United States v. Alder Creek Water Co., 823 F.2d 343 (1987). · Go Syfert
United States v. Alder Creek Water Co., 823 F.2d 343 (1987). Cases Citing This Book View Copy Cite
44 citation events (19 in the last 25 years) across 10 distinct courts.
Strongest positive: Ortega v. City Of San Jose (cand, 2023-02-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ortega v. City Of San Jose
N.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
a case becomes moot when interim relief or 12 events have deprived the court of the ability to redress the party's injuries.
discussed Cited as authority (verbatim quote) Martin v. Dahlstrom
D. Alaska · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries.
discussed Cited as authority (verbatim quote) (HC) Rodriguez v. Lizzaraga
E.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a case becomes moot when interim relief or events have deprived the court of the ability to redress 9 the party's injuries.
discussed Cited as authority (verbatim quote) Kon v. State of Alaska
D. Alaska · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
a case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries.
discussed Cited as authority (rule) Wilson Domingo Guzman Perez v. Warden, et al.
C.D. Cal. · 2026 · confidence medium
No. 17.) “A case becomes moot when interim relief or events have deprived the court of the ability to redress the party’s injuries.” United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir. 1987); see also NASD Disp.
discussed Cited as authority (rule) Tang v. Mayorkas
S.D. Cal. · 2023 · confidence medium
“A case becomes moot when interim relief or events 9 have deprived the court of the ability to redress the party’s injuries.” United States v. Alder 10 Creek Water Co., 823 F.2d 343, 345 (9th Cir. 1987) (citations omitted).
discussed Cited as authority (rule) Mayes v. Biden
D. Ariz. · 2022 · confidence medium
“A case becomes moot when 26 interim relief or events have deprived the court of the ability to redress the party’s 27 injuries.” United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir. 1987); see 28 also Powell v. McCormack, 395 U.S. 486, 496 (1969) (“Simply stated, a case is moot 1 when the issues presented are no longer ‘live’ or the parties lack a legally cognizable 2 interest in the outcome.”). 3 Defendants claim Plaintiffs’ challenge to the use of NTRs is moot because, on 4 November 2, 2021, United States Customs and Border Protection (“CBP”) issued a 5 me…
discussed Cited as authority (rule) United States v. Asset Based Resource Group, LLC
8th Cir. · 2010 · confidence medium
See also In re Van Iperen, 819 F.2d at 190-91 ; United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) (holding “defendants’ challenges to the validity of the receivership, sale of the assets, [and] subsequent disbursement of funds” were moot: the defendants did not seek or obtain stays, and there was “no reasonable way to undo the sales transaction and its many consequences----”); McFarland v. Winnebago South, Inc., 2004 WL 1918813 , at *1 (8th Cir.2004) (unpublished) (per curiam) (holding, in a receivership, that the “appeal from the order declining to withhold …
cited Cited as authority (rule) Hobbs v. Sprague
N.D. Cal. · 2000 · confidence medium
“A case becomes moot when interim relief or events have deprived the court of the ability to redress the party’s injuries.” United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987).
discussed Cited as authority (rule) Cook Inlet Treaty Tribes v. Shalala
9th Cir. · 1999 · confidence medium
Partnership v. United States, 820 F.2d 308, 311 (9th Cir.1987) (“When intervening legislation has settled a controversy involving only injunctive or declaratory relief, the controversy has become moot.”); United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) (“A case becomes moot when interim relief or events have deprived the court of the ability to redress the party’s injuries.”).
discussed Cited as authority (rule) 99 Cal. Daily Op. Serv. 785, 1999 Daily Journal D.A.R. 961 Cook Inlet Treaty Tribes Chickaloon Native Village Eklutna Native Village Ninilchik Native Village Seldovia Village Tribe and Knik Tribe v. Donna E. Shalala, Secretary of Health and Human Services, and Southcentral Foundation and Cook Inlet Region, Inc., Intervenors-Defendants-Appellees
9th Cir. · 1999 · confidence medium
