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ALSEA VALLEY ALLIANCE v. DEPARTMENT OF COMMERCE

Nos. 01-36071, 01-36154.

358 F.3d 1181 (2004)

ALSEA VALLEY ALLIANCE; Mark Sehl, Plaintiffs-Appellees, v. DEPARTMENT OF COMMERCE, being sued as William M. Daley; National Marine Fisheries Service; Penelope D. Dalton, Director NMFS; William Stelle, Jr., Defendants-Appellees, Oregon Natural Resources Council; Pacific Rivers Council; Pacific Coast Federation of Fishermen's Association, Inc.; Institute for Fisheries Resources; Audubon Society of Portland; Coast Range Association; Siskiyou Regional Education Project; Sierra Club, Defendants-Intervenors-Appellants. Alsea Valley Alliance; Mark Sehl, Plaintiffs-Appellants, v. Department of Commerce, being sued as William M. Daley; National Marine Fisheries Service; William T. Hogarth, Director NMFS; D. Robert Lohn, Defendants-Appellees, Oregon Natural Resources Council; Pacific Rivers Council; Pacific Coast Federation of Fishermen's Association, Inc.; Institute for Fisheries Resources; Audubon Society of Portland; Coast Range Association; Siskiyou Regional Education Project, Defendants-Intervenors-Appellees, and Sierra Club, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2004.

Attorney(s) appearing for the Case

Russell C. Brooks, Pacific Legal Foundation, Bellevue, Washington, for the plaintiffs-appellees-appellants.

Ellen J. Durkee, U.S. Dept. of Justice, Washington, D.C., for the federal appellees.

Patti Goldman, Earthjustice Legal Defense Fund, for the defendants-intervenors-appellees-appellants.

Galen G. Schuler, Perkins Coie, Seattle, Washington; Peter J. Ampe, Assistant Attorney General, Denver, Colorado, for the amici curiae.

Before Donald P. LAY, J. Clifford WALLACE, and Richard C. TALLMAN, Circuit Judges.

Argued and Submitted May 8, 2003—Portland, Oregon.

WALLACE, Senior Circuit Judge.

Oregon Natural Resources Council and several other organizations (collectively Council) appeal from an order invalidating a National Marine Fisheries Service (Service) final rule and remanding to the Service for further consideration (Remand Order). The order that allowed the Council to intervene for purposes of bringing this appeal (Intervention Order) is challenged by...

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