Just got this in an email:
Dear Fellow ASA Member,
In an unexpected and interesting turn of events, we received today a NOTICE OF APPEAL from the Department of Justice requesting that the Ninth Circuit Court review and overturn Judge Illston's decision in the ISDRA litigation.
Keep in mind that the Notice of Appeal is a one-page document that simply alerts the court that appellate review has been requested. We won't know what arguments BLM and FWS are going to make until they file their briefs.
Our attorney, Dave Hubbard, called Mike Eitel, the DOJ lawyer, but there was very little information that he could provide.
Dave did tell him, however, that we would likely file briefs in support of the appeal when the time came and he was pleased to have our help.
More as it unfolds.
Thank you,
The American Sand Association
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