United States Third Circuit

In an action involving environmental rulemaking, dismissal of plaintiff's complaint for lack of subject matter jurisdiction is affirmed where the challenge to the denial by the Fish and Wildlife Service to undertake an emergency rulemaking listing the red knot species of bird endangered, is rendered moot by the publication of the warranted but precluded by higher priority listing in the periodic Candidate Notice of Review.

Appellate Information

• Decided 03/11/2009
• Published 03/11/2009

Judges

• Before:  SLOVITER, BARRY, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Julia A. LeMense, Esq., (Argued), Eastern Environmental Law Center, Newark, NJ, for Appellants.


• For Appellees:
  
• Charles R. Scott, Esq., (Argued), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees.