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JAMUL ACTION COMMITTEE v. CHAUDHURI

No. 15-16021.

837 F.3d 958 (2016)

JAMUL ACTION COMMITTEE; Jamul Community Church; Darla Kasmedo; Paul Scripps; Glen Revell; William Hendrix, Plaintiffs-Appellants, v. Jonodev CHAUDHURI, Chairwoman of the National Indian Gaming Commission; Sally Jewell, Secretary of the U.S. Department of the Interior; Kevin K. Washburn, Esquire, Assistant Secretary-Indian Affairs, U.S. Department of the Interior; Amy Dutschke, Regional Director, Bureau of Indian Affairs; Paula L. Hart, Director of the Office of Inidan Gaming, Bureau of Indian Affairs; John Rydzik, Chief, Division of Environmental, Cultural Resources Management and Safety of the Bureau of Indian Affairs; Dawn Houle, Chief of Staff for the National Indian Gaming Commission; U.S. Department of the Interior; National Indian Gaming Commission; Raymond Hunter, Chairman, Jamul Indian Village; Charlene Chamberlain; Robert Mesa; Richard Tellow; Julia Lotta; Penn National, Inc.; San Diego Gaming Village, LLC; C.W. Driver, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2016.

Amended July 15, 2016.

Amended August 19, 2016.

Attorney(s) appearing for the Case

Kenneth Robert Williams (argued), Sacramento, California, for Plaintiffs-Appellants.

Elizabeth Ann Peterson (argued), William B. Lazarus , Judith Rabinowitz , and Barbara M.R. Marvin , Attorneys; John C. Cruden , Assistant Attorney General, Environment and Natural Resources Division; United States Department of Justice, Washington, D.C.; Rebecca Ross , Office of the Solicitor, United States Department of the Interior, Washington, D.C.; John Hay , Office of the General Counsel, National Indian Gaming Commission, Washington, D.C.; for Federal Defendants-Appellees.

Frank Lawrence (argued), Law Office of Frank Lawrence, Grass Valley, California, for Tribally-Related Defendants-Appellees.

Patrick D. Webb , Webb & Carey, San Diego, California, for Amici Curiae Walter Rosales and Karen Toggery.

Before: Alex Kozinski, Jay S. Bybee, and Morgan Christen, Circuit Judges.

ORDER

The opinion issued in this appeal is amended as follows:

On page 5 of the slip opinion, replace Rosales v. United States, 275 F. App'x 1 (D.C. Cir. 2008), with Rosales v. United States, 73 F. App'x 913 (9th Cir. 2003). With that amendment, Plaintiffs-Appellants' petition for panel rehearing is DENIED. The petition for rehearing en banc remains pending.

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