ELR Citation: ELR 20094
No(s). 05-35638 (9th Cir. Apr 26, 2007)

The Ninth Circuit vacated a lower court decision granting in part and denying in part cross-motions for summary judgment in a case concerning the validity of the federal government's policy for listing killer whales under the Endangered Species Act. Since the lower court issued its decision, the National Oceanic and Atmospheric Administration listed the whale as an endangered species. Hence, the case is moot.