Southeast Alaska Conservation v. U.S. Army Corps
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOUTHEAST ALASKA CONSERVATION
COUNCIL; et al., Plaintiffs-Appellants, No. 06-35679 v. D.C. No.
UNITED STATES ARMY CORPS OF
ENGINEERS; et al., CV-05-00012-J-JKS District of Alaska, Defendants-Appellees, Juneau COEUR ALASKA, INC.; et al., ORDER Defendant-Intervenors- Appellees. Filed December 8, 2006
Before: Procter Hug, Jr., A. Wallace Tashima, and Susan P. Graber, Circuit Judges.
ORDER
Appellee Coeur Alaska, Inc.’s Urgent Motion Under Cir- cuit Rule 27-3(b) to Vacate the Injunction Pending Appeal is denied. The court granted Appellant Southeast Alaska Con- servation Council’s (“SEACC”) Emergency Motion Under Circuit Rule 27-3 on August 24, 2006, at which time the court issued an injunction pending appeal. The court’s order enjoined Coeur Alaska, the U.S. Army Corps of Engineers (“Corps”), and the U.S. Forest Service from activities relating to the construction of a disposal facility at Lower Slate Lake. On November 7, 2006, Coeur Alaska filed its motion to vacate the injunction due to weather conditions and in…