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SAVE BULL TROUT v. WILLIAMS

No. 21-35480.

51 F.4th 1101 (2022)

SAVE the BULL TROUT; Friends of the Wild Swan; Alliance for the Wild Rockies, Plaintiffs-Appellants, v. Martha WILLIAMS, in her official capacity as Principal Deputy Director of the U.S. Fish and Wildlife Service; Deb Haaland, in her official capacity as Secretary of the Department of Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

FILED November 1, 2022.

Attorney(s) appearing for the Case

Rebecca K. Smith (argued), Public Interest Defense Center, Missoula, Montana; Timothy M. Bechtold , Bechtold Law Firm PLLC, Missoula, Montana; for Plaintiffs-Appellants.

Dina B. Mishra (argued), Kevin McArdle , Anthony D. Ortiz , and Robert P. Stockman , Attorneys; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Frank S. Wilson , Linus Y. Chen , and Kara M. Borden , Attorneys, U.S. Department of the Interior, Washington, D.C.; for Defendants-Appellees.

Elizabeth B. Forsyth , Earthjustice, Seattle, Washington; Timothy J. Preso , Earthjustice, Bozeman, Montana; for Amici Curiae Center for Biological Diversity, Defenders of Wildlife, and Sierra Club.

Opinion by Judge Hawkins.

ORDER

The opinion in the above-captioned matter filed on September 28, 2022, and published at 49 F.4th 1292, is amended as follows:

At slip opinion page 13 lines 10-20, replace <Second, Save the Bull Trout is in privity with Friends of the Wild Swan and Alliance for the Wild Rockies, which were both parties in the Oregon action. Plaintiffs have never disputed that the three organizations share the required common interest in wildlife and habitat conservation...

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