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._... IDS PAGE 2/36 <br />r <br />the: threatened wetlands. <br />~uRrsDrcTrQv~Arro vENUE <br />2. This Court has jurisdiction over this action under 28 <br />II.S_C. § 1331 (federal question) and 5 U.S.C. §§ 701-706, and 16 <br />U.S.C. § 1540 (g)(1)(A) (citizen's suit provision of the ESA). <br />Pursuant to 16 U.S.C. § 1540(8)(2), Plaintiff has provided <br />Defendant DOE with notice of intent to sue for violations of <br />sections ~(a)(1), 7(a)(2), and 9(a)il) of the ESA more than 60 <br />days: prior to commencing this action. A true and correct copy is <br />ac[ached as Exhibit 1. <br />3. Venue is proper in Che District Court for the District <br />of Colorado pursuant to 28 U.S.C. 1391(e). <br />PARTIES <br />4. Plaintiff SIERRA CLUB is a nonprofit corporation <br />dedicated to protecting the environment with approximately <br />600,000 members nationwide. Several Sierra Club members live <br />adjacent to the Rocky Flats Environmental Technology Site, a <br />former nuclear weapons factory north of Golden, Colorado. other <br />Sierra Club members live in the nearby Denver metropolitan area. <br />These members have aesthetic, conservation, educational, <br />scientific, moral, spiritual, and recreational interests in <br />protecting the Rocky Flat$ Buffer zone (°Buffer Zone"), a large, <br />uadis.urbed open-space surrounding the former weapons factory_ <br />The Stiffer Zone contains rare habitats, plants, and animals. <br />These species and habitats are important to Sierra Clvb members. <br />Sierra Club members have used, and will continue to use, the <br />Second Alurndod Complaint <br />2 <br />