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ALLIANCE FOR THE WILD ROCKIES v. COTTRELL

No. 09-35756.

632 F.3d 1127 (2011)

ALLIANCE FOR THE WILD ROCKIES; Native Ecosystems Council, Plaintiffs-Appellants, v. Jane L. COTTRELL, in her official capacity as acting Regional Forester; United States Forest Service, an agency of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2011.

Attorney(s) appearing for the Case

Matthew Kellogg Bishop ; Western Environmental Law Center, Helena, MT, Susan Jane McKibben Brown , Western Environmental Law Center, Portland, OR, for the appellants.

John Emad Arbab , U.S. Department of Justice, Washington, D.C., Mark Steger Smith , Office of the U.S. Attorney, Billings, MT, for the appellee.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge MOSMAN.

ORDER

This Court's opinion, filed September 22, 2010, and published at 622 F.3d 1045 (9th Circuit 2010), is withdrawn and replaced by the attached opinion and concurrence.

With this filing, the panel has voted unanimously to deny Appellees' petition for rehearing. Judge W. Fletcher and Judge Rawlinson have voted to deny the petition for rehearing en banc, and Judge Mosman so recommends. The full court has been advised of...

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