The Ninth Circuit affirmed a lower court’s dissolution of an injunction in a challenge to the Grizzly Project on the Kootenai National Forest (Alliance for the Wild Rockies (AWR) v. Bradford, 13-35768).
In an unpublished decision, the court found that U.S. District Judge Donald W. Molloy was justified in dissolving the injunction he had issued June 29, 2010. The order being appealed was issued April 3, 2012.
The circuit judges on the panel were Raymond C. Fisher, Mary H. Murguia and Carlos T. Bea. Bea issued a separate concurring opinion to say he did not believe AWR should have been allowed to appeal the ESA portion of the ruling. Molloy had granted the plaintiffs’ motion for summary judgment on its National Forest Management Act and National Environmental Policy Act claims. He ruled for the Forest Service on one of the ESA claims, but then the Forest Service voluntarily dismissed its appeal, and the plaintiffs dropped their cross-appeal.
“I see no reason to deviate from the usual rule that a party gets one opportunity—and only one opportunity—to seek appellate review of an adverse judgment on a claim. Because Alliance had that opportunity in 2010 and rejected
it by dismissing its cross-appeal, I would not revisit the merits of the ESA claim.”