Opinion
No. 07-35700.
Argued and Submitted December 10, 2008.
Filed January 12, 2009.
Peter MacNamara Lacy, Senior, Oregon Natural Desert Association, Stephanie M. Parent, Stephanie M. Parent, Attorney at Law, Portland, OR, Kristin F. Ruether, Esquire, Advocates for the West, Boise, ID, for Plaintiffs-Appellees.
Meredith Flax, U.S. Department of Justice, Washington, DC, for Defendant.
Jill S. Gelineau, Esquire, Schwabe, Williamson Wyatt, P.C., Portland, OR, Reed Hopper, Damien Michael Schiff, Pacific Legal Foundation, Sacramento, CA, for Defendant-intervenors-Appellants.
Appeal from the United States District Court for the District of Oregon, Garr M. King, District Judge, Presiding. D.C. No. CV-06-00946-GMK.
Before: O'SCANNLAIN, GRABER, and BYBEE, Circuit Judges.
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.