Shell Gulf of Mexico Inc. v. Center for Biological Diversity, Inc. ( 2014 )

FILED
NOT FOR PUBLICATION NOV 12 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHELL GULF OF MEXICO INC. And No. 12-36034
SHELL OFFSHORE INC.,
D.C. No. 3:12-CV-00096-RRB
Plaintiffs - Appellees,
v. MEMORANDUM*
CENTER FOR BIOLOGICAL
DIVERSITY, INC; et al.,
Defendants,
And
ALASKA WILDERNESS LEAGUE; et
al.,
Defendants - Appellants.
Appeal from the United States District Court
for the District of Alaska
Ralph R. Beistline, Chief District Judge, Presiding
Argued and Submitted August 13, 2014
Anchorage, Alaska
Before: FARRIS, D.W. NELSON, and NGUYEN, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Defendants-appellants appeal the district court’s order denying their motion
to dismiss this case for lack of subject matter jurisdiction. Because plaintiffs-
appellants voluntarily dismissed this case, and the legal issues presented by this
appeal are addressed in a related matter, Shell Gulf of Mexico, Inc. v. Center for
Biological Diversity, No. 13-35835 (9th Cir., filed September 10, 2013), we
dismiss this appeal as moot. See W. Coast Seafood Processors Ass’n v. Natural
Res. Def. Council, Inc., 643 F.3d 701, 705 (9th Cir. 2011) (declining to apply the
“capable of repetition, yet evading review” doctrine where the issue does not
“evade review”).
DISMISSED AS MOOT.