Native Ecosystems Council, et al. v. Webber, et al.
| NATIVE ECOSYSTEMS COUNCIL, ALLIANCE FOR THE WILD ROCKIES and COUNCIL ON FISH & WILDLIFE |
| AARON WEBBER, Townsend District Ranger, Helena Lewis & Clark National Forest, EMILY PLATT, Supervisor, Helena Lewis & Clark National Forest, LEANNE MARTEN, Regional Forester, U.S. Forest Service Northern Region, UNITED STATES FOREST SERVICE and UNITED STATES FISH & WILDLIFE SERVICE |
| SUN MOUNTAIN LUMBER, INC |
| BIG ELK DIVIDE RESTORATION COMMITTEE and BROADWATER COUNTY, MONTANA |
| 25-4008 |
| June 27, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Opinions
We have the following opinions for this case:
| Description |
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| NATIVE ECOSYSTEMS COUNCIL, ET AL. V. WEBBER, ET AL. |
Docket Report
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This docket was last retrieved on December 6, 2025. A more recent docket listing may be available from PACER.
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| Filing 44 ACKNOWLEDGMENT of hearing notice filed by Rebecca Kay Smith for Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. Hearing in Seattle - Courtroom 1 in Seattle, on 2/12/2026 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 12/06/2025 09:59 AM] |
| Filing 43 NOTICE OF ORAL ARGUMENT on Thursday, February 12, 2026 - 09:00 A.M. - SE 8th Flr Courtroom 1 - Scheduled Location: Seattle WA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-4008] [Entered: 11/30/2025 05:04 PM] |
| Filing 42 On November 13, 2025, the court issued a global order resetting the non-jurisdictional filing deadlines for federally funded attorneys (including FPDs and CJA counsel), that had been stayed by the courts October 1, 2025 Supplemental Administrative Order. If your deadlines were suspended by the October 1 Administrative Order, please review the #Order Resetting Deadlines, available on the courts website, to find your new deadlines. [Entered: 11/13/2025 05:45 PM] |
| Filing 41 Paper copies (6) of Reply Brief submitted at DE 37 by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife received. [Entered: 10/24/2025 04:43 PM] |
| Filing 40 RESPONSE to notice of case being considered for oral argument filed by Maia Dorothea Foster. [Entered: 10/20/2025 12:35 PM] |
| Filing 39 NOTICE: This case is being considered for an upcoming oral argument calendar in Seattle. Please review the Seattle sitting dates for February 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-4008] [Entered: 10/16/2025 10:43 AM] |
Filing 38
ORDER FILED. Reply Brief submitted at DE 37 by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife is filed. Appellant must file 6 copies of the brief in paper format securely bound on the left side with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. [Entered: 09/29/2025 03:12 PM]
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| Filing 37 REPLY BRIEF submitted for filing by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Entered: 09/26/2025 09:42 PM] |
| Filing 36 RESPONSE to Motion for Leave to File Amicus Brief (DE 34) filed by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Entered: 09/22/2025 07:32 PM] |
| Filing 35 ADDED Amicus Curiae - Pending Big Elk Divide Restoration Committee, Amicus Curiae - Pending Broadwater County, Montana, Counsel for Amicus Curiae - Pending Jeffrey S. Beelaert [Entered: 09/16/2025 09:20 AM] |
| Filing 34 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Big Elk Divide Restoration Committee and Broadwater County, Montana. [Entered: 09/12/2025 11:44 PM] |
| Filing 33 Paper copies (6) of Answering Brief submitted at DE 28 by Appellee Sun Mountain Lumber, Inc received. [Entered: 09/12/2025 10:57 AM] |
| Filing 32 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 27 by Appellees Aaron Webber, et al. is received. [Entered: 09/10/2025 12:38 PM] |
| Filing 31 Paper copies (6) of Answering Brief submitted at DE 26 by Appellees Aaron Webber, et al. is received. [Entered: 09/10/2025 12:37 PM] |
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Filing 30
ORDER FILED. Answering Brief submitted at DE 28 by Appellee Sun Mountain Lumber, Inc is filed. Within 7 days of this order, Appellee must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 09/08/2025 09:29 AM]
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Filing 29
ORDER FILED. Answering Brief submitted at DE 26 by Appellees Aaron Webber, et al. is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 27 by Appellees Aaron Webber, et al. are filed. Within 7 days of this order, Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 09/08/2025 09:25 AM]
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| Filing 28 ANSWERING BRIEF submitted for filing by Appellee Sun Mountain Lumber, Inc. [Entered: 09/05/2025 03:49 PM] |
| Filing 27 EXCERPTS OF RECORD submitted for filing by Appellee Aaron Webber, Appellee Emily Platt, Appellee Leanne Marten, Appellee United States Forest Service, Appellee United States Fish & Wildlife Service.--[COURT UPDATE: Corrected PDF attached as of 9/8/2025, REPLACING original attachment] [Entered: 09/05/2025 11:23 AM] [Edited: 09/08/2025 09:20 AM] |
