Friends of the Wild Swan, Inc. v. U.S. Fish and Wildlife Service

81 F.3d 168 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FRIENDS OF the WILD SWAN, INC; Alliance for the Wild Rockies, Inc., Plaintiffs-Appellants, v. U.S. FISH AND WILDLIFE SERVICE, an agency of the United States Department of the Interior; Michael J. Spear, Director Region One of the U.S. Fish and Wildlife Service, Defendants-Appellees. No. 95-35916. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1996. Decided April 2, 1996. Before: REINHARDT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 The district court dismissed plaintiffs' complaint against the U.S. Fish and Wildlife Service (FWS) challenging the agency's 1994 Finding that the bull trout did not warrant listing as an endangered species under the Endangered Species Act (ESA). The district court found that promulgation of a 1995 Finding rendered the case moot. We find it unnecessary to review the district court's finding of mootness because the case falls into the exception…