The Save the Peaks Coaltion v. Usfs

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 28, 2012
• Docket: 10-17896
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

THE SAVE THE PEAKS COALITION;  KRISTIN HUISINGA; CLAYSON BENALLY; SYLVAN GREY; DON FANNING; JENEDA BENALLY; FREDERICA HALL; BERTA BENALLY; No. 10-17896 RACHEL TSO; LISA TSO, D.C. No. Plaintiffs-Appellants, 3:09-cv-08163- v.  MHM UNITED STATES FOREST SERVICE; District of Arizona, JOSEPH P. STRINGER, Acting Forest Phoenix Supervisor for the Coconino ORDER National Forest, Defendants-Appellees, ARIZONA SNOWBOWL RESORT LP, Intervenor-Defendant-Appellee.  Filed August 28, 2012

Before: J. Clifford Wallace, John T. Noonan, and Milan D. Smith, Jr., Circuit Judges.

Order; Dissent by Judge Wallace

10569 10570 SAVE THE PEAKS COALITION v. USFS ORDER

Our order filed on June 21, 2012 (ECF No. 77) is hereby amended. All portions of the order, except the portion deny- ing Intervenor-Defendant-Appellee Arizona Snowbowl Resort Limited Partnership’s (Snowbowl) motion for attorney’s fees, are withdrawn, Snowbowl’s motion for costs is denied, and our referral of the order to the Appellate Commissioner is withdrawn.

In light of these amendments, Attorney Plain- tiffs’/Appellants Save the Peaks Coalition’s July 5, 2012 Peti- tion for Rehearing En Banc is denied, as moot.

WALLACE, Circuit Judge, dissenting:

I respectfully dissent. I would impose sanctions on Shanker for “grossly abus[ing] the judicial process by strategically holding back claims that could have, and should have, been asserted in the first lawsuit (and would have been decided ear- lier but for counsel’s procedural errors in raising those claims).” Save the Peaks Coal. v. U.S. Forest Serv., 669 F.3d 1025, 1028 (9th Cir. 2012).