Case 1:17-cv-02316-NYW Document 24 Filed 12/03/17 USDC Colorado Page 1 of 4 1 2 3 4 5 6 7 JASON FLORES-WILLIAMS LAW OFFICE OF JASON FLORES-WILLIAMS 1851 BASSETT, STE 509 DENVER, CO 80202 303-514-4524 JFW@JFWLAW.NET Attorney for Plaintiff 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF COLORADO 10 11 12 THE COLORADO RIVER ECOSYSTEM, 13 a/n/f 14 15 DEEP GREEN RESISTANCE, THE 16 SOUTHWEST COALITION, 17 DEANNA MEYER, JENNIFER 18 MURNAN, FRED GIBSON, SUSAN 19 HYATT, WILL FALK; OWEN 20 LAMMERS, individually as the Living 21 22 23 24 Rivers Executive Director; and JOHN WEISHEIT, individually as the “Colorado Riverkeeper”, Plaintiff, 25 26 Case No.: 17cv02316 – NYW vs. 27 28 MOTION TO DISMISS - 1 UNOPPOSED MOTION TO DISMISS AMENDED COMPLAINT WITH PREJUDICE Case 1:17-cv-02316-NYW Document 24 Filed 12/03/17 USDC Colorado Page 2 of 4 1 STATE OF COLORADO, JOHN W. 2 3 4 5 6 7 HICKENLOOPER, in his Official Capacity as Governor of the State of Colorado; Defendant. 8 9 MOTION 10 11 COMES NOW Plaintiff Colorado River Ecosystem, by and through undersigned counsel, and 12 respectfully moves this Honorable Court to dismiss the Amended Complaint with prejudice, 13 based on the following: 14 15 1. Plaintiff filed the Complaint [Doc. 1] with this Court on September 25, 2017. 16 17 18 19 20 21 2. The State of Colorado filed a Motion To Dismiss for Lack of Jurisdiction on October 17, 2017. [Doc. 10]. 3. All parties consented to the Magistrate jurisdiction of Honorable Nina Y. Wang on October 25, 2017. [Doc. 15]. 4. Plaintiff filed an Amended Complaint Pursuant to D.C.COLO.LCIV. R 15.1(A) on 22 23 24 25 26 27 November 3, 2017. [Doc. 17]. 5. The State of Colorado filed Motion to Dismiss Amended Complaint for Lack of Jurisdiction on December 1, 2017. [Doc. 23]. 6. The Complaint represented a good faith attempt to introduce the Rights of Nature doctrine to our jurisprudence. The rights of nature—specifically, the legal standing of 28 MOTION TO DISMISS - 2 Case 1:17-cv-02316-NYW Document 24 Filed 12/03/17 USDC Colorado Page 3 of 4 1 natural entities—was first recognized by the Honorable William O. Douglas in his dissent 2 in Sierra Club v. Morton and is being increasingly utilized as a legal doctrine by 3 countries around the world. 1 4 7. The undersigned continues to believe that the doctrine provides American courts with a 5 6 pragmatic and workable tool for addressing environmental degradation and the current 7 issues facing the Colorado River. 8 8. That said, the expansion of rights is a difficult and legally complex matter. When 9 engaged in an effort of first impression, the undersigned has a heightened ethical duty to 10 continuously ensure that conditions are appropriate for our judicial institution to best 11 consider the merits of a new canon. 12 9. After respectful conferral with opposing counsel per D.C.COLO.LCivR 7.1(A), Plaintiff 13 14 respectfully moves this Honorable Court to dismiss the Amended Complaint with 15 prejudice. 16 17 18 Respectfully submitted this the 3rd day of December 2017, s/Jason Flores-Williams, Esq. Counsel for Plaintiff Phone: 303-514-4524 Email: Jfw@jfwlaw.net 1851 Bassett St. #509 Denver, Colorado 80202 19 20 21 22 23 24 25 26 27 28 1 405 U.S. 727 (1972). MOTION TO DISMISS - 3 Case 1:17-cv-02316-NYW Document 24 Filed 12/03/17 USDC Colorado Page 4 of 4 CERTIFICATE OF SERVICE 1 2 I hereby certify that I filed electronically the above Pleading via the CM ECF system causing it 3 to be served upon opposing counsel 12/3/17. 4 s/Jason Flores-Williams 5 6 Attorney For Plaintiff 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION TO DISMISS - 4