OPINION BERZON , Circuit Judge : We consider challenges to the decision of the Secretary of the Interior to withdraw from new uranium mining claims, for up to twenty years, over one million acres of land near Grand Canyon National Park. Determining the appropriate balance between safeguarding an iconic American natural wonder and permitting extraction of a critically important mineral is at the heart of the present dispute. The fission of uranium atoms into smaller component parts...
ORDER The request to publish the unpublished Memorandum disposition is GRANTED. The Memorandum disposition filed October 27, 2016, is redesignated as an authored Opinion by Judge Graber with modifications. OPINION GRABER , Circuit Judge : "This appeal turns entirely on a single provision of the Bankruptcy Code, 11 U.S.C. 502(b)(6), and presents a question of statutory interpretation which we review de novo. " AMB Prop., L.P. v. Official Creditors for Estate of AB Liquidating Corp. (...
ORDER The opinion filed on September 2, 2016, is amended as follows: 1. On page 28 of the slip opinion, "The environmental impact report ("EIR") prepared by EPA . . ." is changed to, "The environmental impact report ("EIR") prepared by a consultant for the Shasta County Department of Resource Management . . ." 2. On page 28 of the slip opinion, "EPA therefore conducted the EIR assuming . . ." is changed to, "The consultant therefore conducted the EIR assuming . . ." 3. On page 30 of the...
ORDER The opinion filed on September 7, 2016, is hereby amended as follows: 1. On page 18 of the slip opinion, in footnote 6, the last sentence (and related citations) should be deleted. We note that Plaintiffs also raised the argument that the class and collective action waivers in the arbitration agreements may violate the National Labor Relations Act (NLRA) for the first time in a sur-reply. That untimely submission waived the argument. See, e.g., United States v. Dreyer, 804 F.3d 1266...
OPINION GOULD , Circuit Judge : In response to recent state appellate court decisions that exposed employers to significant and unexpected minimum wage liability, California passed Assembly Bill 1513 (AB 1513). This law created a "safe harbor" that gave employers an affirmative defense against the new claims so long as the employer made back payments under certain conditions. AB 1513 allowed the employers to avoid the costs and statutory penalties that they would otherwise face as a result...
OPINION NOONAN , Circuit Judge : Appellants are all alleged to be members or associates of the Vineland Boys ("VBS"), a gang located in Southern California. On November 30, 2005, a grand jury returned a 78-count first superseding indictment charging appellants and approximately forty other individuals with crimes arising out of their membership or association with VBS. Seven of the nine appellants were charged with violating the Racketeer Influenced and Corrupt Organizations Act ("RICO"),...
ORDER AND AMENDED OPINION ORDER Judges Reinhardt and Nguyen have voted to deny appellees' petition for rehearing en banc, and Judge Fisher has so recommended. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. The opinion, filed August 10, 2016 and published at 832 F.3d 1084, is AMENDED. An amended opinion is filed...
OPINION Opinion by Judge Schroeder . INTRODUCTION California has extensive laws regulating the sale and purchase of firearms. The State now appeals the district court's judgment in favor of Plaintiffs in their Second Amendment challenge to the State's law establishing a 10-day waiting period for all lawful purchases of guns. This case is a challenge to the application of the full 10-day waiting period to those purchasers who have previously purchased a firearm or have a permit to carry...
ORDER Plaintiffs in the case appeal a district court's order dismissing claims that a California law violates the Bill of Attainder Clause, U.S. Const. art. I, 10, cl. 1 (the "bill of attainder claim"), and the Equal Protection Clause, U.S. Const. amend. XIV, 1 (the "equal protection claim"). We conclude that the district court correctly dismissed the bill of attainder claim, but erroneously dismissed the equal protection claim. We therefore AFFIRM in part and REVERSE in part, and...
OPINION THOMAS , Chief Judge : In this case we are asked to decide whether an intervenor can continue to litigate as the sole remaining party in a bankruptcy proceeding involving his own claim, when the original party who represented his interest, and whose adversary complaint he adopted without filing his own, was dismissed for failure to prosecute. Because we conclude that he can proceed, we reverse and remand. I This appeal, the second in this bankruptcy proceeding, concerns Augustine...
