February 16, 2017
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.