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LEIGH v. SALAZAR

No. 11-16088.

668 F.3d 1126 (2012)

Laura LEIGH, Plaintiff-Appellant, v. Ken SALAZAR, Secretary, U.S. Department of the Interior; Bob Abbey, Director, Bureau of Land Management; Ronald Wenker, Nevada State Director of Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2012.

Attorney(s) appearing for the Case

Gordon M. Cowan (argued), Reno, NV, and Bruce A. Wagman , Schiff Hardin LLP, San Francisco, CA, for the plaintiff-appellant.

Nicholas A. DiMascio (argued), Ignacia S. Moreno , and David S. Shilton , United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.

Lucy A. Dalglish , Gregg P. Leslie , Kristen Rasmussen, and Derek D. Green , Arlington, VA, for Amicus Curiae the Reporters Committee for Freedom of the Press, and Mickey H. Osterreicher, East Amherst, New York, for amicus curiae National Press Photographers Association.

Opinion by Judge MILAN D. SMITH, JR.; Partial Concurrence and Partial Dissent by Judge WALLACE.

OPINION

M. SMITH, Circuit Judge:

Plaintiff-Appellant Laura Leigh, a photojournalist, contends that viewing restrictions at a Bureau of Land Management (BLM) horse roundup violated her First Amendment right to observe government activities. Leigh moved for a preliminary injunction to require the BLM to provide her with unrestricted access to horse roundups. The district court denied Leigh's motion, concluding that most of the relief sought was moot because...

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