SOUTHEAST ALASKA CONSERVATION COUNCIL v. U.S. ARMY CORPS

No. 06-35679.

472 F.3d 1097 (2006)

SOUTHEAST ALASKA CONSERVATION COUNCIL; et al., Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; et al., Defendants-Appellees, Coeur Alaska, Inc.; et al., Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

December 8, 2006.


Attorney(s) appearing for the Case

Thomas S. Waldo, Esq., Earthjustice Legal Defense Fund, Inc., Juneau, AK, Plaintiffs-Appellants.

John T. Stahr, Esq., Aaron P. Avila, Esq., U.S. Department of Justice Environment & Natural Resources Division, Washington, DC, Mark A. Nitczynski, Esq., Office of the U.S. Attorney Federal Bldg. & U.S. Courthouse, Anchorage, AK, Richard L. Pomeroy, Esq., for Defendant-Appellee.

John C. Berghoff, Jr., Esq., Mayer Brown Rowe & Maw, LLP, Chicago, IL, Robert A. Maynard, Esq., Perkins Coie, LLP, Boise, ID, David C. Crosby, Esq., David C. Crosby, P.C., Ruth Hamilton Heese, Esq., Office of the Alaska Attorney General, Juneau, AK, Cameron M. Leonard, Office of the Alaska Attorney General, Fairbanks, AK, for Defendant-Intervenor-Appellee.

Before: HUG, TASHIMA, and GRABER, Circuit Judges.


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...

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