NOTE: This order is nonprecedential. Gnited States Court of Appeals
for the federal Circuit
ROGUE RIVERKEEPER, A PROJECT OF THE
KLAMATH SISKTYOU WILDLANDS CENTER,
Plaintiff-Appellee,
Vv.
DONALD BEAN,
Defendant-Appellant.
2012-1107
Appeal from the United States District Court for the District of Oregon in Case No. 11-CV-3013, Magistrate Judge Mark D. Clarke.
ON MOTION
Before LOURIE, SCHALL, and Dyk, Circuit Judges.
ORDER
Rogue Riverkeeper moves to dismiss this appeal for lack of jurisdiction. Donald Bean opposes. Rogue Riverkeeper supplements its motion, and Bean opposes2 ROGUE RIVERKEEPER v. BEAN 2
the supplementation. Bean further moves to reform the caption.
Rogue Riverkeeper argues that this court lacks jurisdiction over this appeal because the order challenged is not final or appealable. Bean appeals the district court’s order denying his request to transfer the case to the United States Court of Federal Claims. Under 28 U.S.C, § 1292(d)(4)(A), this court has jurisdiction of an appeal from an interlocutory order of a district court “granting or denying, in whole or in part, a motion to transfer an action to the United States Court of Federal Claims.”
_ Summary afÏrmance of a case “is appropriate, inter alia, when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.” Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). We find that summary afÏrmance is appropriate here. Bean appeals the district court’s denial of transfer to the Court of Federal Claims, but the dispute below presents no issue over which the Court of Federal Claims has jurisdiction.
The complaint below includes citizens’ enforcement claims under the Clean Water Act and Resource Conservation and Recovery Act. These claims do not fall within the jurisdiction of the Court of Federal Claims. The district court did not err in denying transfer to the Court of Federal Claims.
Accordingly, It Is ORDERED THAT:
(1) The district court’s denial of transfer to the Court of Federal Claims is summarily afÏrmed.
(2) Bach side shall bear its own costs. (8) All pending motions are moot.
3ROGUE RIVERKEEPER v. BEAN
For THE Court
JUL 26 2012
!s/ Jan Horbaly Date dan Horbaly
Clerk
ce: Donald Bean D
RPPEALS FOR TT ERAL CIRCUIT US O
Ralph O. Bloemers, Esq.
s24 JUL 20 2012