Skip to content
The Climate Litigation Database
Collection

Center for Biological Diversity v. U.S. Department of State

Center for Biological Diversity v. U.S. Department of State ↗

1:18-cv-00563D.D.C.10 entries
Filing Date
Type
Action Taken
Document
Summary
06/12/2019
Decision
Motion to partially dismiss granted.
View
The federal district court in the District of Columbia again dismissed claims seeking to compel the U.S. Department of State to comply with reporting obligations under the United Nations Framework Convention on Climate Change (UNFCCC). The U.S. failed to submit two reports—a “National Communication” and a “Biennial Report”—by a January 2018 deadline. The court found that the plaintiff, Center for Biological Diversity, did not have standing based on informational injury because the UNFCCC did not impose a disclosure obligation either directly on the U.S. or indirectly through a UN disclosure obligation. The court previously dismissed the lawsuit without prejudice in November 2018 for lack of standing.
12/21/2018
Motion To Dismiss
Memorandum filed in support of federal defendants' motion to partially dismiss second amended complaint.
View
–
12/07/2018
Complaint
Second amended complaint filed.
View
–
11/08/2018
Decision
Claims dismissed for lack of standing; leave to amend permitted.
View
The federal district court for the District of Columbia ruled that the Center for Biological Diversity (CBD) lacked standing to compel the federal government to submit reports required by the United Nations Framework Convention on Climate Change (UNFCCC). The reports—the “national communication” and the “biennial report”—were required to be produced by January 1, 2018. The court found that CBD had not asserted an “informational injury” because it had not alleged that the UNFCCC reports were required to be made publicly available. The court also found that CBD had not succeeded in alleging an “organizational injury” based on the impact of the missed deadline on CBD’s educational and advocacy efforts. The court said CBD had made no allegation that it used its resources to counteract any harm to its interests. The court allowed CBD until December 10, 2018 to amend the complaint.