Partnership v. United States, 820 F.2d 308, 311 (9th Cir.1987) ("When intervening legislation has settled a controversy involving only injunctive or declaratory relief, the controversy has become moot."); United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) ("A case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries."). 16 Even if the compact arguably required Village approval at the outset, Congress has now authorized CIRI, through SCF, to enter into contracts and the very funding agreements contemplated by the…
discussed Cited as authority (rule) City of Auburn v. United States Government
unknown court · 1998 · confidence medium
The record makes clear that ''interim relief or events have deprived the court of the ability to redress the party’s injuries.” United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987).
discussed Cited as authority (rule) In Re Pappas
2d Cir. BAP · 1998 · confidence medium
This is so because in a different context the Ninth Circuit has held that where "[a]ppellants neither sought nor obtained stays of the district court's interlocutory orders" a subsequent appeal of those interlocutory orders as part of a final judgment would be dismissed as moot where *650 "such a comprehensive change in circumstances [occurred which would] render it inequitable for this court to consider the merits of the appeal." United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) (citing Algeran, Inc. v. Advance Ross Corp., 759 F.2d 1421, 1423 (9th Cir.1985)).
discussed Cited as authority (rule) American Casualty Company of Reading, Pennsylvania, and Continental Casualty Company Cna Financial Corporation Cna Insurance Companies, Counterclaim-Defendants-Appellants v. Joe G. Baker Verne F. Potter William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris John E. Egdahl Walter L. Huckabay Joe D. McCarthy Franklin D. Hatridge James D. Stroffe Bruce Kehrli Peter T. Fletcher Bernard Baker, Resolution Trust Corporation, Defendant-Intervenor. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Ernest W. Baker, and Peter T. Fletcher, Resolution Trust Corporation, Defendant-Intervenor. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Verne F. Potter William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris John E. Egdahl Walter L. Huckabay Joe D. McCarthy James D. Stroffe Bruce Kehrli Peter T. Fletcher Bernard Baker, and Franklin D. Hatridge Defendant-Counter-Claimant-Appellant v. Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants-Appellees, and Resolution Trust Corporation, Defendant-Intervenor. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Verne F. Potter William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris John E. Egdahl Walter L. Huckabay Joe D. McCarthy Franklin D. Hatridge James D. Stroffe Bruce Kehrli Peter T. Fletcher, Bernard Baker, Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants, Resolution Trust Corporation, Defendant-Intervenor. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Verne F. Potter John E. Egdahl Walter L. Huckabay Joe D. McCarthy Franklin D. Hatridge James D. Stroffe Bruce Kehrli Peter T. Fletcher Bernard Baker, William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris, Jr., Defendants-Counter-Claimants-Appellants, Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants, Resolution Trust Corporation, Defendant-Intervenor. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Verne F. Potter William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris John E. Egdahl Walter L. Huckabay Joe D. McCarthy Franklin D. Hatridge James D. Stroffe Bruce Kehrli Peter T. Fletcher Bernard Baker, Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants-Appellees, Resolution Trust Corporation, Defendant-Intervenor-Appellant. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Verne F. Potter William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris Franklin D. Hatridge James D. Stroffe Bruce Kehrli Peter T. Fletcher Bernard Baker, John E. Egdahl Walter L. Huckabay Joe D. McCarthy Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants-Appellees, Resolution Trust Corporation, Defendant-Intervenor. