Southeast Alaska, et al v. USACE, et al

Filing 920090831


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SOUTHEAST ALASKA CONSERVATION COUNCIL; SIERRA CLUB; LYNN CANAL CONSERVATION, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; TIMOTHY J. GALLAGHER Colonel, in his official capacity as District Engineer; LARRY L. REEDER, in his official capacity of Chief of the Regulatory Branch; DOMINIC IZZO, in his official capacity as Principal Deputy Assistant Secretary of the Army (Civil Works); UNITED STATES FOREST SERVICE, Defendants-Appellees, COEUR ALASKA, INC.; GOLDBELT, INC.; STATE OF ALASKA, Defendant-intervenors-Appellees. No. 06-35679 D.C. No. CV-05-00012-J-JKS District of Alaska, Juneau ORDER On Remand from the United States Supreme Court Filed August 31, 2009 Before: Procter Hug, Jr., A. Wallace Tashima and Susan P. Graber, Circuit Judges. 12075 12076 SOUTHEAST ALASKA CONSERVATION v. USACE ORDER This case returns to us on remand from the Supreme Court of the United States. Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 486 F.3d 638 (9th Cir. 2007), reversed and remanded by 129 S.Ct. 2458 (2009). We, in turn, remand to the district court for further proceedings consistent with the Supreme Court's opinion. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2009 Thomson Reuters/West.

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