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CENTER FOR BIOLOGICAL DIVERSITY v. LOHN

No. 05-35638.

511 F.3d 960 (2007)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff-Appellant, v. Robert LOHN, Northwest Regional Administrator of National Marine Fisheries Service; Carlos M. Gutierrez, Secretary of Commerce, U.S. Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2007.

Attorney(s) appearing for the Case

Brent Plater, Center for Biological Diversity, San Francisco, CA, for the plaintiff-appellant, and filed briefs.

M. Alice Thurston, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, argued for the defendants-appellees; Sue Ellen Woolridge, Assistant Attorney General, Keith Rizzardi and David Shilton, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, Melanie J. Rowland, Office of the General Counsel, National Oceanic and Atmospheric Administration, Seattle, WA, and Benjamin C. Jesup, Office of the Solicitor, U.S. Department of the Interior, Washington, DC, were on the brief.

Before ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and RAYMOND C. FISHER, Circuit Judges.

ORDER AND OPINION

O'SCANNLAIN, Circuit Judge:

ORDER

The petition for panel rehearing is GRANTED. The opinion filed on April 26, 2007, and appearing at 483 F.3d 984 (9th Cir.2007) is withdrawn. The superseding opinion will be filed concurrently with this order. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

We are asked to decide whether the federal government's policy...

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