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COALITION FOR A SUSTAINABLE DELTA v. F.E.M.A.

No. 1:09-CV-2024 OWW DLB.

711 F.Supp.2d 1152 (2010)

COALITION FOR A SUSTAINABLE DELTA and Kern County Water Agency, Plaintiffs, v. FEDERAL EMERGENCY MANAGEMENT AGENCY and William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency, Defendants.

United States District Court, E.D. California.

May 10, 2010.

Attorney(s) appearing for the Case

Audrey M. Huang, Paul S. Weiland, Robert C. Horton, Nossaman LLP, Irvine, CA, Amelia Minaberrigarai, Kern County Water Agency, Bakersfield, CA, for Plaintiffs.

James A. Maysonett, Kevin William McArdle Ethan Carson Eddy, Wildlife & Marine Resources Section, Department of Justice, Washington, DC, for Defendants.

MEMORANDUM DECISION RE FEDERAL DEFENDANTS' MOTION TO DISMISS (DOC. 102)

OLIVER W. WANGER, District Judge.

I. INTRODUCTION

The Federal Emergency Management Agency and its Administrator, William C. Fugate ("FEMA" or "Federal Defendants") move to dismiss Counts 14, 15, and 161 of the Second Amended Complaint ("SAC") pursuant to Federal Rule of Civil Procedure 12(b)(1) on the grounds that Plaintiffs lack Article...

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