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DEFENDERS, WILDLIFE CTR., BIO. DIV. v. U.S.E.P.A.

Nos. 03-71439, 03-72894.

450 F.3d 394 (2006)

DEFENDERS OF WILDLIFE; CENTER FOR BIOLOGICAL DIVERSITY; Craig Miller, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, National Association of Home Builders; State of Arizona; Arizona Chamber of Commerce, Intervenors. Defenders of Wildlife; Center for Biological Diversity; Craig Miller, Petitioners, v. United States Environmental Protection Agency; Robert B. Flowers, Respondents.

United States Court of Appeals, Ninth Circuit.

June 8, 2006.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, Esq., Meyer & Glitzenstein, Washington, DC, Vera S. Kornylak, Arizona Center for Law in the Public Interest, Tucson, AZ, for Petitioners.

David C. Shilton, Esq., U.S. Department of Justice Environment & Natural Resources Division, Christie Whitman, U.S. Environmental Protection Agency, Robert Gulley, U.S. Department of Justice Civil Division/Appellate Staff, Washington, DC, Kevin V. Ryan, Office of the U.S. Attorney, San Jose, CA, for Respondent.

Norman D. James, Esq., Fennemore & Craig, PC, James T. Skardon, Esq., Office of the Arizona Attorney General, Phoenix, AZ, Sonia D. Overholser, Esq., Russell S. Frye, Esq., Collier Shannon Scott, PLLC, Washington, DC, for Intervenors.

Before STEPHEN REINHARDT, DAVID R. THOMPSON, and MARSHA S. BERZON, Circuit Judges.

ORDER

The panel has voted to deny the petition for panel rehearing. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc. FED. R. APP. P. 35. The request for panel rehearing and rehearing en banc is DENIED. Judge Kozinski's and Judge Kleinfeld's dissents from denial of en banc rehearing...

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