Mount Graham Coalition v. McGee
Docket: No. 01-16059; D.C. No. CV-00-412 TUC ACM
Court: Court of Appeals for the Ninth Circuit; December 1, 2002; Federal Appellate Court
Clear precedent requires a court to first assess whether an appeal is moot, as mootness is a jurisdictional issue. The district court determined that the Coalitions’ National Historic Preservation Act (NHPA) claim was moot, and this decision is reviewed de novo. Under Ninth Circuit law, the completion of a project does not automatically render an environmental claim moot; rather, a case is moot only when no effective relief can be granted for the alleged violation. In this instance, the Coalitions’ NHPA claim is deemed moot because the harm they sought to prevent has already taken place, with the power line fully installed and operational, and alternative electricity sources having been utilized on Mount Graham for many years. The court's ruling is affirmed, and this disposition is not suitable for publication or citation in the courts of this circuit, except as permitted by Ninth Circuit Rule 36-3.