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HALE v. NORTON

No. 03-36032.

461 F.3d 1092 (2006)

Robert HALE; Joshua Hale; Nava S. Sunstar; Butterfly Sunstar, Plaintiffs-Appellants, v. Gale NORTON, Secretary of the Interior; Gary Candelaria, Superintendent, Wrangell-St. Elias National Park and Preserve; Hunter Sharp, Chief Ranger, Wrangell-St. Elias National Park and Preserve; Department of the Interior; National Park Service; Fran Mainella, Director of the National Park Service; Marcia Blaszak, Acting Regional Director of the National Park Service; all in their official capacities, Defendants-Appellees, National Parks Conservation Association; The Wilderness Society; Alaska Center for the Environment, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2006.

Attorney(s) appearing for the Case

Russell C. Brooks and James S. Burling, Pacific Legal Foundation, Sacramento, CA, for the plaintiffs-appellants.

Matthew J. Sanders, United States Department of Justice, Washington, D.C., for the defendant-appellee.

Robert W. Randall and Rebecca L. Bernard, Trustees for Alaska, Anchorage, AK, for the defendants-intervenors-appellees.

Before ALFRED T. GOODWIN, MELVIN BRUNETTI, and W. FLETCHER, Circuit Judges.

ORDER

This court's opinion filed on February 9, 2006, and published at 437 F.3d 892 (9th Cir.2006), is withdrawn and replaced by the attached opinion.

With the filing of this new opinion, the panel has voted unanimously to deny Appellants' petition for rehearing. Judge Fletcher has voted to deny the petition for rehearing en banc, and Judge Goodwin and Brunetti so recommend. The full court has been advised of the petition...

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