On February 26, 2018, the district court granted the government’s motion to dismiss, holding that Public Citizen, NRDC, and CWA had failed to establish that they had standing to bring the case. We then filed a motion for leave to file a second amended complaint, accompanied by ten additional declarations, to show our standing to pursue the case. The government did not oppose our motion, which was then granted.
The government then moved to dismiss, arguing that the plaintiffs lack standing to challenge the executive order, and we moved for partial summary judgment, asking the court to hold that the plaintiffs have standing. On February 8, 2019, the court denied the government’s motion and held that we have shown standing sufficient to defeat the motion to dismiss stage. In addition, however, the court also held that Public Citizen had not sufficiently shown enough to meet the standard of establishing standing at the summary judgment stage. The judge ordered that more factual development is needed on whether the Executive Order is delaying regulations, and thereby injuring our members by holding up public protections that would benefit them, to determine whether we can (finally) proceed to litigate the merits of the case.