THE ROBING ROOM

Another reversal by the 9th Circuit, this time on a CWA and ESA case. CENTER FOR BIOLOGICAL DIVERSITY; FRIENDS OF FAWNSKIN v. MARINA POINT. The district court determined that Marina Point had violated the CWA and had either violated or would violate the ESA. See Center I, 434 F. Supp. at 795-98. However, because it lacked jurisdiction over the CWA claims and because the ESA claims have become moot, we vacate its judgment and remand with directions to dismiss for lack of jurisdiction. Concomitantly, we reverse the award of attorney fees and the contempt order. Apparently the bald eagle had been removed from ESL and rendered case moot. Oops. Seems like King Real didn't get his way again.