Environmental Protection Information Center, Inc. v. Pacific Lumber Co.

The district court granted Pacific Lumber Company’s (Pacific Lumber) motion to dismiss as moot the action brought by the Environmental Protection Information Center, Inc. (EPIC) and entered judgment. Pacific Lumber asks that we vacate (1) an order, filed after the case had become moot, outlining the district court’s reasons for granting a preliminary injunction and (2) similar statements about the preliminary injunction contained in the opinion holding the case to be moot. EPIC does not dispute that its case against Pacific Lumber is moot; it asserts, however, that Pacific Lumber lacks standing to request vacatur of the district court’s ultra vires statements because the final judgment was entirely in Pacific Lumber’s favor. The district court had jurisdiction under 28 U.S.C. §§ 1331 , 2201, and 2202 and 16 U.S.C. §§ 1540 (c) and (g). We have jurisdiction to review the district court’s final judgment pursuant to 28 U.S.C. § 1291 . We have the authority to entertain petitioner’s motion to vacate even though there is no longer an Article III case or controversy pursuant to 28 U.S.C. § 2106 and U.S. Bancorp Mortgage Co. v. Bonner Mall P’ship, 513 U.S. 18, 21 , 115 S.Ct. 386 , 130…