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PACIFIC RIVERS COUNCIL v. U.S. FOREST SERVICE

No. 08-17565.

689 F.3d 1012 (2012)

PACIFIC RIVERS COUNCIL, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; Mark Rey, in his official capacity as Under Secretary of Agriculture; Dale Bosworth, in his capacity as Chief of the United States Forest Service; Jack Blackwell, in his official capacity as Regional Forester, Region 5, United States Forest Service, Defendants-Appellees, and California Forestry Association; American Forest & Paper Association; Quincy Library Group; Plumas County; California Ski Industry Association, Defendants-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2012.

Attorney(s) appearing for the Case

Brian Gaffney , Lippe Gaffney Wagner , San Francisco, CA, Babak Naficy , San Luis Obispo, CA, for the appellant.

Cynthia S. Huber , Joan M. Pepin , U.S. Department of Justice, Washington, D.C., Barclay T. Samford , U.S. Department of Justice, Denver, CO, David Taylor Shelledy , Office of the U.S. Attorney, Sacramento, CA, for the appellees.

J. Michael Klise , Thomas Richard Lundquist , Crowell & Moring, LLP, Washington, D.C., Steven P. Rice , Crowell & Moring, LLP, Irvine, CA, Michael B. Jackson , Quincy, CA, for the intervenors-appellees.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge N.R. SMITH.

ORDER

This court's opinion filed on February 3, 2012, and reported at 668 F.3d 609 (9th Cir.2012), is withdrawn, and is replaced by the attached Opinion and Dissent.

With the filing of the new opinion, Judges Reinhardt and W. Fletcher vote to deny the petition for rehearing and the petition for rehearing en banc. Judge N.R. Smith votes to grant the petition for rehearing and the petition for rehearing en banc.

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