56 F. Supp. 3d 1110
N.D. Cal.2014Background
- Aspen fire in Sierra National Forest burned ~22,300 acres in Eastern District of California in July 2013.
- American fire burned ~22–28,000 acres in Tahoe National Forest in Eastern District in August 2013.
- Tahoe NP Forest public NEPA process for Big Hope Project; DN/FONSI signed June 26, 2014 by Quinn; DN/FONSI prepared in Placer/Nevada Counties (ED Cal).
- Sierra National Forest NEPA process for Aspen Project; DN/FONSI signed June 27, 2014 by Gould; EA prepared in Fresno County (ED Cal).
- Plaintiffs Earth Island Institute and Center for Biological Diversity allege NEPA/NFMA/APA violations; seek declarations, injunction, fees, and costs.
- Defendants move to sever claims and transfer venue to the Eastern District of California; Court grants transfer and denies severance without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue under § 1391(e)(1)(C)? | Plaintiffs reside in ED Cal; action does not involve real property. | Action involves land area; real property concept may apply. | Venue permissible in this district under § 1391(e)(1)(C). |
| Discretionary transfer under § 1404(a)? | Forum should remain due to plaintiff connections and local interest. | Transfer to ED Cal is warranted given events, parties, and local impacts. | Transfer to the Eastern District of California granted. |
| Sever motion viability? | Severing would aid case management; each project merits separate consideration. | Severance prudent for transferee court to manage case. | Sever motion denied without prejudice to renew in transferee court. |
Key Cases Cited
- NRDC v. TVA, 340 F. Supp. 400 (S.D.N.Y. 1971) (real property focus in venue analysis; expands 1391(e)(1)(C) interpretation)
- Ferguson v. Lieurance, 565 F. Supp. 1013 (D. Nev. 1983) (discusses real property interest in § 1391(e)(4) predecessor)
- CBD v. USBLM, 2009 WL 1025606 (N.D. Cal. 2009) (venue in land-related federal challenges (noting § 1391(e) scope))
- Envtl. Def. Fund, Inc. v. Corps of Engineers of U.S. Army, 325 F. Supp. 728 (E.D. Ark. 1971) (interpretation of venue liberalization in § 1391(e))
- Piper Aircraft v. Reyno, 454 U.S. 235 (1981) (forum choice and local interest in § 1404(a) analysis)
- Van Dusen v. Barrack, 376 U.S. 612 (1964) (basis for transfer decisions and appellate deference)