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CTR. FOR BIOLOGICAL DIVERSITY v. DEPT. OF INTERIOR

No. 07-16423.

623 F.3d 633 (2010)

CENTER FOR BIOLOGICAL DIVERSITY; Western Land Exchange Project; Sierra Club, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR; Bureau of Land Management, Defendants-Appellees, Asarco LLC, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2010.

Attorney(s) appearing for the Case

Roger Flynn , Jeffrey C. Parsons , Western Mining Action Project, Lyons, CO, for the appellants.

Edward S. Geldermann , Mark R. Haag , U.S. Department of Justice, Washington, D.C., Cynthia M. Parsons , Office of the U.S. Attorney, Phoenix, AZ; Norman Daniel James , Fennemore Craig PC, Phoenix, AZ, for the appellees.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge TALLMAN.

ORDER

This court's opinion filed September 14, 2009, and reported at 581 F.3d 1063, is withdrawn, and is replaced by the attached Opinion and Dissent.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing en banc, filed October...

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