OPINION FISHER , Circuit Judge : The defendant, Joseph Brent Loftis, has been charged with five counts of wire fraud. The government alleges Loftis victimized investors through false representations about his oil business. The indictment charges a broad scheme to defraud, spanning six years, several states and numerous alleged victims. Each of the five counts in the indictment pertains to a particular wire transfer in which a defrauded investor wired money to Loftis. These five uses of the...
OPINION WHYTE , District Judge : Appellants Japanese Village, LLC and Today's IV, Inc. dba Westin Bonaventure Hotel ("Bonaventure") appeal from the district court's grant of summary judgment in favor of Appellees on Appellants' claims under the National Environmental Policy Act, 42 U.S.C. 4321 ("NEPA"). Appellants argue that Appellees' 1 environmental impact analysis for a new underground light rail line project in downtown Los Angeles was inadequate. We affirm. I. FACTUAL AND...
OPINION OWENS , Circuit Judge : Mohamed Osman Mohamud appeals from his conviction for attempting to detonate a large bomb during the annual Christmas Tree Lighting Ceremony in Pioneer Courthouse Square in downtown Portland, Oregon, in violation of 18 U.S.C. 2332a(a)(2)(A). We have jurisdiction under 28 U.S.C. 1291, and we affirm. 1 I. FACTUAL BACKGROUND A. Mohamud's Activities Before Contact with the FBI In many respects, Mohamud was like any other American teenager. He liked music,...
OPINION CALLAHAN , Circuit Judge : Wilfredo Garay Reyes, a native and citizen of El Salvador, petitions for review of a precedential Board of Immigration Appeals ("BIA") opinion in Matter of W-G-R-, 26 I. & N. Dec. 208 (BIA 2014), wherein the BIA dismissed Garay's appeal from an Immigration Judge's ("IJ") denial of Garay's applications for withholding of removal and relief from removal under Article 3 of the Convention Against Torture ("CAT relief"). 1 Garay claims he is entitled to...
OPINION KOZINSKI , Circuit Judge : We consider whether, under Barton v. Barbour, 104 U.S. 126 , 14 Otto 126, 26 L.Ed. 672 (1881), a plaintiff must obtain a bankruptcy court's permission before suing a member of the Unsecured Creditors' Committee (UCC) in district court, and whether bankruptcy courts have authority to enter a final judgment on Barton claims. BACKGROUND This is but the latest chapter in the long-running saga of the Yellowstone Mountain Club bankruptcy litigation. See...
OPINION HURWITZ , Circuit Judge : In this case, the plaintiff claimed copyright infringement. But the contents of the copyrighted work and the allegedly infringing works were never introduced into evidence. The district court held that the claim failed as a matter of law. We agree, and affirm. I. Background Robin Antonick developed the computer code for the original John Madden Football game for the Apple II computer ("Apple II Madden"). Electronic Arts, Inc. ("EA") released Apple II...
OPINION CALLAHAN , Circuit Judge : The citizens of Maui County voted into law an ordinance banning the cultivation and testing of genetically engineered (GE) plants. We must decide whether the ban is preempted by federal and state law, as the district court held below. We hold that the ordinance is expressly preempted by the Plant Protection Act, 7 U.S.C. 7756(b), to the extent that it bans GE plants that the U.S. Animal and Plant Health Inspection Service (APHIS) regulates as plant...
ORDER The opinion filed on October 19, 2016, and published at 2016 WL 6091565, is amended by the opinion filed concurrently with this order. No future petitions for rehearing are allowed. OPINION PER CURIAM . We consider whether the district court abused its discretion by denying (1) plaintiffs' motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(1), and (2) the school district's motion for attorney's fees under the California Public Records Act. FACTS Mary Doe,...
OPINION GRABER , Circuit Judge : California enacted laws and regulations prescribing standards for the conditions under which chickens must be kept in order for their eggs to be sold in the state. Plaintiffs are six states, which sued to block enforcement of those laws and regulations before they took effect. We agree with the district court that Plaintiffs lacked standing to bring this case as parens patriae. We also hold that the district court did not err in denying Plaintiffs leave...
OPINION BYBEE , Circuit Judge : After the California Supreme Court denied Steven Fue's direct appeal from his conviction for carjacking, Fue had one year in which to file a federal habeas corpus petition. Instead, Fue filed a state habeas petition, which tolled the time for filing his federal petition. When Fue finally filed his federal habeas petition, the district court dismissed it as untimely. Fue argues that he is entitled to equitable tolling because the California Supreme Court...
