Conservation Law Foundation of New England, Inc. v. Harper

MEMORANDUM

CAFFREY, Chief Judge.

This is a civil action in which plaintiffs seek declaratory and injunctive relief for alleged violations of the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq. (“NEPA”), and of various other federal statutes. Plaintiffs invoke this Court’s jurisdiction under 28 U.S.C. §§ 1331, 1361 and 2201. The ease is now before the Court on defendants’ motion to dismiss.

For purposes of a motion to dismiss, all averments of the plaintiffs’ complaint are taken as true. Jenkins v. McKeithen, 395 U.S. 411, 421, 89 S.Ct. 1843, 1848, 23 L.Ed.2d 404 (1969); O’Brien v.…