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GILA RIVER INDIAN COMMUNITY v. U.S.

Nos. 11-15631, 11-15633, 11-15639, 11-15641, 11-15642.

729 F.3d 1139 (2013)

GILA RIVER INDIAN COMMUNITY, a federally recognized Indian Tribe; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senate Majority Leader; State of Arizona; Kirk Adams, Arizona Legislature, Speaker of the House, Intervenor-Plaintiffs, and City of Glendale; Michael Socaciu; Gary Hirsch, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe; City of Glendale; Michael Socaciu; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios; Gary Hirsch, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senature Majority Leader; Kirk Adams, Arizona Legislature, Speaker of the House, Petitioners-Intervenors, and State of Arizona, Intervenor-Plaintiff-Appellant, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe, Plaintiff-Appellant, and City of Glendale; Michael Socaciu; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios, Gary Hirsch, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senature Majority Leader; State of Arizona, Kirk Adams, Arizona Legislature, Speaker of the House, Intervenor-Plaintiffs, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe; City of Glendale; Michael Socaciu; Gary Hirsch, Plaintiffs, John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senature Majority Leader; State of Arizona, Kirk Adams, Arizona Legislature, Speaker of the House, Intervenor-Plaintiffs, and Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios, Plaintiffs-Appellants, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'odham Nation, Intervenor-Defendant-Appellee. Gila River Indian Community, a federally recognized Indian Tribe; City of Glendale; Michael Socaciu; Delvin John Terry; Celestino Rios; Brandon Rios; Damon Rios; Cameron Rios; Gary Hirsch, Plaintiffs, State of Arizona, Intervenor-Plaintiff, and John McComish, Arizona Legislature, Majority Leader; Chuck Gray, Arizona Legislature, Senature Majority Leader; Kirk Adams, Arizona Legislature, Speaker of the House; Andy Tobin, House Majority Whip, Intervenor-Plaintiff-Appellants, v. United States of America; United States Department of the Interior; Kenneth Lee Salazar, in his official capacity as United States Secretary of the Interior; Larry Echo Hawk, in his official capacity as the Assistant Secretary for Indian Affairs of the United States Department of the Interior, Defendants-Appellees, Tohono O'odham Nation, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2013.

Amended July 9, 2013.

Attorney(s) appearing for the Case

Patricia A. Millett (argued), Akin Gump Strauss Hauer & Feld, Washington, D.C. for Plaintiff-Appellant Gila River Indian Community; Catherine E. Stetson (argued), Hogan Lovells , Washington, D.C. for Plaintiff-Appellant City of Glendale; David R. Cole (argued), Dep. State Atty. Gen., Phoenix, AZ, for Plaintiff-Intervenor-Appellant State of Arizona.

Aaron P. Avila (argued), Dep't of Just., Washington, D.C., for Defendants-Appellees the United States of America, et. al.; Seth P. Waxman (argued), Wilmer Cutler Pickering Hale and Dorr, Washington, D.C., for Defendant-Intervenor-Appellee the Tohono O'odham Nation.

Before: M. MARGARET McKEOWN, N. RANDY SMITH, and JACQUELINE H. NGUYEN, Circuit Judges.

ORDER

The opinion filed on September 11, 2012, and appearing at 697 F.3d 886 (9th Cir. 2012) is withdrawn.

A superseding opinion will be filed concurrently with this order.

With the filing of the superseding opinion, Judge McKeown and Judge Nguyen vote to deny the petition for panel rehearing. Judge N.R. Smith votes to grant the petition.

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

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