HomeMy WebLinkAbout20200721Dkt 13 Order.pdfLCC/MOATT
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANKLIN ENERGY STORAGE ONE,
LLC; et al.,
Plaintiffs-Appellees,
v.
IDAHO PUBLIC UTILITIES
COMMISSION; et al.,
Defendants,
and
IDAHO POWER COMPANY,
Intervenor-Defendant-
Appellant.
No. 20-35144
D.C. No. 1:18-cv-00236-REB
District of Idaho, Boise
ORDER
FRANKLIN ENERGY STORAGE ONE,
LLC; et al.,
Plaintiffs-Appellees,
v.
PAUL KJELLANDER, in his official
capacity as Commissioners of the Idaho
Public Utilities Commission; et al.,
Defendants-Appellants,
and
No. 20-35146
D.C. No. 1:18-cv-00236-REB
FILED
JUL 21 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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LCC/MOATT 2 20-35144
IDAHO POWER COMPANY,
Intervenor-Defendant.
Before: THOMAS, Chief Judge, SCHROEDER and CALLAHAN, Circuit Judges.
The parties jointly move to dismiss these appeals as moot, asserting the
matter no longer presents a live case or controversy, and to vacate the judgment of
the district court from which these appeals were taken (Docket Entry No. 15 in No.
20-35144; Docket Entry No. 11 in No. 20-35146). We agree that these appeals are
moot and accordingly dismiss them for lack of jurisdiction. See United States v.
Tanoue, 94 F.3d 1342, 1344 (9th Cir. 1996) (“[A]n appeal must be dismissed as
moot if an event occurs while the appeal is pending that makes it impossible for the
appellate court to grant ‘any effectual relief whatever’ to the prevailing party.”
(citing Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992))).
However, we deny the parties’ requests to vacate the judgment of the district
court because it is not clear from the record on appeal that the circumstances of this
case warrant vacatur. See Arizonans for Official English v. Arizona, 520 U.S. 43,
71-72 (1997) (“Vacatur is in order when mootness occurs through happenstance—
circumstances not attributable to the parties—or . . . the ‘unilateral action of the
party who prevailed in the lower court.’”).
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LCC/MOATT 3 20-35144
The district court is not precluded by this denial from vacating its own
judgment upon independent review. See Cammermeyer v. Perry, 97 F.3d 1235,
1239 (9th Cir. 1996).
DISMISSED.
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