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Verne F. Potter, Defendants-Counter-Claimants-Appellants, William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris John E. Egdahl Walter L. Huckabay Joe D. McCarthy Franklin D. Hatridge James D. Stroffe Bruce Kehrli Peter T. Fletcher Bernard Baker, Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants, Resolution Trust Corporation, Defendant-Intervenor. American Casualty Company of Reading, Pennsylvania, Plaintiff-Appellee-Cross-Appellant v. Joe G. Baker Verne F. Potter William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris John E. Egdahl Walter L. Huckabay Joe D. McCarthy Franklin D. Hatridge James D. Stroffe Bruce Kehrli Peter T. Fletcher Bernard Baker, Defendants-Appellants-Cross-Appellees, Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants-Appellees-Cross-Appellants, Resolution Trust Corporation, Defendant-Intervenor-Appellant-Cross-Appellee. American Casualty Company of Reading, Pennsylvania v. Joe G. Baker Verne F. Potter William E. Leonard James C. Roberts Frank Purcell, Jr. Joe Sax H. Cedric Roberts Ernest W. Baker Harold Harris John E. Egdahl Walter L. Huckabay Joe D. McCarthy Franklin D. Hatridge Peter T. Fletcher Bernard Baker, Bruce A. Kehrli James D. Stroffe, Continental Casualty Company Cna Financial Corp. Cna Insurance Co., Counter-Defendants, Resolution Trust Corporation, Defendant-Intervenor
9th Cir. · 1994 · confidence medium
Because the Coverage Order was just such a final determination (and because we affirm that order), we dismiss as moot CNA's appeal and vacate the Advancement Order. 15 82 "A case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries." United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987).
discussed Cited as authority (rule) American Casualty Co. v. Baker
9th Cir. · 1994 · confidence medium
Because the Coverage Order was just such a final determination (and because we affirm that order), we dismiss as moot CNA’s appeal and vacate the Advancement Order. 15 “A case becomes moot when interim relief or events have deprived the court of the ability to redress the party’s injuries.” United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987).
discussed Cited as authority (rule) Robert S. Rivkin v. Donald B. Rice, Secretary of the Air Force
9th Cir. · 1992 · confidence medium
"A case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries." United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987). 4 DeFunis v. Odegaard, 416 U.S. 312 (1974), compels our conclusion that Rivkin's case is moot.
cited Cited as authority (rule) Independent Union of Flight Attendants v. Pan American World Airways, Inc., and Pan Am Corporation
9th Cir. · 1992 · confidence medium
Because IUFA has withdrawn its grievance, we have been “deprived ... of the ability to redress [IUFA’s] injuries.” United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987).
discussed Cited as authority (rule) Pyramid Lake Paiute Tribe of Indians v. Hodel
9th Cir. · 1989 · confidence medium
As we said in United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987), a "case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries." In Garcia v. Lawn, 805 F.2d 1400, 1403 (9th Cir.1986), we said, "the question is not whether the precise relief sought at the time the application for an injunction was filed is still available.
discussed Cited as authority (rule) Pyramid Lake Paiute Tribe of Indians v. Donald P. Hodel, Secretary of the Interior v. Truckee-Carson Irrigation District Newlands Project Water Rights Holders State of Nevada Fallon Paiute-Shoshone Tribes, Defendants-Intervenors-Appellees
9th Cir. · 1989 · confidence medium
We conclude it has not. 17 As we said in United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987), a "case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries." In Garcia v. Lawn, 805 F.2d 1400, 1403 (9th Cir.1986), we said, "the question is not whether the precise relief sought at the time the application for an injunction was filed is still available.
discussed Cited "see" Elena Andreea Serban et al v. James Janecka et al
C.D. Cal. · 2026 · signal: see · confidence high
See United States v. Alder Creek Water Co. (“A case becomes moot when interim relief or events have deprived the court of the ability to redress the party’s injuries.”), 823 F.2d 343 , 345 (9th Cir. 1987); see also NASD Disp.
discussed Cited "see" Securities and Exchange Commission, and Fritz Ott Bill R. Frisbie, Claimants-Appellants v. National Real Estate Fund (2×) also: Cited "see, e.g."
9th Cir. · 1992 · signal: see · confidence high
