Alliance for Clean Coal v. Bayh

Memorandum Entry Regarding Defendants’ Motion to Dismiss, Defendants’ Motion to Abstain and the Parties’ Cross-Motions for Summary Judgment

TINDER, District Judge.

This matter comes before the court on multiple motions. First, Defendants move to dismiss Plaintiffs case for lack of jurisdiction over the subject matter under Rule 12(b)(1) of the Federal Rules of Civil Procedure. Second, Defendants move the court to abstain from proceeding further in this case under the doctrine set forth in Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), or the doctrine stated in…