U.S. Court of Appeals for the Ninth Circuit, 2015

Black Mesa Water Coalition v. Sally Jewell

Black Mesa Water Coalition v. Sally Jewell
U.S. Court of Appeals for the Ninth Circuit · Decided August 7, 2015 · Gould, Watford, Oliver
797 F.3d 1185; 2015 U.S. App. LEXIS 13857; 2015 WL 4717010 (Federal Reporter, Third Series)

Counsel

Brad Arthur Bartlett, University of Denver Sturm School of Law Environmental Law Clinic, Denver, CO, Matt Kenna, Durango, CO, Walton Davis Morris, Jr., Morris Law Office PC, Charlottesville, VA, Howard M. Shanker, The Shanker Law Firm PLC, Tempe, AZ, for Plaintiffs-Appellants., Paul A. Bullís, Assistant U.S., USPX-Office of the U.S. Attorney, Phoenix, AZ, for Defendant-Appellee.

Black Mesa Water Coalition v. Sally Jewell

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Opinion

ORDER

The mandate that issued on March 23, 2015 is recalled. The parties’ joint motion to dismiss the appeal, CM-ECF 44, is GRANTED and the appeal is DISMISSED. Because a live controversy existed when we rendered our opinion, and its precedent may provide guidance to the involved agency or to parties or other panels in future cases, the panel exercises its discretion not to vacate the opinion filed January 26, 2015. U.S. Bancorp Mortgage Co. v. Bonner Mall P’ship, 513 U.S. 18, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994). The mandate shall reissue forthwith.

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