Organized Village of Kake, et al v. AGRI, et al

Filing

Filed Order for PUBLICATION (SIDNEY R. THOMAS)Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. Judge Berzon did not participate in the deliberations or vote in this case. [9223699]

Case: 11-35517

08/29/2014

ID: 9223699

DktEntry: 58

Page: 1 of 2

FILED
FOR PUBLICATION
UNITED STATES COURT OF APPEALS

AUG 29 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ORGANIZED VILLAGE OF KAKE;
THE BOAT COMPANY; ALASKA
WILDERNESS RECREATION AND
TOURISM ASSOCIATION;
SOUTHEAST ALASKA
CONSERVATION COUNCIL;
NATURAL RESOURCES DEFENSE
COUNCIL; TONGASS
CONSERVATION SOCIETY;
GREENPEACE, INC.; WRANGELL
RESOURCE COUNCIL; CENTER
FOR BIOLOGICAL DIVERSITY;
DEFENDERS OF WILDLIFE;
CASCADIA WILDLANDS; SIERRA
CLUB,
Plaintiffs - Appellees,
v.
UNITED STATES DEPARTMENT OF
AGRICULTURE; UNITED STATES
FOREST SERVICE; TOM VILSACK,
in his official capacity as Secretary of
Agriculture; HARRIS SHERMAN, in
his official capacity as Under Secretary
of Agriculture of Natural Resources and
Environment; TOM TIDWELL, in his
official capacity as Chief, USDA Forest
Service,
Defendants,

No. 11-35517
D.C. No. 1:09-cv-00023-JWS

ORDER

Case: 11-35517

08/29/2014

ID: 9223699

DktEntry: 58

Page: 2 of 2

Page 2
ALASKA FOREST ASSOCIATION,
INC.,
Intervenor-Defendant,
and
STATE OF ALASKA,
Intervenor-Defendant Appellant.

THOMAS, Circuit Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)
and Circuit Rule 35-3.
Judge Berzon did not participate in the deliberations or vote in this case.