See Alder Creek Water Co., 823 F.2d at 345 (dismissing appeal challenging validity of receivership because appellants failed to obtain stay, numerous changes had occurred since receivership was imposed, and consequences of changes could not be undone in reasonable manner).
discussed Cited "see, e.g." Gte California, Inc. v. Federal Communications Commission
unknown court · 1994 · signal: see also · confidence medium
"To satisfy the Article III case-or-controversy requirement, a litigant must have suffered some actual injury that can be redressed by a favorable judicial decision." Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67, 70 , 104 S.Ct. 373, 375 , 78 L.Ed.2d 58 (1983) (per curiam); see also Pomerantz v. County of Los Angeles, 674 F.2d 1288, 1291 (9th Cir.1982) ("The only constitutional mootness question is whether a live controversy remains at the time this court reviews the case." (internal quotations and brackets omitted).) "Where events have occurred that prevent us from granting effective relief,…
discussed Cited "see, e.g." GTE California, Inc. v. Federal Communications Commission
unknown court · 1994 · signal: see also · confidence medium
“To satisfy the Article III case-or-controversy requirement, a litigant must have suffered some actual injury that can be redressed by a favorable judicial decision.” Iron Arrow Honor Soc’y v. Heckler, 464 U.S. 67, 70 , 104 S.Ct. 373, 375 , 78 L.Ed.2d 58 (1983) (per curiam); see also Pomerantz v. County of Los Angeles, 674 F.2d 1288, 1291 (9th Cir.1982) (“The only constitutional mootness question is whether a live controversy remains at the time this court reviews the ease.” (internal quotations and brackets omitted).) ‘Where events have occurred that prevent us from granting effec…
discussed Cited "see, e.g." Clow v. Department of Housing and Urban Development
9th Cir. · 1991 · signal: see also · confidence medium
See DeFunis v. Odegaard, 416 U.S. 312, 317 , 94 S.Ct. 1704, 1706 , 40 L.Ed.2d 164 (1974) (per curiam) (" 'Where the activities sought to be enjoined have already occurred, and the appellate courts cannot undo what has already been done, the action is moot.' "); Headwaters, Inc. v. Bureau of Land Management, 893 F.2d 1012, 1015 (9th Cir.1989) (quoting Friends of the Earth, Inc. v. Bergland, 576 F.2d 1377, 1379 (9th Cir.1978)); see also United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) ("A case becomes moot when interim relief or events have deprived the court of the abili…
discussed Cited "see, e.g." Clow v. U.S. Department of Housing & Urban Development
9th Cir. · 1991 · signal: see also · confidence medium
See DeFunis v. Odegaard, 416 U.S. 312, 317 , 94 S.Ct. 1704, 1706 , 40 L.Ed.2d 164 (1974) (per curiam) (“ ‘Where the activities sought to be enjoined have already occurred, and the appellate courts cannot undo what has already been done, the action is moot.’ ”); Headwaters, Inc. v. Bureau of Land Management, 893 F.2d 1012, 1015 (9th Cir.1989) (quoting Friends of the Earth, Inc. v. Bergland, 576 F.2d 1377, 1379 (9th Cir.1978)); see also United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) (“A case becomes moot when interim relief or events have deprived the court of…
discussed Cited "see, e.g." State of Nevada v. Watkins
9th Cir. · 1991 · signal: see also · confidence medium
See Garcia v. Lawn, 805 F.2d 1400, 1402 (9th Cir.1986); see also United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) ("A case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries."). 9 The Secretary presents two arguments for why no effective relief is available to Nevada.
discussed Cited "see, e.g." Nevada v. Watkins
9th Cir. · 1991 · signal: see also · confidence medium
See Garcia v. Lawn, 805 F.2d 1400, 1402 (9th Cir.1986); see also United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir.1987) ("A case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries.").
cited Cited "see, e.g." Hillblom v. United States
N. Mar. I. · 1988 · signal: see, e.g. · confidence medium
See, e. g., United States v. Alder Creek Water Co., 823 F.2d 343, 345 (9th Cir. 1987); N.A.A.C.P., Western Region v. City of Richmond, 743 F. 2d 1346, 1352-1353 (9th Cir. 1984).
Retrieving the full opinion text from the archive…
United States of America, and Alder Creek Water Users Association, Plaintiff/intervenor-Appellee
v.
Alder Creek Water Company, AKA Alder Creek Water Company, Inc., and Gerald I. Bennett AKA \Red\" Bennett

