Forest Service Employees for Environmental Ethics v. United States Forest Service

Good Law
277 F. App'x 681
United States Court of Appeals for the Ninth CircuitMay 5, 2008No. 05-36103California450 words

Opinion

Lead Opinion

*682 MEMORANDUM *

Forest Service Employees for Environmental Ethics (“FSEEE”) appeals from the district court’s grant of summary judgment in favor of the United States Forest Service (“USFS”). FSEEE challenged the use of a volunteer trainee Peter Uher-ek, a citizen of the Czech Republic, to mark trees sold in connection with the Biscuit Fire Recovery Project and the sales contracts entered into with purchasers by the USFS with respect to that project, under the National Forest Management Act of 1976 (“NFMA”), 16 U.S.C. § 472a(g). FSEEE sought both declaratory and injunctive relief. On appeal, the USFS argues that FSEEE’s challenges are moot.

I

With respect to the claim for declaratory and injunctive relief, the central question is “whether changes in the circumstances that prevailed at the beginning of litigation have forestalled any occasion for meaningful relief.” Ctr. For Biological Diversity v. Lohn, 511 F.3d 960, 963 (9th Cir.2007) (internal quotation marks omitted).

Here, Uherek has completed his training with the USFS and left the country. The sales with which he was involved are completed. In any event, the USFS states that it does not intend to utilize him for other…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.