Opinion
No. 10-16513.
Argued and Submitted January 14, 2011.
Filed May 6, 2011.
Amy Rae Atwood, Senior, Portland, OR, Roger Flynn, Western Mining Action Project, Lyons, CO, Neil Levine, Denver, CO, for Plaintiffs-Appellants.
Mark R. Haag, Esquire, David C. Shilton, Michael D. Thorp, Tyler Guy Welti, DOJ-U.S. Department of Justice, Washington, DC, for Defendants-Appellees.
Bradley J. Glass, Michael Kevin Kennedy, Esquire, Gallagher Kennedy, P.A., Phoenix, AZ, for Intervenor-Defendants-Appellees.
Appeal from the United States District Court for the District of Arizona, David G. Campbell, District Judge, Presiding. D.C; No. 3:09-cv-08207-DGC.
Before: HUG, SCHROEDER, and RAWLINSON, Circuit Judges.
In this interlocutory appeal, Appellants challenge the district court's denial of then-motion for a preliminary injunction. Reviewing for abuse of discretion, see Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011), we affirm for the reasons stated by the district court judge. Appellants failed to raise serious questions on the merits of their claims of violations of the National Environmental Policy Act, 42 U.S.C. § 4321, et seq. and the Federal Land Policy Management Act, 43 U.S.C. § 1701 et seq. See id. at 1132.