Alaska Wilderness v. Kempthorne

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 6, 2009
• Docket: 07-71457
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

ALASKA WILDERNESS LEAGUE;  NATURAL RESOURCES DEFENSE COUNCIL, INC.; PACIFIC ENVIRONMENT AND RESOURCES CENTER,

v. Petitioners,  No. 07-71457

DIRK KEMPTHORNE, et al., Respondent, SHELL OFFSHORE, INC., Respondent-Intervenor. 

RESISTING ENVIRONMENTAL  DESTRUCTION ON INDIGENOUS LANDS, A PROJECT OF THE INDIGENOUS ENVIRONMENTAL NETWORK; CENTER FOR BIOLOGICAL DIVERSITY AND SIERRA CLUB, Petitioners,  No. 07-71989 v. DIRK KEMPTHORNE, et al., Respondent, SHELL OFFSHORE, INC., Respondent-Intervenor. 

2807 2808 ALASKA WILDERNESS v. KEMPTHORNE

NORTH SLOPE BOROUGH; ALASKA  ESKIMO WHALING COMMISSION, Petitioners, No. 07-72183  v. DOI No. 2007-152 DIRK KEMPTHORNE, et al., Respondent, ORDER SHELL OFFSHORE, INC., Respondent-Intervenor.  Filed March 6, 2009

Before: Dorothy W. Nelson, Stephen Reinhardt, and Carlos T. Bea, Circuit Judges.

ORDER

The opinion and dissent filed on November 20, 2008, and published at 548 F.3d 815 (9th Cir. 2008), are hereby vacated and withdrawn. Respondents’ petition for rehearing and sug- gestion for rehearing en banc is denied as moot. All pending motions to file amicus briefs in support of rehearing are like- wise denied as moot. The opinion vacated and withdrawn will be replaced by a new opinion. Our denial of the petition for rehearing with suggestion for rehearing en banc is made with- out prejudice to any party who may wish to file a petition for rehearing or petition for rehearing en banc with regard to the new opinion.

SO ORDERED. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.