Matt Canestrale Contracting, Inc.

40 F. Supp. 3d 632, 2014 U.S. Dist. LEXIS 116829, 2014 WL 4197394
CourtDistrict Court, W.D. Pennsylvania
DecidedAugust 22, 2014
DocketCivil Action No. 13-896
StatusPublished
Cited by7 cases

This text of 40 F. Supp. 3d 632 (Citizens Coal Council v. Matt Canestrale Contracting, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens Coal Council v. Matt Canestrale Contracting, Inc., 40 F. Supp. 3d 632, 2014 U.S. Dist. LEXIS 116829, 2014 WL 4197394 (W.D. Pa. 2014).

Opinion

OPINION

LENIHAN, United States Chief Magistrate Judge.

Currently pending before the Court for disposition is the Motion to Dismiss filed by Defendant, Matt Canestrale Contracting, Inc. (“MCC”), pursuant to Rule 12(b)(1) (ECF No. 59), challenging Plaintiffs standing to bring this lawsuit. For the reasons that follow, the Court will deny Defendant’s motion to dismiss.

I. LEGAL STANDARD—MOTION TO DISMISS UNDER RULE 12(b)(1)

MCC has moved to dismiss the Amended Complaint pursuant to Rule 12(b)(1) for lack of standing. “A motion to dismiss for want of standing is ... properly brought pursuant to Rule 12(b)(1), because standing is a jurisdictional matter.” Ballentine v. United States, 486 F.3d 806, 810 (3d Cir.2007) (citations omitted). The standard applied by the Court in reviewing a 12(b)(1) motion depends on whether the motion presents a “facial” or a “factual” attack on the- issue presented. In re Sobering Plough Corp. Intron/Temodar [634]*634Consumer Class Action, 678 F.3d 235, 243 (3d Cir.2012) (citing Mortensen v. First Fed. Sav. & Loan Ass’n, 549 F.2d 884, 891 (3d Cir.1977)).

In a facial attack, which is usually made before an answer is filed or the factual allegations of the complaint are otherwise contested, the moving party is arguing that the claim, on its face, is insufficient to invoke the subject matter jurisdiction of the court. Constitution Party of Pa. v. Aichele, 757 F.3d 347, 357-58 (3d Cir.2014). In other words, “a facial attack requires the district court to apply the same standard of review it would employ in considering a motion to dismiss under Rule 12(b)(6), i.e., construing the alleged facts in favor of the nonmoving party.” Id. (citing In re Sobering Plough Corp., 678 F.3d at 243). On the other hand, a factual attack argues “that there is no subject matter jurisdiction because the facts of the case—and here the District Court may look beyond the pleadings to ascertain the facts—do not support the asserted jurisdiction.” Id. Thus, “a facial attack contests the sufficiency of the pleadings, whereas a factual attack concerns the. actual failure of a [plaintiffs] claims to comport [factually] with the jurisdictional prerequisites.” Id. (quoting In re Schering Plough Corp., 678 F.3d at 243; CNA v. United States, 535 F.3d 132, 139 (3d Cir.2008)) (internal quotation marks omitted) (alterations in original). Although not specifically stated in its motion or supporting brief, MCC appears to be making a factual challenge, as the motion was filed after the close of discovery and is based on evidence beyond the Amended Complaint and the documents attached thereto.

As to who bears the burden of proof regarding standing, the court of appeals explained:

On a motion to dismiss for lack of standing, the plaintiff “ ‘bears the burden of establishing’ the elements of standing, and ‘each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation.’” FOCUS v. Allegheny County Court of Common Pleas, 75 F.3d 834, 838 (3d Cir.1996) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). However, “general factual allegations of injury resulting from the defendant’s conduct may suffice.” Lujan, 504 U.S. at 561, 112 S.Ct. 2130.

Ballentine, 486 F.3d at 810.

II. RELEVANT FACTUAL BACKGROUND & PROCEDURAL HISTORY1

This lawsuit arises out of MCC’s efforts to reclaim the 360 acre, LaBelle coal refuse disposal site located in Luzerne Township, Fayette County, Pennsylvania (the “Site”), using coal combustion by-products (“CCBs”) certified by the Pennsylvania Department of Environmental Resources (“DEP”) for beneficial use. The reclamation is being done for the purpose of capping and otherwise stabilizing the Site to mitigate geotechnical instability (landslide) and to abate existing water pollution. MCC acquired the Site out of the LaBelle Processing, Inc. bankruptcy in 1997 under a Consent Order and Agreement approved by the bankruptcy court.

CCC, a Pennsylvania non-profit corporation, “is a national alliance of social and environmental justice grassroots groups and individuals” whose mission is “to protect communities affected by the mining, processing, and burning of coal through [635]*635advocating enforcement and strengthening of environmental laws as it relates to coal.” Bylaws of CCC, Art. II (eff. 9/11/07)2 (“2007 Bylaws”), ECF No. 60-2 at 1. The purpose of CCC, as stated in the 2007 Bylaws, is to provide “a central organization and office for the sharing and dissemination of relevant information to all member groups and individuals, ... a coordinated voice for communication with legislatures and governmental agencies that regulate mining, processing and burning of coal,” and “active assistance to new and existing community groups.” 2007 Bylaws, Art. III.

The 2007 Bylaws set forth four categories of membership: (1) Member Organizations; (2) Associate Member Organizations; (3) Individual Members; and (4) Alliance Groups. Id., Art. IV. Member Organizations are the primary membership category for CCC, and each organization is entitled to elect a qualified delegate to the Coordinating Committee of CCC. Id., Art. IV, § IV.l. Associate Member Organizations are also entitled to elect a qualified delegate to serve on the Coordinating Committee. Id., Art. IV, § IV.2. Individual Members do not have voting rights unless elected to an at-large position of the Coordinating Committee, but may serve on standing, ad hoc and issues committees. Id., Art. TV, § IV.3. Alliance Groups also have no voting rights but may serve on issue committees. Id., Art. IV, § IV.4.

CCC is governed by its board of directors, referred to the “Coordinating Committee” in its 2007 Bylaws. The Coordinating Committee is comprised of one qualified delegate elected by each of the Member Organizations and Associate Member Organizations of CCC and, the five at large delegates elected by the Coordinating Committee. Id., Art. V & § V.l. Member Organizations and the Coordinating Committee may nominate individuals for the at-large positions on the Coordinating Committee. Id. at § V.5. The five at-large delegates are elected by a majority vote of the delegates on the Coordinating Committee in even-numbered years, and must have “qualifications and expertise deemed important to advance CCC’s mission.” Id., Art. V, §§ V.l & V.5.

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40 F. Supp. 3d 632, 2014 U.S. Dist. LEXIS 116829, 2014 WL 4197394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-coal-council-v-matt-canestrale-contracting-inc-pawd-2014.