Defenders of Wildlife Center for Biological Diversity v. United States Environmental Protection Agency

450 F.3d 394

Opinions

ORDER

The panel has voted to deny the petition for panel rehearing. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc. Fed. R. App. P. 35. The request for panel rehearing and rehearing en banc is DENIED. Judge Kozinski’s and Judge Kleinfeld’s dissents from denial of en banc rehearing, and Judge Berzon’s concurrence in denial of en banc rehearing, are filed concurrently herewith.