United States v. El Dorado County, et al, No. 11-17134 (9th Cir. 2013)
Annotate this CaseThis case arose out of a dispute between the government and the county concerning the clean up of an abandoned landfill. The government entered into a consent decree with the county and the county then moved to modify the decree. The district court suspended the decree pending further findings and the government appealed. The county later moved to dismiss for lack of jurisdiction, arguing that the order was not appealable because it was nonfinal. Because the government failed to satisfy the Carson v. Am. Brands, Inc. factors, the court held that it did not have jurisdiction at this time and dismissed the appeal.
Court Description: Jurisdiction / Final Order. The panel dismissed for lack of jurisdiction, due to lack of a final appealable order, an appeal from the district court’s order suspending a consent decree between the federal government and El Dorado County, pending further hearings. The panel held that if a district court order deals with a consent decree that has injunctive effects, an appeal from it should be analyzed under the requirements set out in Carson v. Am. Brands, Inc., 450 U.S. 79 (1981). The panel held that the federal government failed to satisfy the Carson factors, and concluded that the court lacked jurisdiction at this time to review the district court’s order.
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