It’s funny what we consider a victory in court. So many times, victory isn’t a decision on the ultimate issue, it’s a procedural step that enables or delays an action.
Take, for example, last week’s Tenth Circuit Court of Appeals decision in Diné Citizens Against Ruining our Environment v. Klein, a case dealing with a mining permit. The Tenth Circuit ruled last week that it did not have jurisdiction to consider an issue that a district court remanded to a federal agency. There hasn’t been a decision on the ultimate issue, yet Diné Citizens Against Ruining Our Environment and San Juan Citizens Alliance (Citizens) are claiming victory.
So what exactly happened to prompt this talk of victory and defeat?