"Wild Equity argued on appeal that the [Incidental Take Statement] had no independent force prior to its incorporation into the City’s CWA permit. However, the Corps has since issued the relevant permit, which incorporates the terms of the ITS," the court said in a memorandum opinion issued yesterday (March 25, 2015).
Wild Equity argued "that the capable of repetition yet evading review exception to mootness applies," but the court said that "[t]he issuance of the ITS and CWA permit have . . . fundamentally changed the legal landscape within which the parties are operating, reducing the likelihood that this issue will arise again between these particular parties."