TuCARE and others who intervened on the Lockyer suit against the Federal Government, namely the Forest Service’s Sierra Nevada Framework, have reason to celebrate. On July 18th, the judge who had been assigned the case dismissed the Attorney General's lawsuit for lack of subject matter jurisdiction based on Lockyer's lack of standing to sue. Judge England found that Lockyer did not establish standing properly in his own right and that it is not enough to claim parens patriae in this instance because it is the United States, not Lockyer, which represents "the people." An action in parens patriae is one in which a state alleges injury to the health and well-being of the state's citizens or the state's being denied its rightful status in the federal system.
In addition, Judge England noted that Lockyer's "broad statements regarding the State's general interests" is simply not sufficient to establish a claim against the federal government. Furthermore, the AG "failed to allege any injuries that activities such as increased logging, grazing and other activities on federal forest lands would cause to resources owned by the State of California." Such allegations are necessary to move beyond the parens patriae doctrine.
While this is a thrilling victory for our side, it should be noted that Judge England did grant Lockyer leave to amend his complaint to assert something besides a parens patriae interest. It is almost certain that Lockyer will file an amended complaint, to which a response will be filed by CFA and all parties concerned. If you are interested in reading the actual court document, contact Melinda at the TuCARE office for an email version or a paper copy. |
