John Sturgeon v. Bert Frost

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JOHN STURGEON, No. 13-36165 Plaintiff-Appellant, D.C. No. v. 3:11-cv-00183- HRH HERBERT FROST, in his official capacity as Alaska Regional Director of the National Park Service; GREG ORDER DUDGEON; ANDEE SEARS; DAVID BERNHARDT, Secretary of the Interior; DAVID VELA, in his official capacity as Acting Director of the National Park Service; THE NATIONAL PARK SERVICE; THE UNITED STATES DEPARTMENT OF THE INTERIOR, Defendants-Appellees.

On Remand from the United States Supreme Court

Filed November 1, 2019

Before: Jerome Farris, Dorothy W. Nelson, and Jacqueline H. Nguyen, Circuit Judges.

2 STURGEON V. FROST

ORDER

Appellant John Sturgeon’s request for action is GRANTED. In light of the Supreme Court’s decision in Sturgeon v. Frost, 139 S. Ct. 1066 (2019), the opinion of this Court dated October 2, 2017, 872 F.3d 927, is VACATED and judgment is entered REVERSING the district court’s judgment. We remand this case to the district court with directions to enter judgment in favor of Sturgeon consistent with the Supreme Court’s opinion.

REVERSED and REMANDED.