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NATURAL RESOURCES DEFENSE v. U.S. DEPT. OF ENERGY

17 Civ. 6989.

362 F.Supp.3d 126 (2019)

NATURAL RESOURCES DEFENSE COUNCIL, Plaintiff, v. U.S. DEPARTMENT OF ENERGY, Defendant.

United States District Court, S.D. New York.

Signed February 22, 2019.

Editors Note
Applicable Law: 05 U.S.C. § 702
Cause: 05 U.S.C. § 702 Administrative Procedure Act
Nature of Suit: 899 Other Statutes: Administrative Procedures Act / Review or Appeal of Agency Decision
Source: PACER

Attorney(s) appearing for the Case

Attorneys for Plaintiff, DEMOCRACY FORWARD FOUNDATION, 1333 H Street, NW — 11th Floor, Washington, DC 20005, By: Javier M. Guzman, Esq., Jeffrey B. Dubner, Esq.

Attorneys for Defendant, U.S. ATTORNEY'S OFFICE, S.D.N.Y., 86 Chambers Street, 3rd Floor, New York, NY 10007, By: Talia Kraemer, Esq.

OPINION

There are four motions pending in this action involving significant issues of administrative law and judicial review. The defendant, the Department of Energy ("DOE" or the "Defendant") has moved pursuant to Rules 12(b)(1) and 56 of the Federal Rules of Civil Procedure to dismiss the amended complaint ("AC") of plaintiff...

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