Southwest Center v. U.S. Forest Serv

Full title: SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 27, 2004

355 F.3d 1203 (9th Cir. 2004)

Opinion

Nos. 01-16092, 01-16277.

January 27, 2004.

Appeal from the United States District Court for the District of Colorado, Lewis T. Babcock, J.

Susan D. Daggett, Robert B. Wiygul, Esq., and James J. Tutchton, Esq., Earthjustice Legal Defense Fund, Inc., Denver, CO, Martin J. Bergoffen, Asheville, NC, for Plaintiffs-Appellants.

Norman D. James, Esq., Fennemore Craig, P.C., Phoenix, AZ, Karen J. Budd-Falen, Esq., Budd-Falen Law Offices, Cheyenne, WY, Michael Joseph Van Zandt, McQuaid, Bedford Van Zandt LLP, San Francisco, CA, for Intervenors.

Karen L. Egbert, Esq., Victoria J. Rosenthal, Aaron P. Avila, Esq., DOJ-U.S. Department of Justice, Washington, DC, Andrew A. Smith, U.S. Department of Justice, Denver, CO, Michael A. Johns, Esq., USPX-Office of the U.S. Attorney, Phoenix, AZ, for Defendant-Appellee.

Ellen J. Durkee, Esq., DOJ-U.S. Department of Justice, Washington, DC, Sandra Slack Glover, Esq., Wiggin Dana, New Haven, CT, Monte C. Clausen, AUSA, USTU-Office of the U.S. Attorney, Tucson, AZ, for Defendant-Appellee/Cross-defendant-Appellee.

Before CANBY, and RYMER, Circuit Judges, and BERTELSMAN, Senior District Judge.^_

_ Honorable William O. Bertelsman, Senior United States District Judge for the Eastern District of Kentucky, sitting by designation.

ORDER

This case became moot after our opinion was published, Southwest Center for Biological Diversity v. United States Forest Service, 307 F.3d 964 (9th Cir. 2002), but while proceedings were on-going and before the mandate was issued. We exercise our discretion to withdraw the opinion. However, we see no reason to remand for the district court to consider whether its decision should be vacated.

DISMISSED AS MOOT.