Idaho Conservation League v. Salmon Headwaters Conservation

FILED

NOT FOR PUBLICATION

AUG 25 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

IDAHO CONSERVATION LEAGUE, No. 20-35033

Plaintiff-Appellee, D.C. No. 1:18-cv-00044-BLW

v.

MEMORANDUM*

UNITED STATES FOREST SERVICE,

Defendant,

and

SALMON HEADWATERS

CONSERVATION ASSOCIATION LLC,

Intervenor-Defendant- Appellant.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding

Argued and Submitted May 3, 2021 Portland, Oregon

Before: W. FLETCHER, BEA, and FRIEDLAND, Circuit Judges. Dissent by Judge BEA

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Salmon Headwaters Conservation Association (“SHWCA”), on behalf of its

members, claims entitlement to Ditch Bill Easements (“DBEs”) for diversions in

the Sawtooth Valley of Idaho. SHWCA members have filed DBE applications

with the United States Forest Service (“the Forest Service”). As of this appeal, the

applications remain pending.

The Idaho Conservation League (“ICL”) sued…