Reilly
Alliance for the Wild Rockies v. Reilly
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-Appellants — Native Ecosystems Council, Alliance for the Wild Rockies, and the Ecology Center (“Plaintiffs”) — appeal from the district court’s grant of summary- judgment to Defendantr-Appellees — the United States Forest Service, Thomas Reilly, and Kathleen McAllister (“the Forest Service”). Plaintiffs challenged the validity of the Beaver-head-Deerlodge Forest Post Fire Project (“Post Fire Project”), developed by the Forest Service in response to fires in the Beaverhead-Deerlodge National Forest in western Montana in the summer of 2000, alleging violations of the National Environmental Policy Act, the Clean Water Act, the National Forest Management Act, and the Endangered Species Act, and requesting injunctive relief. After the suit was filed, the Forest Service withdrew the Post Fire Project, citing concerns about its legality under recent Ninth Circuit decisions and noting that any further post-fire restoration projects would be subject to agency review under the Administrative Procedures Act as well as judicial review. The district court dismissed the suit as moot.
Reviewing the question de novo, we affirm. A suit for injunctive relief is normally…