Northern California River Watch v. Honeywell Aerospace

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND VACATING HEARING

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this environmental action brought under the Resource Conservation and Recovery Act and the Clean Water Act, defendant moves to dismiss pursuant to FRCP 12(b)(1) and FRCP 12(b)(6). For the following reasons, defendant’s motion is Granted in Part and Denied in Part. The hearing is Vacated.

*763STATEMENT

Plaintiffs complaint alleges the following. Plaintiff is a non-profit corporation dedicated to protecting and restoring the waters of Northern California.…