644 F.2d 790 | 9th Cir. | 1981
Appellant Navajo Tribe seeks an injunction to restrain the Secretary from carrying out a judicially and congressionally mandat
On this appeal Appellant argues that the stock reduction mandate could be harmonized with NEPA. However, after submission of this case on July 8, 1980, the stock reduction mandate was amended by Public Law 96-305, 94 Stat. 929, which reads in pertinent part: “Sec. 28(a) No action taken pursuant to, in furtherance of, or as authorized by this Act, as amended, shall be deemed a major Federal action for purposes of the National Environmental Policy Act of 1969, as amended.” Whether the district court’s interpretation of the statute as it read when Appellant brought its action was correct or not, this clear directive from Congress forecloses the possibility that it can obtain any relief. Hence, we dismiss this appeal as moot.