ORGANIZED VILLAGE OF KAKE v. DEPT. OF AGRICULTURE

No. 11-35517.

765 F.3d 1117 (2014)

ORGANIZED VILLAGE OF KAKE; The Boat Company; Alaska Wilderness Recreation and Tourism Association; Southeast Alaska Conservation Council; Natural Resources Defense Council; Tongass Conservation Society; Greenpeace, Inc.; Wrangell Resource Council; Center For Biological Diversity; Defenders Of Wildlife; Cascadia Wildlands; Sierra Club, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE; United States Forest Service; Tom Vilsack, in his official capacity as Secretary of Agriculture; Harris Sherman, in his official capacity as Under Secretary of Agriculture of Natural Resources and Environment; Tom Tidwell, in his official capacity as Chief, USDA Forest Service, Defendants, Alaska Forest Association, Inc., Intervenor-Defendant, and State of Alaska, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 29, 2014.


Attorney(s) appearing for the Case

Nathaniel S.W. Lawrence , Senior, Natural Resources Defense Council, Olympia, WA, Thomas S. Waldo , Earthjustice, Juneau, AK, for Plaintiffs-Appellees.

Katherine Wade Hazard , DOJ-U.S. Department of Justice, Washington, DC, for Defendants.

Julie A. Weis, Esquire , Haglund Kelley Jones & Wilder, LLP, Portland, OR, for Intervenor-Defendant.

Thomas E. Lenhart , Assistant Attorney General, AGAK-Office of the Alaska Attorney General, Juneau, AK, for Intervenor-Defendant-Appellant.


ORDER

THOMAS, Circuit Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

Judge BERZON did not participate in the deliberations or vote...

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