(1 of 7) Case: 17-73283, 01/23/2020, ID: 11571368, DktEntry: 88-1, Page 1 of 3 NOT FOR PUBLICATION FILED JAN 23 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS GREENLINING INSTITUTE; et al., No. 17-73283 Petitioners, FCC No. 17-154 v. MEMORANDUM* FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF AMERICA, Respondents, ______________________________ USTELECOM-THE BROADBAND ASSOCIATION, Intervenor. On Petition for Review of an Order of the Federal Communications Commission Argued and Submitted August 27, 2019 Seattle, Washington Before: McKEOWN and BYBEE, Circuit Judges, and GAITAN,** District Judge. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri, sitting by designation. (2 of 7) Case: 17-73283, 01/23/2020, ID: 11571368, DktEntry: 88-1, Page 2 of 3 The Greenlining Institute, Public Knowledge, The Utility Reform Network, and the National Association of State Utility Consumer Advocates (collectively,  Petitioners ) seek review of a November 2017 order and declaratory ruling issued by the Federal Communications Commission. The parties are familiar with the facts, so we do not repeat them here. We have jurisdiction under 47 U.S.C. § 402 and 28 U.S.C. § 2342(1), and deny the petition because Petitioners lack standing. At least one petitioner must have Article III standing for each of the challenges raised on appeal. See Town of Chester v. Laroe Estates, Inc., 137 S. Ct. 1645, 1650 51 (2017).  The party invoking federal jurisdiction bears the burden of establishing standing, which  must be supported in the same way as any other matter on which [that party] bears the burden of proof. Nw. Envtl. Def. Ctr. v. Bonneville Power Admin., 117 F.3d 1520, 1528 (9th Cir. 1997).  [A]n organization may establish  injury in fact if it can demonstrate: (1) frustration of its organizational mission; and (2) diversion of its resources to combat the particular conduct in question.  Am. Diabetes Ass'n v. U.S. Dep't of the Army, 938 F.3d 1147, 1154 (9th Cir. 2019) (quoting Smith v. Pac. Props. & Dev. Corp., 358 F.3d 1097, 1105 (9th Cir. 2004)). Petitioners offer no estimate of the resources that will be diverted as a result of the order, let alone  uncontradicted evidence that the proposed actions  required, and will continue to require, a diversion of resources, independent of expenses for this litigation, from their other 2 (3 of 7) Case: 17-73283, 01/23/2020, ID: 11571368, DktEntry: 88-1, Page 3 of 3 initiatives. E. Bay Sanctuary Covenant v. Trump, 932 F.3d 742, 766 (9th Cir. 2018). Petitioners accordingly lack independent standing. Petitioners have similarly failed to establish associational standing, which requires that one of their  members would otherwise have standing to sue in their own right, the interests at stake are germane to the organization's purpose, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 181 (2000). Although Petitioners purpose is germane to the interests at stake in this appeal, which does not require the participation of individual members, no member has demonstrated that  he or she  is immediately in danger of sustaining some direct injury as the result of the challenged official conduct and the injury or threat of injury is both real and immediate, not conjectural or hypothetical.  Scott v. Pasadena Unified Sch. Dist., 306 F.3d 646, 656 (9th Cir. 2002) (quoting City of L.A. v. Lyons, 461 U.S. 95, 102 (1983)). The Supreme Court has  repeatedly reiterated that  threatened injury must be certainly impending to constitute injury in fact, and that  [a]llegations of possible future injury are not sufficient. Clapper v. Amnesty Int'l USA, 568 U.S. 398, 409 (2013) (alteration in original) (citations omitted). Here, Petitioners demonstrate no such certain, impending harm. PETITION DENIED. 3