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SAVE OUR SONORAN, INC. v. FLOWERS

Nos. 02-16156, 02-16263, 02-16355.

408 F.3d 1113 (2004)

SAVE OUR SONORAN, INC., a non-profit corporation, Plaintiff-Appellee, v. Robert B. FLOWERS, Lieutenant General, in his official capacity as Commander, U.S. Army Corps of Engineers; Mark F. Sudol, in his official capacity as Chief of the Regulatory Branch of the U.S. Army Corps of Engineers, Los Angeles District, Defendants, and 56th & Lone Mountain, L.L.C., Defendant-Appellant. Save Our Sonoran, Inc., a non-profit corporation, Plaintiff-Appellant, v. Robert B. Flowers, Lieutenant General, in his official capacity as Commander, U.S. Army Corps of Engineers; Mark F. Sudol, in his official capacity as Chief of the Regulatory Branch of the U.S. Army Corps of Engineers, Los Angeles District; 56th and Lone Mountain, L.L.C., Defendants-Appellees. Save Our Sonoran, Inc., a non-profit corporation, Plaintiff-Appellee, v. Robert B. Flowers, Lieutenant General, in his official capacity as Commander, U.S. Army Corps of Engineers, Defendant, and 56th & Lone Mountain, L.L.C., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2004.

Amended May 25, 2005.

Attorney(s) appearing for the Case

Norman D. James, Jay L. Shapiro (argued), Fennemore Craig, Phoenix, AZ, for defendant-appellant/cross-appellee 56th & Lone Mountain, L.L.C.

Howard M. Shanker (argued), The Shanker Law Firm, PLC, Tempe, AZ, for plaintiff-appellee/cross-appellant Save Our Sonoran, Inc.

Vera S. Kornylak, Arizona Center for Law in the Public Interest, Michael P. Senatore, Defenders of Wildlife, for amicus curiae Defenders of Wildlife.

Before NOONAN, THOMAS, and CLIFTON, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The attached amended opinion is substituted for the original opinion filed by the panel. With the amendments, the panel has voted to deny the petition for rehearing.

The petition for rehearing en banc was circulated to the entire court. No judge of the court called for a vote on the petition for rehearing en banc within the time established to do so.

The petition for rehearing and petition for rehearing en...

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