MARKLE INTERESTS, L.L.C.; P&F Lumber Company 2000, L.L.C.; PF Monroe Properties, L.L.C., Plaintiffs-Appellants,
v.
UNITED STATES FISH AND WILDLIFE SERVICE; Daniel M. Ashe, Director of United States Fish & Wildlife Service, in his official capacity; United States Department of Interior; Sally Jewell, in her official capacity as Secretary of the Department of Interior, Defendants-Appellees,
Center for Biological Diversity; Gulf Restoration Network, Intervenor Defendants-Appellees,
Weyerhaeuser Company, Plaintiff-Appellant,
v.
United States Fish and Wildlife Service; Daniel M. Ashe, Director of United States Fish & Wildlife Service, in his official capacity; Sally Jewell, in her official capacity as Secretary of the Department of Interior, Defendants-Appellees,
Center for Biological Diversity; Gulf Restoration Network, Intervenor Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 13, 2017.
February 13, 2017.
Attorney(s) appearing for the Case
Malcolm Reed Hopper, Esq. , Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellant Markle Interests, L.L.C.
Edward B. Poitevent, II , Metairie, LA, Brian Michael Ballay, Esq. , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, Plaintiffs-Appellants P&F Lumber Company 2000, L.L.C. and PF Monroe Properties, L.L.C.
David C. Shilton, Esq. , U.S. Department of Justice, Environment & Natural Resources Division, Mary Elisabeth Hollingsworth, U.S. Department of Justice, Washington, DC, Luther Langon Hajek , U.S. Department of Justice, Environmental Defense Section, Denver, CO, for Defendants-Appellees.
Collette Lucille Adkins , Center for Biological Diversity, Circle Pines, MN, John Buse , Center for Biological Diversity, Oakland, CA, Elizabeth Grace Livingston de Calderon, Tulane University, New Orleans, LA, for Intervenor Defendants-Appellees.
Paul Korman , Tyson Kade , Van Ness Feldman, L.L.P., Washington, DC, for American Farm Bureau Federation, National Alliance of Forest Owners, and National Association of Home Builders, Amici Curiae.
Andrew Lynn Brasher , Deputy Solicitor, Office of the Attorney General, Montgomery, AL, for State of Alabama, State of Alaska, State of Arkansas, State of Georgia, State of Idaho, State of Kansas, State of Louisiana, State of Montana, State of Nevada, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, and State of Wyoming, Amici Curiae.
Before REAVLEY, OWEN, and HIGGINSON, Circuit Judges.
STEPHEN A. HIGGINSON, Circuit Judge:
The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. In the en banc poll, six judges voted in favor...
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