River Runners, et al v. Alston, et al

Filing 920100201

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RIVER RUNNERS FOR WILDERNESS; ROCK THE EARTH; WILDERNESS WATCH; LIVING RIVERS, nonprofit corporations, Plaintiffs-Appellants, v. STEPHEN P. MARTIN, in his official capacity as Superintendent of Grand Canyon National Park; DIRECTOR OF THE NATIONAL PARK SERVICE; NATIONAL PARK SERVICE; KENNETH L. SALAZAR, in his official capacity as Secretary of the U.S. Department of the Interior; UNITED STATES DEPARTMENT OF THE INTERIOR; DIANE J. HUMETEWA; ERIC H. HOLDER JR., Defendants-Appellees, GRAND CANYON RIVER OUTFITTERS ASSOCIATION; GRAND CANYON PRIVATE BOATERS ASSOCIATION, Defendant-IntervenorsAppellees.

No. 08-15112 D.C. No. CV-06-00894-DGC District of Arizona, Phoenix ORDER

Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Argued and Submitted June 10, 2009--San Francisco, California
1783

1784

RIVER RUNNERS v. MARTIN

Filed February 1, 2010 Before: Procter Hug, Jr., Betty B. Fletcher and Michael Daly Hawkins, Circuit Judges.

ORDER The Opinion filed July 21, 2009, slip op. 9277, and appearing at 574 F.3d 723 (9th Cir. 2009), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. The panel has voted to deny the petition for panel rehearing. Judge Hawkins has voted to deny the petition for rehearing en banc and Judges Hug and Fletcher so recommend. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are denied.