Legal Opinion

Deschutes River Alliance v. Portland General Electric Co.

District Court, D. Oregon

Decided March 27, 2017No. Case No. 3:16-cv-1644-SIPublished

1Opinion of the Court

OPINION AND ORDER

Michael H. Simon, United States District Judge

Defendant Portland General Electric Company (“PGE”) moves to dismiss the Complaint brought by Plaintiff Deschutes River Alliance on the ground that the Court lacks subject matter jurisdiction. Oregon Department of Environmental Quality (“DEQ”) and Washington Department of Ecology appear as amici curiae (“Amici”). The Court denies PGE’s motion to dismiss.

STANDARDS

Federal courts are courts of limited jurisdiction. Gunn v. Minton, 568 U.S. 251, 133 S.Ct. 1059, 1064, 185 L.Ed.2d 72 (2013). As such, a court is to presume “that a cause…

2Cases cited29 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. United States v. CottonSupreme Court of the United States · 2002
  4. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  5. Gunn v. MintonSupreme Court of the United States · 2013

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