McGee

Mount Graham Coalition v. McGee

Good Law
52 F. App'x 354
United States Court of Appeals for the Ninth CircuitDecember 2, 2002No. 01-16059; D.C. No. CV-00-412 TUC ACMCalifornia262 words

Opinion

Lead Opinion

MEMORANDUM **

Clear precedent establishes that this court must first determine whether this appeal is moot, because mootness is a jurisdictional question. See Kescoli v. Babbitt, 101 F.3d 1304, 1308 (9th Cir.1996) *355 (quoting Friends of Payette v. Horseshoe Bend Hydroelectric, 988 F.2d 989 , 996 (9th Cir.1993)).

The district court found that the Coalitions’ NHPA claim was moot. We review the district court’s determination that the claim was moot de novo. See Cigna Property and Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412, 418 (9th Cir.1998).

We are aware that under Ninth Circuit law, completion of a project does not necessarily moot an environmental claim. See West v. Secretary of Department of Transportation, 206 F.3d 920 , 925 (9th Cir.2000); Tyler v. Cuomo, 236 F.3d 1124, 1137 (9th Cir.2000); Cuddy Mountain v. Alexander, 303 F.3d 1059 , 1066 (9th Cir.2002). Orneases make clear that completion of activity is not the hallmark for mootness. Rather, a case is moot only where no effective relief for the alleged violation can be given. Id.

The Coalitions’ NHPA claim is moot because the harm that the Coalitions seek to prevent has already occurred and no effective…

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