Save the South Fork Salmon, et al. v. United States Forest Service, et al.
| SAVE THE SOUTH FORK SALMON, IDAHO CONSERVATION LEAGUE, IDAHO RIVERS UNITED, EARTHWORKS, CENTER FOR BIOLOGICAL DIVERSITY and AMERICAN RIVERS, INC |
| UNITED STATES FOREST SERVICE, UNITED STATES FISH & WILDLIFE SERVICE, NATIONAL MARINE FISHERIES SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES DEPARTMENT OF COMMERCE, Secretary, USDA BROOKE ROLLINS, in her official capacity as U.S. Secretary of Agriculture, Secretary, DOI DOUG BURGUM, in his official capacity as U.S. Secretary of the Interior and HOWARD W. LUTNICK, in his official capacity as U.S. Secretary of Commerce |
| PERPETUA RESOURCES IDAHO, INC. |
| 26-3622 |
| June 4, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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| Filing 28 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 25, DE 26 by Appellee Perpetua Resources Idaho, Inc. are filed. No paper copies are required. [Entered: 07/31/2026 10:54 AM] |
| Filing 27 CLERK ACTION: Answering Brief submitted at DE 24 by Appellees United States Forest Service, et al. is filed. No paper copies are required. [Entered: 07/31/2026 10:51 AM] |
| Filing 26 EXCERPTS OF RECORD submitted for filing by Appellee Perpetua Resources Idaho, Inc.--[COURT ENTERED FILING to correct DE 25] [Entered: 07/31/2026 10:49 AM] |
| Filing 25 ANSWERING BRIEF submitted for filing by Appellee Perpetua Resources Idaho, Inc..--[COURT UPDATE: Removed excerpts (resubmitted correctly at DE 26)] [Entered: 07/30/2026 08:29 PM] [Edited: 07/31/2026 10:50 AM] |
| Filing 24 ANSWERING BRIEF submitted for filing by Appellee United States Forest Service, Appellee United States Fish & Wildlife Service, Appellee National Marine Fisheries Service, Appellee United States Department of Agriculture, Appellee United States Department of the Interior, Appellee United States Department of Commerce, Appellee Brooke Rollins, Appellee Doug Burgum, Appellee Howard W. Lutnick. [Entered: 07/30/2026 01:11 PM] |
| Filing 23 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 20, DE 21 by Appellants are filed. No paper copies are required. [Entered: 07/07/2026 09:09 AM] |
| Filing 22 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Entered: 07/07/2026 08:11 AM] |
| Filing 21 EXCERPTS OF RECORD submitted for filing by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Entered: 07/02/2026 03:22 PM] |
| Filing 20 OPENING BRIEF submitted for filing by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Entered: 07/02/2026 03:17 PM] |
| Filing 19 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Perpetua Resources Idaho, Inc.. [Entered: 06/18/2026 03:34 PM] |
Filing 18
ORDER FILED. SILVERMAN and CALLAHAN, Circuit Judges. The motion (Docket Entry No. 7) 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 opening brief is due July 2, 2026. The answering brief is due July 30, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 06/17/2026 11:20 AM]
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| Filing 17 REPLY to Response to Motion for Injunctive Relief (DE 11) filed by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Court entered filing to correct DE 15 & DE 16] [Entered: 06/17/2026 11:15 AM] |
| Filing 16 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Wrong filing type used, corrected in DE 17] [Entered: 06/16/2026 09:02 PM] [Edited: 06/17/2026 11:16 AM] |
| Filing 15 DEFECTIVE --- REPLY BRIEF submitted for filing by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Wrong filing type used, corrected in DE 17] [Entered: 06/16/2026 08:59 PM] [Edited: 06/17/2026 11:16 AM] |
| Filing 14 MOTION to Transmit Physical Exhibit filed by Appellee Perpetua Resources Idaho, Inc.. [Entered: 06/16/2026 01:41 PM] |
| Filing 13 Physical exhibits (4 copies) received from Appellee Perpetua Resources Idaho, Inc.: Video exhibits on USB drive. Deficiency: Insufficient copies, Motion required (see attached notice). [Entered: 06/15/2026 02:42 PM] |
| Filing 12 RESPONSE to Motion for Injunctive Relief (DE 7) filed by Appellee Perpetua Resources Idaho, Inc.. [Entered: 06/12/2026 04:29 PM] |
| Filing 11 RESPONSE to Motion for Injunctive Relief (DE 7) filed by Appellee United States Forest Service, Appellee United States Fish & Wildlife Service, Appellee National Marine Fisheries Service, Appellee United States Department of Agriculture, Appellee United States Department of the Interior, Appellee United States Department of Commerce, Appellee Brooke Rollins, Appellee Doug Burgum, Appellee Howard W. Lutnick. [Entered: 06/12/2026 07:58 AM] |
| Filing 10 MEDIATION ORDER: By 6/18/2026, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 06/10/2026 12:30 PM] |
| Filing 9 MEDIATION QUESTIONNAIRE filed by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. 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: 06/09/2026 03:56 PM] |
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Filing 8
ORDER FILED. The court has received the emergency motion for injunctive relief. Any responses to the motion are due June 12, 2026. The optional reply in support of the motion is due June 16, 2026. [Entered: 06/08/2026 03:22 PM]
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| Filing 7 MOTION for Injunctive Relief filed by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Court entered filing. PDF's from DE 5 & DE 6] [Entered: 06/08/2026 10:49 AM] |
| Filing 6 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Wrong filing type used, corrected in DE 7] [Entered: 06/05/2026 05:30 PM] [Edited: 06/08/2026 10:50 AM] |
| Filing 5 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Save the South Fork Salmon, Appellant Idaho Conservation League, Appellant Idaho Rivers United, Appellant Earthworks, Appellant Center for Biological Diversity, Appellant American Rivers, Inc. [Entered: 06/05/2026 05:20 PM] |
| Filing 4 ADDED Counsel for Appellee Allen M. Brabender [Entered: 06/05/2026 09:23 AM] |
| Filing 3 NOTICE OF APPEARANCE by Allen M. Brabender for Appellee Brooke Rollins, Appellee Doug Burgum, Appellee Howard W. Lutnick, Appellee National Marine Fisheries Service, Appellee United States Department of Agriculture, Appellee United States Department of Commerce, Appellee United States Department of the Interior, Appellee United States Fish & Wildlife Service, Appellee United States Forest Service. [Entered: 06/05/2026 06:07 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Answering Brief Due (Appellee) 7/30/2026, Preliminary Injunction Opening Brief Due (Appellant) 7/2/2026, Mediation Questionnaire due (Appellant) 6/9/2026. For appeal no. 26-3622, 1:25-cv-00086-AKB.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: 06/04/2026 03:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:25-cv-00086-AKB 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 26-3622 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: 06/04/2026 03:38 PM] |
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