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SIERRA CLUB, INC. v. U.S. FISH & WILDLIFE SERVICE

No. 17-16560.

925 F.3d 1000 (2019)

SIERRA CLUB, INC., Plaintiff-Appellee, v. UNITED STATES FISH AND WILDLIFE SERVICE; National Marine Fisheries Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2018.

Decided May 30, 2019.

Attorney(s) appearing for the Case

Thomas Pulham (argued) and H. Thomas Byron III , Appellate Staff; David L. Anderson , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C., for Washington, D.C., for Defendants-Appellants.

Reed W. Super (argued) and Michael DiGiulio , Super Law Group LLC, New York, New York, for Plaintiff-Appellee.

Shaun A. Goho , Emmett Environmental Law & Policy Clinic, Harvard Law School, Cambridge, Massachusetts, for Amicus Curiae Union of Concerned Scientists.

Partial Concurrence and Partial Dissent by Judge Wallace.

ORDER

The Opinion filed December 21, 2018 and reported at 911 F.3d 967 is hereby amended. The amended opinion will be filed concurrently with this order.

A majority of the panel has voted to deny the petition for panel rehearing. The full court was advised of the petition for rehearing en banc. No judge requested a vote on whether to rehear the matter en banc pursuant to Fed. R. App. P. 35(f). The petition for panel rehearing...

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