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NORTHWEST ENVIRONMENTAL DEFENSE CENTER v. BROWN

No. 07-35266.

640 F.3d 1063 (2011)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, an Oregon non-profit corporation, Plaintiff-Appellant, and Oregon Forest Industry Council; American Forest & Paper Association, Intervenors, v. Marvin BROWN, Oregon State Forester, in his official capacity; Stephen Hobbs; Barbara Craig; Diane Snyder; Larry Giustina; William Heffernan; William Hutchison; Jennifer Phillippi, (members of the Oregon Board of Forestry, in their official capacities); Hampton Tree Farms, Inc., an Oregon domestic business corporation; Stimson Lumber Company, an Oregon domestic business corporation; Georgia-Pacific West Inc., an Oregon domestic business corporation; Swanson Group, Inc., an Oregon domestic business corporation; Tillamook County, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2011.

Attorney(s) appearing for the Case

Paul A. Kampmeier , Washington Forest Law Center, Seattle, WA; Christopher G. Winter , Crag Law Center, Portland, OR, for the plaintiff-appellant.

Per A. Ramfjord , Louis A. Ferreira , J. Mark Morford , Stoel Rives LLP, Portland, OR, for defendants-appellees Hampton Tree Farms, Inc., Stimson Lumber Co., Georgia-Pacific West, Inc. and Swanson Group, Inc.

Per A. Ramfjord , Louis A. Ferreira , J. Mark Morford , Stoel Rives LLP, Portland, OR, for intervenor Oregon Forest Industries Council; Ellen B. Steen , Crowell & Mooring, Washington, D.C. for intervenor American Forest and Paper Association; and William K. Sargent , Tillamook, OR, for intervenor Tillamook County.

Marc Abrams , Erin C. Lagesen , Richard D. Wasserman , Office of the Oregon Attorney General, Salem, OR; Louis A. Ferreira , J. Mark Morford , Per Albert Ramfjord , Stoel Rives LLP, Portland, OR; William K. Sargent , Tillamook, OR, for the defendants-appellees.

Damien M. Schiff and Ralph W. Kasarda , Pacific Legal Foundation, Sacramento, CA; Michele A. Dias , California Forestry Association, Sacramento, CA, for Amici Pacific Legal Foundation and California Forestry Association in support of the defendants-appellees.

Bradford T. McLane , U.S. Department of Justice, Washington, D.C., William C. Carpenter , Eugene, OR, for the amici-curiae.

Michael R. Lozeau and Douglas J. Chermack , Lozeau Drury LLP, Oakland, CA; Sharon Buccino , Natural Resources Defense Council, Washington, D.C., Sharon E. Duggan , Law Offices of Sharon E. Duggan, for amicus curiae Natural Resources Defense Council, Inc., and the Environmental Protection Information Center in support of the plaintiffs-appellants.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and CHARLES R. BREYER, District Judge.

ORDER

This court's opinion filed August 17, 2010, and reported at 617 F.3d 1176, is withdrawn, and is replaced by the attached Opinion.

With the filing of the new opinion, the panel has voted unanimously to deny the petitions for rehearing. Judges Fletcher and Fisher have voted to deny the petitions for rehearing en banc, and Judge Breyer so recommends.

The full court has been advised of the petitions for rehearing...

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