ROCKY MOUNTAIN FARMERS UNION; Redwood County Minnesota Corn and Soybean Growers; Penny Newman Grain, Inc.; Rex Nederend; Fresno County Farm Bureau; Nisei Farmers League; California Dairy Campaign; Growth Energy; Renewable Fuels Association; American Fuel & Petrochemical Manufacturers Association, fka National Petrochemical & Refiners Association; American Truckings Associations; Center for North American Energy Security; The Consumer Energy Alliance, Plaintiffs-Appellees,
v.
Richard W. COREY, in his official capacity as Executive Officer of the California Air Resources Board; Mary D. Nichols; Daniel Sperling; Ken Yeager; Dorene D'Adamo; Barbara Riordan; John R. Balmes; Lydia H. Kennard; Sandra Berg; Ron Roberts; John G. Telles, in his official capacity as member of the California Air Resources Board; Ronald O. Loveridge, in his official capacity as member of the California Air Resources Board; Edmund G. Brown, Jr., in his official capacity as Governor of the State of California; Kamala D. Harris, Attorney General, in her official capacity as Attorney General of the State of California, Defendants-Appellants,
Environmental Defense Fund; Natural Resources Defense Council; Sierra Club; Conservation Law Foundation, Intervenor-Defendants-Appellants.
Rocky Mountain Farmers Union; Redwood County Minnesota Corn and Soybean Growers; Penny Newman Grain, Inc.; Rex Nederend; Fresno County Farm Bureau; Nisei Farmers League; California Dairy Campaign; Growth Energy; Renewable Fuels Association; American Fuel & Petrochemical Manufacturers Association, fka National Petrochemical & Refiners Association; American Truckings Associations; Center for North American Energy Security; The Consumer Energy Alliance, Plaintiffs-Appellees,
v.
Richard W. Corey, in his official capacity as Executive Officer of California Air Resources Board; Mary D. Nichols; Daniel Sperling; Ken Yeager; Dorene D'Adamo; Barbara Riordan; John R. Balmes; Lydia H. Kennard; Sandra Berg; Ron Roberts; John G. Telles, in his official capacity as member of the California Air Resources Board; Ronald O. Loveridge, in his official capacity as member of the California Air Resources Board; Edmund G. Brown, Jr., in his official capacity as Governor of the State of California; Kamala D. Harris, Attorney General, in her official capacity as Attorney General of the State of California, Defendants-Appellants,
Environmental Defense Fund; Natural Resources Defense Council; Sierra Club; Conservation Law Foundation, Intervenor-Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Concurrence by Judge GOULD; Dissent by Judge MILAN D. SMITH, JR.
United States Court of Appeals, Ninth Circuit.
ORDER
The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35.
The petitions for rehearing en banc are DENIED.
GOULD, Circuit Judge, concurring in the denial of rehearing en...
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