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California

The Latest On: California

March 7, 2017 | Legal Document

California Sea Urchin Commission v. Michael Bean Order regarding Cross Motions for Summary Judgement

Plaintiffs are four trade groups representing fishermen who fish near San Nicolas Island. They ask the Court to hold unlawful and set aside action of the Fish and Wildlife Service (“FWS”) which, among other things, eliminated a regulation immunizing fishermen who accidentally harm California sea otters in this area. Intervenor- Defendants are seven non-profit organizations that share an affinity for marine mustelids. On November 11, 2016, Plaintiffs filed a motion for summary judgment. On December 16, 2016, the FWS and Intervenor-Defendants filed cross-motions.

February 16, 2017 | Legal Document

Oakland Coal Export Ban Challenge Motion to Dismiss

pursuant to Civil Local Rule 7-2, that on April 20, 2017, at 10:00 a.m., or as soon thereafter as the matter may be heard, in the courtroom of the Honorable Vince Chhabria, at the United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102, Sierra Club and San Francisco Baykeeper, by counsel, will move the Court for an order dismissing two Commerce Clause claims filed by Plaintiff Oakland Bulk & Oversized Terminal, LLC.

February 16, 2017 | Legal Document

Oakland Coal Ban Challenge Motion to Intervene

Pursuant to Federal Rule of Civil Procedure 12(b)(6), Sierra Club and San Francisco Baykeeper respectfully move to dismiss two of the claims embedded within OBOT’s First Claim for Relief, namely, that Oakland Ordinance No. 13385 and Resolution No. 86234 violate the Commerce Clause of the U.S. Constitution by (1) discriminating against out-of-state interests in favor of local ones; and (2) imposing an undue burden on interstate commerce. (Proposed) Defendant-Intervenors make this motion on the ground that as a matter of law, the facts alleged in the Complaint, judicially noticeable facts, and the plain language of the Ordinance and Resolution do not support viable claims by OBOT. Accordingly, this Motion seeks an order dismissing with prejudice the Commerce Clause discrimination and undue burden claims alleged within OBOT’s First Claim for Relief.
January 27, 2017 | In the News: Courthouse News

Greens Fight to Protect Coastal Marten

Greg Loarie, Staff Attorney, Earthjustice: “In California, populations are declining to such an extent, that if the service waits until it has evidence that it’s down to 50 we won’t be in court anymore, because frankly, there won’t be anything that can be done.”

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