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ROSEMERE NEIGHBORHOOD ASS'N v. U.S. E.P.A.

No. 08-35045.

581 F.3d 1169 (2009)

ROSEMERE NEIGHBORHOOD ASSOCIATION, a Washington non-profit corporation, Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States Department of the Interior; Stephen L. Johnson, in his official capacity as Administrator of the Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2009.

Attorney(s) appearing for the Case

Christopher Winter, Crag Law Center, Portland, OR, for the plaintiff-appellant.

Rebecca Shapiro Cohen, Assistant U.S. Attorney, Seattle, WA, for the defendants-appellees.

Marybelle Nzegwu, San Francisco, CA, for amicus curiae, Center on Race, Poverty & the Environment.

Before: BETTY B. FLETCHER, A. WALLACE TASHIMA, and SIDNEY R. THOMAS, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Rosemere Neighborhood Association ("Rosemere") appeals the district court's dismissal of its action against the Environmental Protection Agency ("EPA") on mootness grounds. We conclude that the district court erred in dismissing the case, because the voluntary cessation exception to mootness applies. We therefore reverse.

I. Factual and Procedural Background

Rosemere is a non-profit community organization...

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