Arthur West v. Loretta E. Lynch
2017 U.S. App. LEXIS 814
| D.C. Cir. | 2017Background
- Washington legalized medical marijuana in 1998 and recreational marijuana by ballot initiative I-502 in 2012; I-502 created a licensed commercial market for adult use.
- The federal Controlled Substances Act (CSA) makes marijuana distribution and manufacture a federal crime despite state laws.
- In 2013 Deputy AG James Cole issued the Cole Memorandum advising federal prosecutors to generally defer to state regulatory systems and prioritize federal enforcement only where federal interests (e.g., violence, interstate trafficking, distribution to minors, federal property) were implicated.
- Arthur West, a Washington resident and medical marijuana user, sued federal and state officials claiming the Cole Memorandum unconstitutionally commandeers state officers and violates NEPA by failing to prepare an environmental impact statement; he sought to void the memorandum and compel NEPA compliance.
- The district court dismissed for lack of standing; the D.C. Circuit affirmed, holding West failed to show his alleged injuries were fairly traceable to the memorandum or likely to be redressed by vacatur or other relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Article III standing for commandeering claim | West: the Cole Memo commandeers state officials and increases recreational marijuana harms (park degradation, crime) and restricts medical access | Defs: Memo is nonbinding guidance to federal prosecutors; West’s asserted harms stem from state law and third-party conduct, not the Memo | No standing — West failed to show redressability; vacating Memo would not likely remedy injuries |
| Standing for NEPA claim (causation) | West: agency action (issuance of Memo) was a "major federal action" requiring an EIS regarding environmental impacts of wider marijuana availability | Defs: The Memo is guidance to prosecutors, issued after I-502; causal chain to environmental harms is speculative and state law is the more direct cause | No standing — West failed to show a causal connection between the Memo and his alleged environmental injuries |
| Redressability of requested relief | West: declaring Memo void and ordering NEPA compliance would address increased recreational use and medical access issues | Defs: Even vacated Memo would not compel prosecutors to change charging priorities or force state law changes; prosecutorial discretion is independent | Held: Redressability lacking because relief would depend on speculative actions by independent third parties (prosecutors, state actors) |
| Justiciability of prosecutorial-policy challenges | West: courts can review the Memo as federal action that affects private rights | Defs: Prosecutorial charging decisions are committed to executive discretion and largely non-justiciable | Held: Court declined to assume vacatur would change prosecutorial behavior; prosecutorial discretion and independent third-party actions render remedy speculative |
Key Cases Cited
- Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83 (jurisdictional standing requirement) (court must resolve standing before merits)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing requires concrete injury, traceability, redressability)
- Clapper v. Amnesty Int’l USA, 568 U.S. 398 (speculative chains of future events do not satisfy causation/redressability)
- Heckler v. Chaney, 470 U.S. 821 (prosecutorial discretion generally not subject to judicial review)
- Allen v. Wright, 468 U.S. 737 (distinguishing causation from redressability)
- Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26 (conjectural relief insufficient for standing)
- Arpaio v. Obama, 797 F.3d 11 (D.C. Cir.) (standing analysis and treatment of speculative chains)
- Nat’l Wrestling Coaches Ass’n v. Dep’t of Educ., 366 F.3d 930 (standing fails where vacatur would not change behavior of independent actors)
- City of Dania Beach v. FAA, 485 F.3d 1181 (NEPA plaintiffs may not need full redressability but must show causal connection between action and injury)