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Natural Resources Defense Council v. U.S. Dep't of Energy

Refusal to Transfer Challenge to Agency's Administrative Stay to Seventh Circuit Explained

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OPINION

*1  Defendant U.S. Department of Energy (“DOE” or the “Defendant”) has moved pursuant to 28 U.S.C. §§1631 and 1404(a) to transfer this action brought by Plaintiff Natural Resources Defense Council (“NRDC” or the “Plaintiff”) to the United States Court of Appeals for the Seventh Circuit.1 Plaintiff brings this action to challenge the DOE’s issuance of an administrative stay (the “Administrative Stay”) of two provisions of an agency-promulgated rule (the “Test Procedures Rule” or the “Rule”), which postponed the provisions’ effective date pending the outcome of a proceeding before the Seventh Circuit. Defendant now brings this motion to transfer the present action to the Seventh Circuit on the basis that this Court lacks the jurisdiction to decide the matter as it impinges upon the Seventh Circuit’s exclusive jurisdiction. Based on the facts and conclusions set forth below, the Defendant’s motion to transfer is denied.*2

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