Center for Biological Diversity v. Hamilton

ORDER

CAMP, District Judge.

Pending before the Court is Defendants’ Motion to Dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) [# 3]. Plaintiffs bring this suit for Defendants’ alleged violations of the Endangered Species Act (“ESA”) and the Administrative Procedure Act (“APA”). The issues presented by Defendants’ motion to dismiss are whether Defendants are collaterally estopped from asserting a statute of limitations defense and, if not, whether Plaintiffs’ claims are barred by the statute of limitations. Upon review of the parties’ briefs and the oral arguments presented…