Plaintiff Columbia Snake River Irrigators Association sued Defendants Secretary of Commerce, National Oceanic and Atmospheric Administration (“NOAA”) Fisheries, and the Regional Director of NOAA Fisheries, chal tion to consolidate this case with the NWF case. Plaintiff’s appeal of that issue, too, is moot. In 2005 Plaintiff filed a new action — not involved in this appeal — challenging the 2004 BiOp. That new action has been consolidated with the NWF litigation in the district court. Because the only extant BiOp is the 2004 BiOp, and because Plaintiffs action to challenge it has been consolidated pursuant to Plaintiffs request, no further relief is available. See Am. Rivers v. Nat’l Marine Fisheries Serv., 126 F.3d 1118, 1124 (9th Cir.1997) (<HOLDING>); Idaho Dep’t of Fish & Game v. Nat’l Marine
holding that purpose of stop was complete upon the issuance of the citation recognizing the importance of a determination on the merits with respect to the issuance of a permanent injunction recognizing that the issuance of a writ of mandamus is itself generally a matter of discretion holding that the issuance of a superseding biop moots a challenge to the prior biop holding that issuance of an order to show cause satisfied this requirement