Salazar

Center for Biological Diversity v. Salazar

Good Law
345 F. App'x 256
United States Court of Appeals for the Ninth CircuitSeptember 4, 2009No. 08-16730California510 words

Opinion

Lead Opinion

MEMORANDUM *

Conservation Force, Inc. appeals a series of district court orders, including 1) an April 28, 2008, 2008 WL 1902703 , order requiring the United States Fish and Wildlife Service (the Service) to publish a final listing for the polar bear under the Endangered Species Act by May 15, 2008, and to waive the thirty-day notice period normally required by the Administrative Procedure Act; 2) a May 13, 2008 order granting for limited purposes Conservation Force’s motion to intervene and denying its motion to reconsider the April 28 order; and 3) a July 11, 2008, 2008 WL 2740396 , order finding that the district court lacked authority to order the Service to permit the importation of polar bear trophies. Because we conclude that Conservation Force lacks standing to challenge the district court’s orders, we dismiss this appeal for lack of jurisdiction.

Conservation Force lacks standing to appeal the April 28 ruling waiving the thirty-day notice period because this issue was not within the scope of the limited intervention granted to Conservation Force. Accordingly, Conservation Force is not a party to the order and thus cannot appeal it. See Employers-Teamsters Local Nos. 175…

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