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2023 Interior Dec. (IBLA) 198 IBLA 147 (2023)

handle is hein.amindian/ibla2023 and id is 1 raw text is: United States Department of the Inter2 Offi e of ea ringsl and Appei s Interior Bo ppd of L f Appe iaL 801 N. Quin ey Street, Suite 300 Arling on, VA 22:03 UMPQUA WATERSHEDS, INC. IBLA 2017-234 Decided January 25, 2023 Motion to dismiss as moot an appeal of a decision denying Umpqua Watersheds' protest of the Bureau of Land Management's approval of the Semaphore Timber Sale. ORR05-TS-2017.0005. Motion to dismiss granted; appeal dismissed as moot. APPEARANCES: Angela D. Jensen, Esq., Conservation/Legal Director, Roseburg, Oregon, for Umpqua Watersheds, Inc.; Sarah B. Bickford, Field Manager, South River Field Office, Roseburg, Oregon, for the Bureau of Land Management; Dominic M. Carollo, Esq., Roseburg, Oregon, for Boulder Creek Timber Company. OPINION BY ACTING DEPUTY CHIEF ADMINISTRATIVE JUDGE IDZIOREK Umpqua Watersheds, Inc., appealed and petitioned to stay the effect of a June 13, 2017, decision issued by the South River Field Office, Roseburg District, Bureau of Land Management (BLM). In that decision, BLM denied Umpqua Watersheds' protest of BLM's approval of the Semaphore Timber Sale in southwestern Oregon. By order dated March 4, 2022, we requested that the parties provide supplemental briefing addressing the status of the timber sale and related activities, whether the appeal is moot, and if moot, whether the issues raised in the appeal are capable of repetition and evading review such that we should reach the merits of the appeal.1 The parties provided briefing in response to that order, and based on that briefing and the record before us, we dismiss the appeal. SUMMARY The Board will dismiss an appeal as moot when, as a result of events occurring after the appeal is filed, there is no effective relief the Board can give an appellant. But the Board may adjudicate a moot appeal if there are issues raised in the appeal that are capable of repetition yet likely to evade review in the future. The party asserting that this exception to mootness applies has the burden of demonstrating that the issues it raises 1 Supplemental Briefing Ordered (Mar. 4, 2022) (Supplemental Briefing Order). 198 IBLA 147

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