United States Ninth Circuit

In an action under the Clean Water Act (CWA) and Endangered Species Act (ESA), judgment for Plaintiffs is reversed, where: 1) Plaintiffs did not give sufficiently specific notice of intent to sue under the CWA; and 2) the ESA action was moot because the species at issue had been delisted during the pendency of the appeal. Award of attorney's fees to Plaintiffs is affirmed, where the mootness of the ESA action did not affect the fee award.

Appellate Information

• Argued 07/14/2008
• Decided 03/30/2009
• Published 03/30/2009

Judges

• Before:  FERDINAND F. FERNANDEZ, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Robert D. Crockett, Latham & Watkins LLP, Los Angeles, CA, for the defendants-appellants., Bernice Conn, Robins, Kaplan, Miller & Ciresi L.L.P., Los Angeles, CA, for the plaintiffs-appellees.