Wilderness Watch v. Julie King

MEMORANDUM

This appeal challenges the adverse grant of summary judgment on claims brought by environmental advocacy organizations Wilderness Watch and Friends of the Clearwater (collectively “Watch”) that the U.S. Forest Service (“USFS”) violated the Wilderness Act, National Environmental Policy Act, and National Forest Management Act when it authorized two helicopter flights to deliver replacement parts to the Fred Burr High Lake dam located within the Selway-Bitterroot Wilderness Area (“Wilderness Area”). We dismiss for lack of jurisdiction because the case is moot, and the “capable of repetition yet evading review” exception does not apply.

Before exercising jurisdiction, a court must ensure that the case is not moot. See Cole v. Oroville Union High Sch. Dist., 228 F.3d 1092 , 1098 (9th Cir.2000), cert. denied, 532 U.S. 905 , 121 S.Ct. 1228 , 149 L.Ed.2d 138 (2001). Thus, “an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed.” Preiser v. Newkirk, 422 U.S. 395, 401 , 95 S.Ct. 2330 , 45 L.Ed.2d 272 (1975). “Where the activities sought to be enjoined have already occurred, and the appellate courts cannot undo what has…