September 7, 2015
A quick update to let everyone know that we are still working toward our October 19, 2015 - 9th Circuit Court of Appeals action. Our legal team has been working on this and have been answering questions for us that have come from our supporters. Here are a few answers to some questions on the process:
Are we (our case) first thing in the morning?
- Most likely we are one of a few cases that morning. Be prepared to spend from 9-12 in the court room.
Will we (our side) get the opportunity to speak or do the judges just ask questions?
- We will all get an opportunity (20 min per side) to present oral arguments/answer questions from the panel. (It’s a three-judge panel at the Ninth Circuit.)
Who goes first?
- We will go first, and can reserve time for rebuttal (after they go). Our portion of the hearing will only last about 40 minutes.
When will we know the outcome?
- It is not clear how quickly they will get a decision out. If they are inclined to agree with our side, it will probably be issued very quickly. If not, it might take more time. They will know which way they are going after the hearing, when the judges meet for a “conference” to discuss the cases before them that day.
Do we know who the judges are yet?
- We find out which judges are on our panel a week before the argument.
Why can't we bring up other issues at this time?
- Our case for the Appeal is just on the interpretation of the law by the Judge in District Court. In other words we are trying to get the Appeals court to rule that the District Court judge misinterpreted the law when this case was before the District Court. So nothing new can be introduced at this time. Should we prevail and get our injunction, we will then work toward our "Merits Hearing" and that will be the time to bring up all our additional arguments.
Will the Appeals judges grant the injunction if we are successful?
- The Appeals judges have that option, however another option is to agree with our side that the District Court Judge made an error and send our case back to that court to have that judge issue the injunction.
If there are any other questions please feel free to contact us and we will try and get you answers as soon as possible. If you can attend,
our court date is:
OCTOBER 19, 2015
UPPER SOUTH EAST COMMUNITIES COALITION v. US ARMY CORPS OF ENGINEERS, et al
James R Browning US Courthouse
95 7th St. San Francisco, CA
At this time there is still no word on the CLOMR from FEMA. As soon as we hear something about that we will let you know.