The following excerpt is from San Luis & Delta-Mendota Water Auth. v. United States Dep't of the Interior, 1:11-cv-00952 LJO GSA (E.D. Cal. 2012):
3. The concept of a "continuing practice," the presence of which precludes a threshold finding of mootness, is distinct from the concept of a wrong that is "capable of repetition but evading review," which is an exception to mootness that permits adjudication of otherwise moot cases. See Ctr. for Biol. Diversity v. Salazar, 2010 WL 4055568, *9 (N.D. Cal. Oct. 15, 2010) (separately addressing both concepts). The latter is discussed below.
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