California Sea Urchin Comm'n. v. Michael Bean

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CALIFORNIA SEA URCHIN No. 15-56672 COMMISSION; CALIFORNIA ABALONE ASSOCIATION; COMMERCIAL D.C. No. FISHERMEN OF SANTA BARBARA, 2:14-cv-08499-

Plaintiffs-Appellants, JFW-CW

v.

MICHAEL BEAN, in his official capacity as Acting Assistant Secretary for Fish & Wildlife & Parks, Department of Interior; DEPARTMENT OF INTERIOR; DANIEL M. ASHE, in his official capacity as Director of the United States Fish & Wildlife Service; UNITED STATES FISH & WILDLIFE SERVICE, Defendants-Appellees,

and

CENTER FOR BIOLOGICAL DIVERSITY; DEFENDERS OF WILDLIFE; ENVIRONMENTAL DEFENSE CENTER; FRIENDS OF THE SEA OTTER; HUMANE SOCIETY OF THE UNITED STATES; LOS ANGELES WATERKEEPER; THE OTTER PROJECT, Intervenor-Defendants-Appellees.

2 CAL. SEA URCHIN COMM’N V. BEAN

CALIFORNIA SEA URCHIN No. 17-55428 COMMISSION; CALIFORNIA ABALONE ASSOCIATION; CALIFORNIA LOBSTER D.C. No. AND TRAP FISHERMEN’S 2:13-cv-05517- ASSOCIATION; COMMERCIAL DMG-CW FISHERMEN OF SANTA BARBARA, Plaintiffs-Appellants,

ORDER

v.

RACHEL JACOBSON, in her official capacity as Acting Assistant Secretary for Fish and Wildlife & Parks, Department of Interior; U.S. DEPARTMENT OF THE INTERIOR; DANIEL M. ASHE, in his official capacity as Director of the United States Fish and Wildlife Service; UNITED STATES FISH AND WILDLIFE SERVICE, Defendants-Appellees,

FRIENDS OF THE SEA OTTER; HUMANE SOCIETY OF THE UNITED STATES; DEFENDERS OF WILDLIFE; CENTER FOR BIOLOGICAL DIVERSITY; THE OTTER PROJECT; ENVIRONMENTAL DEFENSE CENTER; LOS ANGELES WATERKEEPER, Intervenor-Defendants-Appellees.

CAL. SEA URCHIN COMM’N V. BEAN 3

Filed April 18, 2018

Before: Kim McLane Wardlaw and Ronald M. Gould, Circuit Judges, and Lawrence L. Piersol, * District Judge.

ORDER

The opinion in the above-captioned matter filed on March 1, 2018, is amended as follows:

At slip opinion page 11, lines 27–30, delete the words <In 2009, Friends of the Sea Otter and other environmental organizations sued the Service for unreasonable delay in terminating the translocation program. Cal. Sea Urchin Comm’n, 828 F.3d at 1048.> and replace them with <In 2009, The Otter Project and Environmental Defense Center sued the Service for unreasonable delay in terminating the translocation program.>

At slip opinion page 11, line 32, delete <Id.>.

IT IS SO ORDERED.

*

The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota, sitting by designation.