823 F.2d 343

26 ERC 1369, 17 Envtl. L. Rep. 21,095

UNITED STATES of America, Plaintiff-Appellee,
and
Alder Creek Water Users Association, Plaintiff/Intervenor-Appellee,
v.
ALDER CREEK WATER COMPANY, aka Alder Creek Water Company,
Inc., and Gerald I. Bennett aka "Red" Bennett,
individually Defendants-Appellants.

No. 85-4203.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted Nov. 6, 1986.
Decided July 29, 1987.

Brian W. O'Brien, Gerald Bennett, Portland, Or., for defendants-appellants.

Dirk D. Snel and Barbara Lither, Seattle, Wash., Edward J. Sullivan, Portland, Or., for plaintiff-appellee.

Appeal from the United States District Court for the District of Oregon.

Before ANDERSON, HUG and CANBY, Circuit Judges.

CANBY, Circuit Judge:

OVERVIEW

[*~343]1

The United States initiated an action for injunctive relief and civil penalties against Alder Creek Water Company (Company) and its president and principal stockholder Gerald Bennett. Through a series of interlocutory orders, the district court placed the defendant Company in an equitable receivership, authorized sale of the Company's assets to the Alder Creek Water Authority (Authority), and terminated the receivership. Final judgment was entered on Aug. 1, 1985. Defendants Bennett and the Company appeal from the final judgment and all previous orders. They seek to set aside the receivership and return the assets of the Company to Bennett. Bennett also contends that the assessment of $6,200 in civil penalties for violations of the Safe Drinking Water Act, imposed in addition to his contempt sentence, violated his constitutional protections against double jeopardy. We dismiss some claims for lack of standing and others as moot. We affirm the remaining claims.FACTS

2

The United States on behalf of the Environmental Protection Agency (EPA) brought an action against the Company and Bennett under the Safe Drinking Water Act, 42 U.S.C. Secs. 300f to 300j-10, alleging that the defendants were supplying unsafe and inadequately purified water. A preliminary injunction issued on November 6, 1979, ordering the defendants to take specific steps to bring the water supply into compliance with EPA regulations. Because of repeated violations of the preliminary injunction, contempt orders were issued against the defendants. Bennett was conditionally sentenced to ten days in jail for contempt. Judge Solomon subsequently stayed the order.

3

At the request of the United States, the district court placed the Company in equitable receivership on Sept. 26, 1980. The receivership order directed Bennett to turn over all Company records and assets to the receiver. The court directed the receiver to evaluate the water system's current condition and to take steps to correct any deficiencies. Gene T. Ginther was appointed as the receiver, a position he held until the district court ordered Ginther relieved as receiver effective Aug. 1, 1982.

4

Early in 1982, the Alder Creek Water Users Association (Association) intervened in the case. The Association was instrumental in the formation of the Alder Creek Water Authority. The Association was highly critical of Ginther's administration of the receivership. It negotiated with Ginther and, with the concurrence of the United States, presented to the court a proposed order appointing the Authority as substitute receiver and setting the terms for the sale of the Company assets to the Authority. As adopted by the court on July 27, 1982, the order specified that the Authority would deliver to the court $72,000 to purchase the Company assets. A supplemental order on Aug. 25, 1982 authorized payment of Ginther from the sale proceeds upon motion and hearing as to the reasonableness of the requested fees. On Feb. 15, 1983 the court issued an order stating that the Authority had remitted the $72,000 to the court, the title to the assets of the Company had vested in the Authority, the receivership was terminated, and the $72,000 principal plus interest would be distributed after the court resolved the question of receivers' fees. On July 29, 1983, the district court allocated the proceeds from the sale of the Company assets to the Authority as follows: Ginther, who had received $64,245 in connection with the receivership[1] was awarded no additional funds out of the proceeds;[2] Ward Greene, Ginther's attorney, was awarded $6,234.65; the Authority, for its activities as receiver was awarded $15,100; the Authority's attorney was awarded $12,000; and the remaining $38,665.35 was allocated to the Company as its net proceeds from the sale.

[*~344]5

Bennett appealed the interlocutory orders of July 27, 1982, Aug. 25, 1982, Feb. 15, 1983 and July 29, 1983 on his own behalf and also appealed the Company's notice of appeal on behalf of the Company. On Feb. 9, 1984, this court dismissed these appeals on the grounds that the Company's notice of appeal was untimely filed and that Bennett lacked standing to challenge the other orders. United States v. Alder Creek Water Co., No. 82-3533 (9th Feb. 9, Cir.1984) (Alder Creek I ) [730 F.2d 770 (Table) ].

6

The United States brought a motion for summary judgment against Bennett and the Company for violations of the Safe Drinking Water Act. Partial summary judgment was entered against the defendants for 1,064 violations of seven regulations issued pursuant to the Act. Defendants were found in willful violation and were assessed $6,200 in civil penalties. On June 21, 1984, the court ordered that the unsatisfied penalties be paid from the net sale proceeds of the Company, still held by the district court in the absence of any request to release them. On Aug. 5, 1985, the district court dismissed any remaining claims and entered final judgment.

