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DRAKES BAY OYSTER CO. v. JEWELL

No. 13-15227.

747 F.3d 1073 (2013)

DRAKES BAY OYSTER COMPANY; Kevin Lunny, Plaintiffs-Appellants, v. Sally JEWELL, in her official capacity as Secretary, U.S. Department of the Interior; U.S. Department of the Interior; U.S. National Park Service; Jonathan B. Jarvis, in his official capacity as Director, U.S. National Park Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2013.

Amended January 14, 2014.

Attorney(s) appearing for the Case

Amber D. Abbasi (argued), Cause of Action, Washington, D.C.; John Briscoe , Lawrence S. Bazel , and Peter S. Prows , Briscoe Ivester & Bazel LLP, San Francisco, CA; S. Wayne Rosenbaum and Ryan Waterman , Stoel Rives LLP, San Diego, CA; Zachary Walton , SSL Law Firm LLP, San Francisco, CA for Plaintiffs-Appellants.

J. David Gunter II (argued), Trial Attorney, United States Department of Justice, Washington, D.C.; Ignacia S. Moreno , Assistant Attorney General, Stephen M. Macfarlane , Joseph T. Mathews , E. Barrett Atwood , and Charles Shockey , Trial Attorneys, United States Department of Justice, Sacramento, CA, for Defendants-Appellees.

Judith L. Teichman , San Francisco, CA, for Amici Curiae Alice Waters, Tomales Bay Oyster Company, Hayes Street Grill, Marin County Agricultural Commissioner, Stacy Carlsen, the California Farm Bureau Federation, the Marin County Farm Bureau, the Sonoma County Farm Bureau, Food Democracy Now, Marin Organic, and the Alliance For Local Sustainable Agriculture.

Trent W. Orr and George M. Torgun , Earthjustice, San Francisco, CA, for Amici Curiae Environmental Action Committee of West Marin, National Parks Conservation Association, Natural Resources Defense Council, Save Our Seashore, and the Coalition of National Park Service Retirees.

Before: M. MARGARET McKEOWN and PAUL J. WATFORD, Circuit Judges, and ALGENON L. MARBLEY, District Judge.

ORDER

The opinion filed on September 3, 2013, appearing at 729 F.3d 967, is hereby amended. An amended opinion is filed concurrently with this order.

With these amendments, Judge McKeown voted to deny the petition for rehearing en banc and Judge Marbley so recommends. Judge Watford voted to grant the petition.

Amicus Curiae Catherine Rucker's request for judicial notice in support of her brief opposing the petition...

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