Dombeck

Sierra Club v. Dombeck

Good Law
55 F. App'x 411
United States Court of Appeals for the Ninth CircuitDecember 27, 2002Nos. 01-17391, 01-17394; D.C. No. CV-00-00421-PGRCalifornia420 words

Opinion

Lead Opinion

MEMORANDUM *

The District Court for the District of Arizona granted summary judgment to the *412 Sierra Club on Counts I through VII of its complaint, and dismissed the eighth count on ripeness grounds. Canyon Forest Village II Corporation (CFV), a defendant-intervenor, appeals the judgment on some of these claims. The Sierra Club cross-appeals the district court’s dismissal of Count VIII. Because the facts are familiar to both parties, we will not recite them in detail except as necessary.

This Court does not have jurisdiction to decide CFV’s appeal because CFV lacks standing on appeal. The Forest Service did not appeal the District Court’s order. Therefore, CFV, as an intervenor, may appeal in the absence of the Forest Service only if it independently satisfies the standing requirements of Article III. Didrickson v. U.S. Dep’t of Interior, 982 F.2d 1332 , 1337-38 (9th Cir.1992). CFV fails to meet Article Ill’s redressability requirement because it is speculative whether a favorable appellate decision would redress its injury. Even if CFV were to prevail on each of its arguments, the Forest Service must undertake a number of additional tasks, including conducting further…

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