Southeast Alaska Conservation Council v. United States Army Corps of Engineers, Coeur Alaska, Inc., Defendant-Intervenors-Appellees
Opinion
Opinion
ORDER
Appellee Coeur Alaska, Inc.’s Urgent Motion Under Circuit Rule 27-3(b) to Vacate the Injunction Pending Appeal is denied. The court granted Appellant Southeast Alaska Conservation Council’s (“SEACC”) Emergency Motion Under Circuit Rule 27-3 on August 24, 2006, at which time the court issued an injunction pending appeal. The court’s order enjoined Coeur Alaska, the U.S. Army Corps of Engineers (“Corps”), and the U.S. Forest Service from activities relating to the construction of a disposal facility at Lower Slate Lake. On November 7, 2006, Coeur Alaska filed its motion to vacate the injunction due to weather conditions and in light of the U.S. Supreme Court’s recent decision in Purcell v. Gonzalez, — U.S. -, 127 S.Ct. 5 , 166 L.Ed.2d 1 (2006).
We conclude that Coeur Alaska’s challenge to the injunction, to the extent that it is based on Purcell , is untimely. See 9th Cir. R. 27-10(a). Even if the form of the injunction were subject to challenge now, we conclude that Purcell does not require the court to vacate its injunction. Thus, we confirm issuance of the injunction until the court decides the merits of this case and the mandate issues.