Indigenous Environmental Network v. Biden

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district court decisions. In addition, the Ninth Circuit took no position on whether the underlying action was moot or whether vacatur was appropriate, instead leaving those matters to the district court.