Summers v. Earth Island Institute

129 S.Ct. 1142 (2009)

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Nature of the Case

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Facts

D adopted by rule after notice and comment, that fire-rehabilitation activities on areas of less than 4,200 acres, and salvage-timber sales of 250 acres or less, did not cause a significant environmental impact and thus would be categorically exempt from the notice, comment, and appeal process. P are a group of organizations dedicated to protecting the environment. P filed a complaint in the Eastern District of California, challenged D for implementing its new rules for smaller acreage. The District Court granted a preliminary injunction, and the parties settled their dispute over the Burnt Ridge Project and the District Court concluded that 'the Burnt Ridge timber sale is not at issue in this case.' D contends that because Burnt Ridge was solved Ps do not have standing to bring their others claims. The District Court adjudicated the merits and found for Ps. The Ninth Circuit upheld in part and reversed in part that P's challenges to regulations not at issue in the Burnt Ridge Project were not ripe for adjudication because there was 'not a sufficient `case or controversy'' before the court to sustain a facial challenge. The circuit upheld two of the determinations. D sought review.