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Republic of Marsh. Islands v. United States

United States District Court, N.D. California

February 3, 2015

THE REPUBLIC OF THE MARSHALL ISLANDS, Plaintiff,
v.
THE UNITED STATES OF AMERICA, ET AL., Defendants

Page 1069

For The Republic of the Marshall Islands, a non-nuclear-weapon State party to Treaty on the Non, Proliferation of Nuclear Weapons, Plaintiff: Juli E. Farris, LEAD ATTORNEY, Keller Rohrback LLP, Seattle, WA; Alison Elizabeth Chase, Attorney at Law, Keller Rohrback L.L.P., Phoenix, AZ; Gary A. Gotto, PRO HAC VICE, Attorney at Law, Phoenix, AZ; Laurie B. Ashton, Lynn Lincoln Sarko, PRO HAC VICE, Keller Rohrback, L.L.P., Phoenix, AR.

For President Barack Obama, The President of the United States of America, Secretary of Defense Charles Hagel, The Secretary of Defense, Secretary of Energy Ernest Moniz, The Secretary of Energy, The National Nuclear Security Administration, The Department of Defense, The Department of Energy, The United States of America, Defendants: Eric Richardson Womack, LEAD ATTORNEY, U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, DC; Samuel M Singer, LEAD ATTORNEY, Department of Justice, Civil Division, Federal Programs Branch, Washington, DC.

For Tri-Valley Cares, Amicus: Scott Justin Yundt, Tri-Valley CARES, Livermore, CA.

For Nuclear Watch New Mexico, Amicus: Andrea Renee St. Julian, LEAD ATTORNEY, Andrea R. St. Julian, San Diego, CA.

For Physicians for Social Responsibility, Pax Christi International, Amici: Daniel Upham Smith, LEAD ATTORNEY, San Francisco, CA.

Page 1070

ORDER GRANTING MOTION TO DISMISS

JEFFREY S. WHITE, UNITED STATES DISTRICT JUDGE.

The Republic of the Marshall Islands (" Plaintiff" ) filed a complaint alleging breach of the Treaty on the Non-Proliferation of Nuclear Weapons (" Treaty" ) against the United States of America, the President, the Department of Defense and its Secretary, the Department of Energy and its Secretary, and the National Nuclear Security Administration (collectively, " Defendants" ). Plaintiff contends Defendants are in violation of their obligations under the Treaty to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race. Defendants move for dismissal on several independent bases. The Court GRANTS Defendants' motion to dismiss.

BACKGROUND

Plaintiff alleges that the United States has breached its obligations under Article VI of the Treaty by allegedly failing to pursue negotiations in good faith on effective measures for nuclear disarmament.

Article VI of the Treaty provides:

Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty in general and complete disarmament under strict and effective international control.

According to the Report accompanying the Senate's resolution of advice and consent to ratification, the Treaty's " fundamental purpose is to slow the spread of nuclear weapons by prohibiting the nuclear weapon states which are party to the treaty from transferring nuclear weapons to others, and by barring the nonnuclear-weapon countries from receiving, ...


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