NORTHERN CALIFORNIA RIVER WATCH v. WILCOX

No. 08-15780.

633 F.3d 766 (2010)

NORTHERN CALIFORNIA RIVER WATCH, a non-profit corporation; Robert G. Evans, Plaintiffs-Appellants, v. Carl WILCOX; Gene Cooley; Robert Floerke; William R. Schellinger; Frank H. Schellinger, individually and doing business as Schellinger Brothers; Scott Schellinger, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2010.

Amended January 26, 2011.


Attorney(s) appearing for the Case

Jack Silver , Law Office of Jack Silver, Santa Rosa, CA, for plaintiffs-appellants Northern California River Watch and Robert G. Evans.

Christopher J. Carr , Shaye Diveley , Morrison & Foerster LLP, San Francisco, CA, for defendants-appellees William R. Schellinger and Frank H. Schellinger, dba Schellinger Brothers, and Scott Schellinger.

Edmund G. Brown Jr. , Attorney General of the State of California, James Humes , Chief Deputy Attorney General, Matt Rodriguez , Chief Assistant Attorney General, Mary E. Hackenbracht , Senior Assistant Attorney General, Robert W. Byrne , Supervising Deputy Attorney General, Michael W. Neville , Deputy Attorney General, San Francisco, CA, for defendants-appellees Carl Wilcox, Gene Cooley, and Robert Floerke.

Ronald J. Tenpas , Assistant Attorney General, Andrew Mergen , Attorney, Ellen Durkee , Attorney, Bradford T. McLane , Attorney, Environment & Natural Resources Division, Department of Justice, Washington, DC, David Gayer , of Counsel, Office of the Solicitor, United States Department of the Interior, Washington, DC, for amicus curiae United States of America.

Before: D.W. NELSON, WILLIAM A. FLETCHER, and RICHARD A. PAEZ, Circuit Judges.


ORDER

The unopposed motion of the United States, as amicus curiae, to clarify the court's Opinion is granted as follows:

The Opinion, filed on August 25, 2010, and reported at 620 F.3d 1075 (9th Cir. 2010), is amended as follows:

At Slip Op. 12801, [620 F.3d at 1089-90], the first full paragraph beginning with <the broad sweep> and ending with <a majority opinion)).> is deleted and replaced...

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