Oregon Natural Desert Ass'n v. Lohn

U.S. Court of Appeals for the Ninth Circuit January 12, 2009

Oregon Natural Desert Ass'n v. Lohn, 308 F. App'x 102 (9th Cir. 2009)

Opinion of the Court

The underlying dispute in this case is moot, including the Appellants’ challenge to the denial of their motion to intervene. We dismiss the appeal and remand to the district court with instructions to vacate its opinion of April 17, 2007, 485 F.Supp.2d 1190.

Each party shall bear its own costs on appeal.

Appeal DISMISSED and case REMANDED with instructions.

Reference

Full Case Name: OREGON NATURAL DESERT ASSOCIATION Center for Biological Diversity v. D. Robert LOHN, Regional Administrator, Natl Marine Fisheries Service National Marine Fisheries Services Carlos M. Gutierrez, Secretary, U.S. Department of Commerce David R. Allen, Regional Director, U.S. Fish & Wildlife Service Gary S. Miller, Field Supervisor, U.S. Fish Wildlife Service Dirk Kempthorne, Secretary, U.S. Department of Interior United States Fish and Wildlife Service, and Robert L. Brooks Kenneth R. Brooks Crum Farming, Inc. Jerome P. McElligott Matthew C. McElligott McElligott Joint Trust Bud McGirr Vaughan Ranch, Inc. Rocky Bluff Ranch Peter McElligott, Defendant-intervenors-Appellants
Status: Published