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Earth Island Institute v. Summers

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 8, 2009

EARTH ISLAND INSTITUTE, A CALIFORNIA NON-PROFIT CORPORATION; SEQUOIA FORESTKEEPER, A CALIFORNIA NON-PROFIT CORPORATION; HEARTWOOD, AN ORDER INDIANA NON-PROFIT CORPORATION; CENTER FOR BIOLOGICAL DIVERSITY, A NEW MEXICO NON-PROFIT CORPORATION, AND SIERRA CLUB, A CALIFORNIA NON-PROFIT CORPORATION, PLAINTIFFS,
v.
PRISCILLA SUMMERS,*FN1 IN HER CAPACITY AS DISTRICT RANGER, HOT SPRINGS RANGER DISTRICT, SEQUOIA NATIONAL FOREST; UNITED STATES FOREST SERVICE, AN AGENCY OF THE U.S. DEPARTMENT OF AGRICULTURE; TOM VILSAK,*FN2 IN HIS OFFICIAL CAPACITY AS SECRETARY OF AGRICULTURE; ABIGAIL KIMBELL,*FN3 IN HER OFFICIAL CAPACITY AS CHIEF OF THE U.S. FOREST SERVICE, DEFENDANTS.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

At Docket No. 125 the Court of Appeals for the Ninth Circuit remanded this matter for entry of judgment in accordance with the decision of the United States Supreme Court in Summers v. Earth Island Institute, 555 U.S. ____, 129 S.Ct. 1142 (2009). The decision of the Supreme Court having disposed of all remaining issues in favor of the Defendants,

IT IS THEREFORE ORDERED THAT the judgment entered in this case at Docket No. 78 is hereby VACATED.

IT IS FURTHER ORDERED THAT the complaint filed herein be, and the same hereby is, DISMISSED, in its entirety. Plaintiffs take nothing by way thereof, and judgment be entered thereon in favor of Defendants.

The Clerk of the Court to enter final judgment accordingly and close the case.


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