Navajo Nation, et al v. USFS, et al

Filing 920071017

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
NAVAJO NATION; HAVASUPAI TRIBE; REX TILOUSI; DIANNA UQUALLA; SIERRA CLUB; WHITE MOUNTAIN APACHE NATION; YAVAPAI-APACHE NATION; THE FLAGSTAFF ACTIVIST NETWORK, Plaintiffs-Appellants, and HUALAPAI TRIBE; NORRIS NEZ; BILL BUCKY PRESTON; HOPI TRIBE; CENTER FOR BIOLOGICAL DIVERSITY, Plaintiffs, v. UNITED STATES FOREST SERVICE; NORA RASURE, in her official capacity as Forest Supervisor, Responsible Officer, Coconino National Forest; HARV FORSGREN, appeal deciding office, Regional Forester, in his official capacity, Defendants-Appellees, ARIZONA SNOWBOWL RESORT LIMITED PARTNERSHIP, Defendant-intervenor-Appellee.

No. 06-15371 D.C. Nos. CV-05-01824-PGR CV-05-01914-PGR CV-05-01949-PGR CV-05-01966-PGR

14133

14134

NAVAJO NATION v. USFS

NAVAJO NATION; HUALAPAI TRIBE; NORRIS NEZ; BILL BUCKY PRESTON; HAVASUPAI TRIBE; REX TILOUSI; DIANNA UQUALLA; SIERRA CLUB; WHITE MOUNTAIN APACHE NATION; YAVAPAI-APACHE NATION; CENTER FOR BIOLOGICAL DIVERSITY; THE FLAGSTAFF ACTIVIST NETWORK, Plaintiffs, and HOPI TRIBE, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; NORA RASURE, in her official capacity as Forest Supervisor, Responsible Officer, Coconino National Forest; HARV FORSGREN, appeal deciding office, Regional Forester, in his official capacity, Defendants-Appellees, ARIZONA SNOWBOWL RESORT LIMITED PARTNERSHIP, Defendant-intervenor-Appellee.

No. 06-15436 D.C. Nos. CV-05-01824-PGR CV-05-01914-PGR CV-05-01949-PGR CV-05-01966-PGR

NAVAJO NATION v. USFS

14135

HUALAPAI TRIBE; NORRIS NEZ; BILL BUCKY PRESTON, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; NORA RASURE, in her official capacity as Forest Supervisor, Responsible Officer, Coconino National Forest; HARV FORSGREN, appeal deciding office, Regional Forester, in his official capacity, Defendants-Appellees.

No. 06-15455 D.C. No. CV-05-01824-PGR ORDER

Filed October 17, 2007 Before: Mary M. Schroeder, Chief Judge.

ORDER Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The threejudge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

1

Judges Hawkins and Bybee are recused.

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