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Organized Village of Kake v. United States Dep't of Agriculture

United States Court of Appeals, Ninth Circuit

August 29, 2014

ORGANIZED VILLAGE OF KAKE; THE BOAT COMPANY; ALASKA WILDERNESS RECREATION AND TOURISM ASSOCIATION; SOUTHEAST ALASKA CONSERVATION COUNCIL; NATURAL RESOURCES DEFENSE COUNCIL; TONGASS CONSERVATION SOCIETY; GREENPEACE, INC.; WRANGELL RESOURCE COUNCIL; CENTER FOR BIOLOGICAL DIVERSITY; DEFENDERS OF WILDLIFE; CASCADIA WILDLANDS; SIERRA CLUB, Plaintiffs - Appellees,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE; UNITED STATES FOREST SERVICE; TOM VILSACK, in his official capacity as Secretary of Agriculture; HARRIS SHERMAN, in his official capacity as Under Secretary of Agriculture of Natural Resources and Environment; TOM TIDWELL, in his official capacity as Chief, USDA Forest Service, Defendants, ALASKA FOREST ASSOCIATION, INC., Intervenor-Defendant, and STATE OF ALASKA, Intervenor-Defendant - Appellant

D.C. No. 1:09-cv-00023-JWS.

For Organized Village of Kake, The Boat Company, Alaska Wilderness Recreation And Tourism Association, Southeast Alaska Conservation Council, Natural Resources Defense Council, Tongass Conservation Society, Greenpeace, Inc., Wrangell Resource Council, Center For Biological Diversity, Defenders of Wildlife, Cascadia Wildlands, Sierra Club, Plaintiffs - Appellees: Nathaniel S.W. Lawrence, Senior Attorney, Natural Resources Defense Council, Olympia, WA; Thomas S. Waldo, Earthjustice, Juneau, AK.

For United States Department of Agriculture, United States Forest Service, TOM VILSACK, in his official capacity as Secretary of Agriculture, HARRIS SHERMAN, in his official capacity as Under Secretary of Agriculture of Natural Resources and Environment, TOM TIDWELL, in his official capacity as Chief, USDA Forest Service, Defendants: Katherine Wade Hazard , Attorney, Doj - U.S. Department of Justice, Washington, DC.

For Alaska Forest Association, Inc., Intervenor-Defendant: Julie A. Weis, Esquire, Attorney, Haglund Kelley Jones & Wilder, LLP, Portland, OR.

For State of Alaska, Intervenor-Defendant - Appellant: Thomas E. Lenhart, Assistant Attorney General, Agak - Office of The Alaska Attorney General (Juneau), Juneau, AK.

For Alaska Forest Association, Inc., Amicus Curiae: Julie A. Weis, Esquire, Attorney, Haglund Kelley Jones & Wilder, LLP, Portland, OR.

ORDER

THOMAS, Circuit Judge.

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to

Page 1118

Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

Judge Berzon did not participate in the deliberations or vote in this case.


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