ARRA Energy Co. I v. United States

OPINION

BUSH, Judge.

Now pending before the court is defendant’s motion to dismiss, which has been fully briefed and is ripe for a decision by the court. Because the court concludes that it has *14subject matter jurisdiction over both counts of plaintiffs’ complaint, defendant’s motion to dismiss those counts pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC) is denied. However, the court also holds that Count II of the complaint fails to state a claim upon which relief can be granted and must be dismissed under RCFC 12(b)(6). For those reasons, defendant’s…