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Summers v. Earth Island Institute

Docket No.: 07-463
Certiorari Granted: Jan 18 2008
Argued: October 8, 2008
Decided: March 3, 2009

PartyNames: SUMMERS ET AL. v. EARTH ISLAND INSTITUTE ET AL.
Petitioner: Priscilla Summers, et al.
Respondent: Earth Island Institute, et al.

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Priscilla Summers, et al.
v.
Earth Island Institute, et al.
Question Presented:

1. Whether the Forest Service's promulgation of 36 C.F.R. 215.4(a) and 215.12(f), as distinct from the particular site-specific project to which those regulations were applied in this case, was a proper subject of judicial review.2. Whether respondents established standing to bring this suit. 3. Whether respondents' challenge to 36 C.F.R. 215.4(a) and 215.12(f) remained ripe and was otherwise judicially cognizable after the timber sale to which the regulations had been applied was withdrawn, and respondents' challenges to that sale had been voluntarily dismissed with prejudice, pursuant to a settlement between the parties. 4. Whether the court of appeals erred in affirming the nationwide injunction issued by the district court.

Question:

1) Does Earth Island Institute have standing to challenge regulations of the U.S. Forest Service in the absence of a live dispute over the application of those regulations? 2) Did Earth Island Institute's challenge to U.S. Forest Service regulations remain ripe for review after timber sale to which those regulations were applied was withdrawn and Earth Island's challenge to that sale was dismissed after a settlement was reached between the parties?

Note:

EXPEDITED BRIEFING SCHEDULE

Holding: judgment reversed-in-part and
Vote: 5-4
Opinion By:
Read SUMMERS V. EARTH ISLAND INSTITUTE opinion (PDF)
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