7

On appeal the defendants challenge the appointment of a receiver, sale of the Company's assets, and disbursement of the funds received from the sale. In addition, Bennett appeals his civil penalties as violative of his constitutional right against double jeopardy.

Standing

8

Bennett previously appealed four interlocutory orders that are at issue in the instant appeal. United States v. Alder Creek Water Co., No. 82-3533 (9th Cir. Feb. 9, 1984) (Alder Creek I ). The law of the case "should be followed unless there is ... new controlling authority, or the prior decision was clearly erroneous and would result in injustice." Handi Investment Co. v. Mobil Oil Corp., 653 F.2d 391, 392 (9th Cir.1981) (citing Kimball v. Callahan, 590 F.2d 768, 771-72 (9th Cir.), cert. denied 444 U.S. 826, 100 S.Ct. 49, 62 L.Ed.2d 33 (1979)). In Alder Creek I, we held that Bennett lacked standing to seek redress for the corporation's injuries. Id., slip op. at 3. We adhere to that ruling.

Mootness

[*345]9

The next question is whether the Company's challenges to the validity of the receivership, sale of the assets, and disbursement of funds are moot. A case becomes moot when interim relief or events have deprived the court of the ability to redress the party's injuries. See e.g., DeFunis v. Odegaard, 416 U.S. 312, 316, 94 S.Ct. 1704, 1705, 40 L.Ed.2d 164 (1974); N.A.A.C.P., Western Region v. City of Richmond, 743 F.2d 1346, 1352-53 (9th Cir.1984). Although an interlocutory order may be appealable at the time of final judgment, failure to obtain a stay pending appeal may permit the occurrence of "such a comprehensive change in circumstances as to render it inequitable for this court to consider the merits of the appeal." Algeran, Inc. v. Advance Ross Corp., 759 F.2d 1421, 1423 (9th Cir.1985) (quoting In re Roberts Farms, Inc., 652 F.2d 793, 798 (9th Cir.1981)). Appellants neither sought nor obtained stays of the district court's interlocutory orders in this case.

10

Numerous changes have occurred since the Authority took control of the water system. The Authority hired a consulting company to assist in the management of the Company and produce compliance with state and federal water laws. General obligation bonds were sold to finance acquisition of the assets of the Company. The assets were then sold, and most of the proceeds have been distributed. The Authority negotiated a compliance agreement between the EPA and the water users. Testing was done regularly to ensure the absence of contamination. Plans were formed for financing and implementing long-term improvements. Water users donated time and money. The Authority was able to effect compliance with the Safe Drinking Water Act within four months. There is no reasonable way to undo the sales transaction and its many consequences at this time. These equitable considerations prevent us from examining the defendants' challenges to the validity of the receivership, sale of the assets, or subsequent disbursement of funds.

Double Jeopardy Claim

11

The sole remaining issue on appeal is whether Bennett's constitutional rights were violated when he was fined for willful failure to comply with the Safe Drinking Water Act. Bennett suggests that he was twice placed in jeopardy: first, when Judge Solomon entered judgment against him for contempt of court and, second, when Magistrate Juba imposed $6,200 in civil penalties against him for more than one thousand violations of the Safe Drinking Water Act. We find no merit to Bennett's claim.

12

"[P]unishments for contempt of court and a conviction under indictment for the same acts are not within the protection of the constitutional prohibition against double jeopardy." United States v. Lingo, 740 F.2d 667, 668 (8th Cir.1984) (citations omitted). Furthermore, Bennett was charged with and found responsible for civil rather than criminal violations of the Act. The actions of the district court in these proceedings did not subject Bennett to double jeopardy.

13

AFFIRMED.

1

Ginther's engineering firm had negotiated three contracts with the EPA in connection with the receivership. Payment of $29,850 to the firm represented payments for the work performed under these contracts. In addition, Ginther had taken $34,395 from the Company checking account

2

Ginther had presented the court with a bill for unpaid outstanding fees in the amount of $154,283.20