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PACIFIC COAST FEDERATION v. NATIONAL MARINE

Nos. 99-36027, 99-36195.

265 F.3d 1028 (2001)

PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, INC.; Institute for Fisheries Resources; Oregon Natural Resources Council; Umpqua Watersheds; Coast Range Association; Headwaters, Plaintiffs-Appellees, v. NATIONAL MARINE FISHERIES SERVICE, Defendant, and Douglas Timber Operators; Northwest Forestry Association, Defendants-Intervenors-Appellants. Pacific Coast Federation of Fishermen's Associations, Inc.; Institute for Fisheries Resources; Oregon Natural Resources Council; Umpqua Watersheds; Coast Range Association; Headwaters, Plaintiffs-Appellees, v. National Marine Fisheries Service, Defendant-Appellant, and Douglas Timber Operators; Northwest Forestry Association, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 15, 2000.

Resubmitted May 8, 2001.

Filed May 31, 2001.

Amended September 5, 2001.

Attorney(s) appearing for the Case

Katherine Barton, Department of Justice, Washington, D.C., for the defendant-appellant.

Mark Rutzick, Portland, Oregon, for the defendants-intervenors-appellants.

Patti Goldman, Earthjustice Legal Defense Fund, Seattle, Washington, for the plaintiffs-appellees.

Before: GOODWIN, HUG and BRUNETTI, Circuit Judges.

ORDER

The opinion filed May 31, 2001, slip op. 6689 and appearing at 253 F.3d 1137 (9th Cir.2001) is amended as follows: At slip op. 6707 and 253 F.3d at 1147, delete the last paragraph and replace with:

The district court held that the NMFS acted "arbitrarily and capriciously" when it concluded that three sales of timber that grew in or partly in riparian reserves, Salvage II, Sugar Pine Density Management, and Little...

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