Richard Oberdorfer v. Usfs

FILED
NOT FOR PUBLICATION MAY 16 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
WESTERN RADIO SERVICES CO., an No. 10-35468
Oregon Corporation; et al.,
D.C. No. 6:09-cv-00872-HO
Plaintiffs - Appellants,
v. MEMORANDUM *
UNITED STATES FOREST SERVICE,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, District Judge, Presiding
Submitted May 5, 2011 **
Portland, Oregon
Before: TASHIMA, BEA, and IKUTA, Circuit Judges.
Western Radio Service Co. and Richard Oberdorfer, the company’s owner
and president (collectively “Western Radio”), appeal the district court’s grant of
summary judgment to the United States Forest Service (“Forest Service”). We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
affirm the district court because Western Radio has not adduced evidence
sufficient to raise a triable issue of fact that it has suffered a “concrete and
particularized” and “actual and imminent” harm as required for Article III
standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (citations
omitted).
AFFIRMED.
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