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HELPING HAND TOOLS v. U.S. E.P.A.

No. 14-72553, No. 14-72602.

848 F.3d 1185 (2016)

HELPING HAND TOOLS; Rob Simpson, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, in her capacity as Administrator of the U.S. Environmental Protection Agency; Deborah Jordan, in her capacity as Director of the Air Division of U.S. Environmental Protection Agency Region IX, Respondents, Sierra Pacific Industries, Inc., Respondent-Intervenor. Center for Biological Diversity, Petitioner, v. U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency; Jared Blumenfeld, in his official capacity as Regional Administrator of Region 9 of the United States Environmental Protection Agency; Deborah Jordan, in her official capacity as Director of the Air Division of Region 9 of the United States Environmental Protection Agency, Respondents, Sierra Pacific Industries, Inc., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2016.

Amended December 23, 2016.

Attorney(s) appearing for the Case

Kevin P. Bundy (argued) , San Francisco, California; Brendan R. Cummings , Joshua Tree, California; Anna Moritz , Woodinville, Washington; as and for Petitioner Center for Biological Diversity.

Andrew S. Kingdale (argued) , Law Office of Andrew S. Kingdale, San Francisco, California, for Petitioners Helping Hand Tools and Robert Simpson.

Dustin J. Maghamfar (argued) ; John C. Cruden , Assistant Attorney General; Environmental Defense Section, Environment & Natural Resources Division, Washington, D.C.; Brian Doster , Mark Kataoka , Nora Greenglass , and John Krallman , United States EPA, Office of General Counsel, Washington, D.C.; Kara Christenson , United States EPA, Region IX, Office of Regional Counsel, San Francisco, California; for Respondents.

Joseph R. Palmore (argued) , Marc A. Hearron , and Lena Hughes , Morrison & Foerster LLP, Washington, D.C.; William M. Sloan , Morrison & Foerster LLP, San Francisco, California; for Respondent-Intervenor.

Roger R. Martella, Jr. , Joel F. Visser , and James R. Wedeking , Sidley Austin LLP, Washington, D.C., for Amici Curiae American Wood Counsel and National Alliance of Forest Owners.

Before: Susan P. Graber and Richard C. Tallman, Circuit Judges, and Nancy G. Edmunds, Senior District Judge.

ORDER

The opinion filed on September 2, 2016, is amended as follows:

1. On page 28 of the slip opinion, "The environmental impact report ("EIR") prepared by EPA ..." is changed to, "The environmental impact report ("EIR") prepared by a consultant for the Shasta County Department of Resource Management..." 2. On page 28 of the slip opinion, "EPA therefore conducted the EIR assuming..." is changed to,...

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