Organized Village of Kake v. Agri

Opinion

FILED

FOR PUBLICATION AUG 29 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ORGANIZED VILLAGE OF KAKE; No. 11-35517 THE BOAT COMPANY; ALASKA WILDERNESS RECREATION AND D.C. No. 1:09-cv-00023-JWS TOURISM ASSOCIATION; SOUTHEAST ALASKA CONSERVATION COUNCIL; ORDER 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,

Page 2

ALASKA FOREST ASSOCIATION, INC.,

Intervenor-Defendant,

and

STATE OF ALASKA,

Intervenor-Defendant -

Appellant.

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 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.