Black Mesa Water Coalition v. Sally Jewell, in her official capacity as U.S. Secretary of the Interior

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BLACK MESA WATER COALITION;
DINE HATAALII ASSOCIATION; TO
NIZHONI ANI; DINE ALLIANCE; C-
AQUIFER FOR DINE; SIERRA CLUB;
CENTER FOR BIOLOGICAL
DIVERSITY; NATURAL RESOURCES
DEFENSE COUNCIL,
Plaintiffs - Appellants,
v.
SALLY JEWELL, in her official capacity
as U.S. Secretary of the Interior,
Defendant - Appellee.
No. 12-16980
D.C. No. 3:11-cv-08122-GMS
District of Arizona,
Prescott
ORDER
Before: GOULD and WATFORD, Circuit Judges and OLIVER,* Chief District
Judge.
The mandate that issued on March 23, 2015 is recalled. The parties’ joint
motion to dismiss the appeal, CM-ECF 44, is GRANTED and the appeal is
DISMISSED. Because a live controversy existed when we rendered our opinion,
and its precedent may provide guidance to the involved agency or to parties or
other panels in future cases, the panel exercises its discretion not to vacate the
FILED
AUG 07 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* The Honorable Solomon Oliver, Jr., Chief District Judge for the U.S.
District Court for the Northern District of Ohio, sitting by designation.

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opinion filed January 26, 2015. U.S. Bancorp Mortgage Co. v. Bonner Mall
P’ship, 513 U.S. 18 (1994). The mandate shall reissue forthwith.
2

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