Usfs

MEMORANDUM *

Appellant League of Wilderness Defenders/Blue Mountains Biodiversity Project (“LOWD”) appeals the district court’s summary judgment ruling granting in part and denying in part the parties’ cross-motions for summary judgment on LOWD’s claims against the United States Forest Service (“Forest Service”) relating to the Forest Service’s approval of a project to apply herbicides in the Wallowa-Whitman National Forest (the “Project”). We affirm in part, reverse in part, and remand.

1. Although the district court granted relief to LOWD on one of its National Environmental Policy Act (“NEPA”) claims and remanded that claim to the Forest Service, we conclude that the court’s judgment is final under 28 U.S.C. § 1291 . The remand order does not require the Forest Service to reconsider any of the issues LOWD raises on appeal. It is therefore “meaningless” as to the relevant appellate issues. In these circumstances, the district court’s judgment is final for the purposes of this appeal. Sierra Forest Legacy v. Sherman, 646 F.3d 1161, 1175-76 (9th Cir.2011). Thus, this court has jurisdiction under § 1291. Id,.; see also HonoluluTraffic.com v. Fed. Transit Admin., 742 F.3d 1222,…

concurring in part and dissenting in part:

For the reasons given by the district court, I would affirm in full.

FILED

NOT FOR PUBLICATION OCT 30 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEAGUE OF WILDERNESS No. 13-35054

DEFENDERS/BLUE MOUNTAINS

BIODIVERSITY PROJECT, an Oregon D.C. No. 3:10-cv-01397-SI nonprofit corporation,

Plaintiff - Appellant, MEMORANDUM*

v.

UNITED STATES FOREST SERVICE,

an agency of the United States Department of Agriculture; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted July 9, 2014 Portland, Oregon

Before: PREGERSON, PAEZ, and WATFORD, Circuit Judges.

Appellant League of Wilderness Defenders/Blue Mountains Biodiversity

Project (“LOWD”) appeals the district court’s summary judgment ruling granting

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. in part and denying in part the parties’ cross-motions for summary judgment on

LOWD’s claims against the United States Forest Service (“Forest…