Battle Mtn Band of Te-Moak Tr. v. Blm

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BATTLE MOUNTAIN BAND OF THE No. 16-16016
TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS, D.C. No.
3:16-cv-00268-LRH-WGC
Plaintiff-Appellant,
v. ORDER*
UNITED STATES BUREAU OF LAND
MANAGEMENT; JILL C. SILVEY, in
official capacity as Bureau of Land
Management Elko District Manager,
Defendants-Appellees,
CARLIN RESOURCES, LLC,
Intervenor-Defendant-
Appellee.
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Argued and Submitted February 13, 2017
San Francisco, California
Before: CANBY, SILER,** and HURWITZ, Circuit Judges.
*
This order is not appropriate for publication and is not precedent except
as provided by Ninth Circuit Rule 36-3.
**
The Honorable Eugene E. Siler, United States Circuit Judge for the U.S.
The Battle Mountain Band of the Te-Moak Tribe of Western Shoshone
Indians (“the Band”) moved for a preliminary injunction in the district court to
prevent the Bureau of Land Management (“BLM”) “from issuing any authorizations
or notices to proceed” relating to the construction of a power line authorized in a
BLM Record of Decision, or “allowing or permitting any ground-disturbing
activities related to the Power Line,” including “all earth work or work in preparation
of or construction of foundations for power poles or other structures.” The district
court denied the motion for a preliminary injunction and the Band appealed. Both
the district court and this Court denied the Band’s motions for an injunction pending
appeal, and the parties agree that construction of the power line has now been
completed.
In light of the completion of construction of the power line, we dismiss this
appeal from the denial of the preliminary injunction as moot. In Def. of Animals v.
U.S. Dep’t of Interior, 648 F.3d 1012, 1013-14 (9th Cir. 2011) (per curiam). The
underlying action, however, is not moot, and our dismissal is without prejudice to
the Band raising in the district court any applications for interlocutory relief arising
out of the operation and use of the power line, and is not intended to affect the ability
of the district court to order any appropriate relief on final judgment.
Court of Appeals for the Sixth Circuit, sitting by designation.
2
This order constitutes the mandate of this Court.
APPEAL DISMISSED.
3