| Filing 26 ANSWERING BRIEF submitted for filing by Appellee Aaron Webber, Appellee Emily Platt, Appellee Leanne Marten, Appellee United States Forest Service, Appellee United States Fish & Wildlife Service.--[COURT UPDATE: Corrected PDF attached as of 9/8/2025, REPLACING original attachment] [Entered: 09/05/2025 11:17 AM] [Edited: 09/08/2025 09:18 AM] |
| Filing 25 TEXT ORDER FILED. The motions (Docket Entry Nos. 23 & 24) for extensions of time to file the answering briefs are granted. The answering briefs are due September 5, 2025. The optional reply brief is due 21 days after the last answering brief is served. [Entered: 08/18/2025 04:09 PM] |
| Filing 24 MOTION to Extend Time to File Brief filed by Appellee Sun Mountain Lumber, Inc. [Entered: 08/15/2025 10:40 AM] |
| Filing 23 MOTION to Extend Time to File Brief filed by Appellee Aaron Webber, Appellee Emily Platt, Appellee Leanne Marten, Appellee United States Forest Service, Appellee United States Fish & Wildlife Service. [Entered: 08/15/2025 07:40 AM] |
| Filing 22 Paper copies (3) of Excerpts of Record in 4 Volumes and Index Volume submitted at DE 16 by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife received. [Entered: 08/05/2025 09:48 AM] |
| Filing 21 Paper copies (6) of Opening Brief submitted at DE 15 by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife received. [Entered: 08/05/2025 09:45 AM] |
| Filing 20 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 07/31/2025 03:11 PM] |
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Filing 19
ORDER FILED. Kenneth K. LEE, Lawrence VANDYKE The motion (Docket Entry No. 10) for injunctive relief is denied. See Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court). The existing briefing schedule remains in effect. [Entered: 07/30/2025 11:57 AM]
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| Filing 18 REPLY to Response to Motion for Injunctive Relief (DE 13) filed by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Entered: 07/28/2025 09:14 PM] |
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Filing 17
ORDER FILED. Opening Brief submitted at DE 15 by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 16 by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife are filed. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 07/28/2025 02:55 PM]
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| Filing 16 EXCERPTS OF RECORD submitted for filing by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Entered: 07/25/2025 07:38 PM] |
| Filing 15 OPENING BRIEF submitted for filing by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Entered: 07/25/2025 07:34 PM] |
| Filing 14 RESPONSE to Motion for Injunctive Relief (DE 10) filed by Appellee Sun Mountain Lumber, Inc. [Entered: 07/25/2025 03:06 PM] |
| Filing 13 RESPONSE to Motion for Injunctive Relief (DE 10) filed by Appellee Aaron Webber, Appellee Emily Platt, Appellee Leanne Marten, Appellee United States Forest Service, Appellee United States Fish & Wildlife Service. [Entered: 07/24/2025 01:27 PM] |
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Filing 12
ORDER FILED. The response to the motion for an injunction pending appeal remains due July 25, 2025. See Fed. R. App. P. 27(a)(3). The optional reply in support of the motion is due July 29, 2025. [Entered: 07/23/2025 02:27 PM]
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| Filing 11 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Assessment Conference Call, 7/29/2025, 10:00 AM Pacific Time (originally 7/24/2025). Each participant will receive an email modifying the dial-in information. [Entered: 07/21/2025 10:08 AM] |
| Filing 10 MOTION for Injunctive Relief filed by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Court entered filing, PDF from DE 9] [Entered: 07/15/2025 04:38 PM] |
| Filing 9 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Entered: 07/15/2025 04:25 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 7/24/2025, 11:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 07/09/2025 12:53 PM] |
| Filing 7 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Sun Mountain Lumber, Inc. [Entered: 07/09/2025 10:46 AM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. [Entered: 07/02/2025 02:49 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Native Ecosystems Council, Appellant Alliance for the Wild Rockies, Appellant Council on Fish & Wildlife. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 07/02/2025 02:47 PM] |
| Filing 4 ADDED Counsel for Appellee Maia Dorothea Foster [Entered: 07/02/2025 01:49 PM] |
| Filing 3 NOTICE OF APPEARANCE by Maia Dorothea Foster for Appellee Aaron Webber, Appellee Emily Platt, Appellee Leanne Marten, Appellee United States Fish & Wildlife Service, Appellee United States Forest Service. [Entered: 07/02/2025 01:44 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 7/2/2025, Preliminary Injunction Opening Brief Due (Appellant) 7/25/2025, Preliminary Injunction Answering Brief Due (Appellee) 8/22/2025. For appeal no. 25-4008, 9:25-cv-00025-DLC.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 06/27/2025 11:57 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 9:25-cv-00025-DLC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-4008 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 06/27/2025 11:54 AM] |
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