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ECOLOGY CENTER v. CASTANEDA

No. 07-35054.

574 F.3d 652 (2009)

The ECOLOGY CENTER, Plaintiff, and Wildwest Institute, Plaintiff-Appellant, v. Bob CASTANEDA, in his official capacity as Forest Supervisor for the Kootenai National Forest; Abigail Kimball, Regional Forester of Region One of the U.S. Forest Service; United States Forest Service, an agency of the U.S. Department of Agriculture, Defendants-Appellees, and F.H. Stoltze Land & Lumber Co.; Fousts Inc.; Regehr Logging Inc.; Ponderay Valley Fibre Inc.; Lincoln County, Defendant-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2009.

Amended July 22, 2009.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Missoula, MT, for the appellant.

John T. Stahr (briefed), and Charles R. Scott (argued), U.S. Department of Justice Environment and Natural Resources Division, Washington, D.C., for the appellees.

Before THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

ORDER

The opinion filed on April 17, 2009, is amended as follows:

The second paragraph of subsection <E. Population Viability>, appearing at slip op. pages 4450-51, beginning <West first claims the minimum ...> and ending <... at least 134 breeding pairs> is DELETED and REPLACED with the following:

WildWest first claims the minimum viable population for the pileated woodpecker in...

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