SIERRA FOREST LEGACY; Center for Biological Diversity; Natural Resources Defense Council, Inc.; Sierra Club; the Wilderness Society, Plaintiffs-Appellants,
v.
Mark REY, in his official capacity as Under Secretary for Natural Resources and Environment; Abigail Kimbell, in her official capacity as Chief of the United States Forest Service; Bernard Weingardt, in his official capacity as Regional Forester United States Forest Service Region 5; Alice Carlton, in her official capacity as Forest Supervisor, Plumas National Forest, Defendants-Appellees,
Tuolumne County Alliance for Resources & Environment; California Forest Counties Schools Coalition; Regional Council of Rural Counties; Western Council of Industrial Workers; Klamath Alliance for Resources & Environment; Coarsegold Resource Conservation District/Eastern Madera County Fire Safe Council; Tulare County Resource Conservation District; Sierra Resource Conservation District; Strawberry Property Owners' Association; Huntington Lake Association; Huntington Lake Big Creek Historical Conservancy; California Equestrian Trails & Lands Coalition; California Forestry Association; California Licensed Foresters Association; California/Nevada Snowmobile Association; American Forest & Paper Association; American Forest Resource Council; Blueribbon Coalition; California Ski Industry Association; California Cattlemen's Association; Quincy Library Group; Plumas County, Defendant-intervenors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 1, 2008.
Filed August 13, 2009.
Attorney(s) appearing for the Case
Gregory C. Loarie and Michael R. Sherwood, Earthjustice, Oakland, CA; Patrick Gallagher, Sierra Club Environmental Law Program, San Francisco, CA; Eric E. Huber, Sierra Club Environmental Law Program, Boulder, CO; and David B. Edelson (argued), Berkeley, CA, for plaintiffs-appellants.
Ronald J. Tenpas, Acting Assistant Attorney General; James L. Rosen, USDA Office of the General Counsel, San Francisco, CA; Brian Toth, Clay Samford and Jennifer L. Scheller (argued), U.S. Department of Justice Environment and Natural Resources Division, Washington, D.C., for federal defendants-appellees.
Thomas R. Lundquist, J. Michael Klise and Steven P. Quarles, Crowell & Moring LLP, Washington, D.C., for intervening defendants-appellees Toulumne County Alliance for Resources and Environment, et al.
Michael B. Jackson, Quincy, CA, for intervening defendant-appellees Quincy Library Group and Plumas County.
Brian A. Kelly, Duane Morris LLP, San Francisco, CA, for intervening defendant-appellee California Ski Industry Association.
Edmund G. Brown, Jr., Attorney General; Janet Gaard, Acting Chief Assistant Attorney General; Gordon Burns, Deputy Solicitor General; Theodora Berger, Senior Assistant Attorney General; Ken Alex and Sally Magnani Knox, Supervising Deputy Attorneys General; and Janill L. Richards, Deputy Attorney General, Oakland, CA, for Amicus Curiae Edmund G. Brown, Jr., Attorney General of the State of California.
Opinion by Judge FISHER; Concurrence by Judge NOONAN.
United States Court of Appeals, Ninth Circuit.
ORDER
Defendants-Intervenors-Appellees' petition for panel rehearing and for rehearing en banc, filed June 27, 2008, is GRANTED IN PART. The amended opinion and concurrence filed May 15, 2008, see Sierra Forest Legacy v. Rey,526 F.3d 1228 (9th Cir.2008), are withdrawn. A superseding opinion and concurrence will be filed concurrently with this order. Further petitions for rehearing or petitions for rehearing...
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