CENTER FOR BIOLOGICAL DIVERSITY, Petitioner,
v.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent.
People of the State of California ex rel. Bill Lockyer, Attorney General; State of Connecticut; State of Maine; Commonwealth of Massachusetts; State of New Jersey; State of New Mexico; State of New York; State of Oregon; State of Rhode Island; State of Vermont; District of Columbia; City of New York, Petitioners,
v.
National Highway Traffic Safety Administration, an Agency Within the United States Department of Transportation, Respondents.
State of Minnesota, Petitioner,
v.
National Highway Traffic Safety Administration, an Agency Within the United States Department of Transportation, Respondent.
Sierra Club; Public Citizen, Inc., Petitioners,
v.
Department of Transportation, Respondent.
Environmental Defense, Petitioner,
v.
Department of Transportation, Respondent.
Natural Resources Defense Council, Inc., Petitioner,
v.
Department of Transportation, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 14, 2007.
Filed August 18, 2008.
Attorney(s) appearing for the Case
Patrick Gallagher, Sierra Club; Sean H. Donahue (argued), Environmental Defense; Aaron Colangelo, David Doniger, Margaret Renner, Natural Resources Defense Council for Public Interest petitioner-appellants on Energy Policy Conservation Act Issues.
Deborah A. Sivas, Holly D. Gordon, Stanford Law School Environmental Law Clinic; Kassia R. Siegel, Brendan R. Cummings, Center for Biological Diversity for Public Interest petitioner-appellants on National Environmental Policy Act Issues.
Edmund Brown, Jr., Thomas Greene, Theodora Berger, Ken Alex, Susan S. Fiering (argued), Office of the Attorney General of California; Richard Blumenthal, Kimberly Massicotte, Jose Suarez, Office of the Attorney General of Connecticut; G. Steven Rowe, Gerald D. Reid, Office of the Attorney General of Maine; Thomas F. Reilly, William L. Pardee, Matthew Brock, Office of the Attorney General of Massachusetts; Stuart Rabner, Howard Geduldig, Lisa J. Morelli, Office of the Attorney General of New Jersey; Patricia A. Madrid, Stephen R. Farris, Office of the Attorney General of New Mexico; Eliot Spitzer, Caitlin Halligan, Jared Snyder, Office of the Attorney General of New York; Hardy Myers, Philip Schradle, Richard M. Whitman, Office of the Attorney General of Oregon; Patrick C. Lynch, Tricia K. Jedele, Office of the Attorney General of Rhode Island; William H. Sorrell, Kevin O. Leske, Office of the Attorney General of Vermont; Eugene A. Adams, Todd S. Kim, Donna M. Murasky, Office of the Attorney General for the District of Columbia; Michael A. Cardozo, Susan M. Kath, Scott Pasternack, Tracy Triplett, Corporation Counsel for the City of New York; Mike Hatch, Ronald Gitek, Office of the Attorney General of Minnesota for petitioner-appellants in Consolidated Cases Nos. 06-72317 and 06-72641.
Rosalind A. Knapp, Paul M. Geier, Peter J. Plocki, Anthony M. Cooke, Lloyd S. Guerci, Katherine C. Gehringer, Timothy H. Goodman, David W. Case, National Highway Traffic Safety Administration, Department of Transportation; Peter D. Keisler, Matthew J. McKeown, Office of the U.S. Attorney General; Ronald M. Spritzer, Environment and Natural Resources Division; Douglas N. Letter, H. Thomas Byron (argued), U.S. Department of Justice, Civil Division, for the respondent-appellees.
Opinion by Judge BETTY B. FLETCHER; Partial Concurrence and Partial Dissent by Judge SILER.
United States Court of Appeals, Ninth Circuit.
ORDER WITHDRAWING OPINION AND OPINION
ORDER
The opinion filed on November 15, 2007 and published at 508 F.3d 508 (9th Cir. 2007), is hereby vacated and withdrawn. Respondents' petition for rehearing with suggestion for rehearing en banc is denied as moot. The opinion vacated and withdrawn is replaced by an opinion filed simultaneously with this order. We file a new opinion with...
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