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BOARD00268
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Last modified
8/16/2009 2:48:00 PM
Creation date
10/4/2006 6:34:38 AM
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Board Meetings
Board Meeting Date
5/16/2006
Description
Report of the Attorney General
Board Meetings - Doc Type
Memo
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<br />,. <br /> <br />Defendant, the United States of America, and Defendant-Intervenor, Central Arizona Water . <br />Conservation District, moved to dismiss Counts 1-4 and 6-8 for lack of standing. <br />The Motions to Dismiss were granted. With respect to Claims 1-4, the court found that <br />the Plaintifflacked standing because the protections of the Fifth Amendment do not extend <br />to aliens outside the U.S. boundaries and the 1944 U.S.-Mexican Treaty does not provide <br />standing for individuals to bring suit. Counts 6-8 were also dismissed for lack of standing. <br />The court found that the Plaintiffs lacked organizational standing because no concrete and <br />demonstrable injury was alleged. In addition, the Plaintiffs lacked associational standing <br />because there was no allegation that at least one of their members suffered an injury in fact <br />fairly traceable to the alleged violations of various federal laws. <br />Count 5, which concerns allegations of violations ofNEPA and the APA is now the sole <br />remaining count. A hearing on this claim was held in April. <br /> <br />. <br /> <br />. <br /> <br />4 <br />
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