Southeast Alaska
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 CV-05-00012-J-JKS
District of Alaska, ENGINEERS; et al., Juneau Defendants-Appellees,
ORDER
COEUR ALASKA, INC.; et al., Defendants-Intervenors-Appellees. Filed March 16, 2007
Before: Procter Hug, Jr., A. Wallace Tashima, and Susan P. Graber, Circuit Judges.
ORDER
Appellee U.S. Army Corps of Engineers’ (“Corps”) Emer- gency Motion Under Circuit Rule 27-3 for Authorization Under the Injunction Pending Appeal to Permit Construction of a Western Interceptor Ditch is denied.
This motion comes to us in a case in which Appellant Southeast Alaska Conservation Council (“SEACC”) has appealed a grant of summary judgment in favor of the Corps and the U.S. Forest Service. SEACC challenges the Corps’ issuance of a permit, pursuant to § 404 of the Clean Water 1 The parties’ motions to exceed the page limits of their respective briefs are hereby granted.