Page 241 - California Stormwater Workshop Handouts

Ecological Rights Foundation v. Pacific Lumber Co., 230 F.3d 1141 (2000)
51 ERC 1545, 31 Envtl. L. Rep. 20,246, 00 Cal. Daily Op. Serv. 8692...

887 F.2d 955, 957 (9th Cir.1989) (issue is waived on initial responsibility between the trial and appellate courts
appeal unless it was raised below “sufficiently for the trial because a threshold, potentially dispositive issue was
court to rule on it”). When the efficiency interest no decided incorrectly, so there is no ground for allowing
longer obtains because the case will have to be remanded otherwise unavailable appellate consideration of
in any event, there is no reason to forego the usual nondispositive issues for that reason.
preference for prior trial court consideration of all issues
in a case. Rather than adjudicating this case piecemeal, we reverse
on the standing issue and remand to allow the district
Second, to decide Pacific Lumber’s alternative arguments court to adjudicate all the issues in the case in the first
at this juncture would be tantamount to allowing an instance.
interlocutory appeal of those issues. As noted above,
Pacific Lumber’s arguments would, at most, support REVERSED AND REMANDED for proceedings
narrowing this case, not dismissing it. Consequently, had consistent with this opinion.
the district court correctly decided the standing issue in
this case and then turned to Pacific Lumber’s alternative Parallel Citations
arguments, the losing party could not have taken an
appeal to this court from the court’s decision on those 51 ERC 1545, 31 Envtl. L. Rep. 20,246, 00 Cal. Daily
questions until final judgment issued in the case as a Op. Serv. 8692, 2000 Daily Journal D.A.R. 11,527
whole. See 28 U.S.C. § 1291. Nor would we have the
power to hear a premature appeal on those questions. Id. © 2015 Thomson Reuters. No claim to original U.S. Government Works.
Just as there is no reason to alter the usual division of

End of Document

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