Rivers Runners v. Alston

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 1, 2010
• Docket: 08-15112
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

RIVER RUNNERS FOR WILDERNESS;  ROCK THE EARTH; WILDERNESS WATCH; LIVING RIVERS, nonprofit corporations, Plaintiffs-Appellants, v. STEPHEN P. MARTIN, in his official capacity as Superintendent of Grand Canyon National Park; No. 08-15112 DIRECTOR OF THE NATIONAL PARK SERVICE; NATIONAL PARK SERVICE; D.C. No. KENNETH L. SALAZAR, in his official capacity as Secretary of  CV-06-00894-DGC District of Arizona, the U.S. Department of the Phoenix Interior; UNITED STATES ORDER DEPARTMENT OF THE INTERIOR; DIANE J. HUMETEWA; ERIC H. HOLDER JR., Defendants-Appellees, GRAND CANYON RIVER OUTFITTERS ASSOCIATION; GRAND CANYON PRIVATE BOATERS ASSOCIATION, Defendant-Intervenors- Appellees.  Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Argued and Submitted June 10, 2009—San Francisco, California

1783 1784 RIVER RUNNERS v. MARTIN Filed February 1, 2010

Before: Procter Hug, Jr., Betty B. Fletcher and Michael Daly Hawkins, Circuit Judges.

ORDER

The Opinion filed July 21, 2009, slip op. 9277, and appear- ing at 574 F.3d 723 (9th Cir. 2009), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

The panel has voted to deny the petition for panel rehear- ing. Judge Hawkins has voted to deny the petition for rehear- ing en banc and Judges Hug and Fletcher so recommend.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for panel rehearing and the petition for rehear- ing en banc are denied.