California Sea Urchin Comm'n., et al v. Michael Bean, et al

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Filed order (KIM MCLANE WARDLAW, RONALD M. GOULD and LAWRENCE L. PIERSOL) Amending Disposition Opinion AFFIRMED. The opinion in the above-captioned matter filed on March 1, 2018, is amended as follows: At slip opinion page 11, lines 27 30, delete the words <In 2009, Friends of the Sea Otter and other environmental organizations sued the Service for unreasonable delay in terminating the translocation program. Cal. Sea Urchin Comm n, 828 F.3d at 1048.> and replace them with <In 2009, The Otter Project and Environmental Defense Center sued the Service for unreasonable delay in terminating the translocation program.> At slip opinion page 11, line 32, delete <Id.>. IT IS SO ORDERED. [10840712] [15-56672, 17-55428]

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Case: 15-56672, 04/18/2018, ID: 10840712, DktEntry: 59, Page 1 of 3 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CALIFORNIA SEA URCHIN COMMISSION; CALIFORNIA ABALONE ASSOCIATION; COMMERCIAL FISHERMEN OF SANTA BARBARA, Plaintiffs-Appellants, v. MICHAEL BEAN, in his official capacity as Acting Assistant Secretary for Fish & Wildlife & Parks, Department of Interior; DEPARTMENT OF INTERIOR; DANIEL M. ASHE, in his official capacity as Director of the United States Fish & Wildlife Service; UNITED STATES FISH & WILDLIFE SERVICE, Defendants-Appellees, and CENTER FOR BIOLOGICAL DIVERSITY; DEFENDERS OF WILDLIFE; ENVIRONMENTAL DEFENSE CENTER; FRIENDS OF THE SEA OTTER; HUMANE SOCIETY OF THE UNITED STATES; LOS ANGELES WATERKEEPER; THE OTTER PROJECT, Intervenor-Defendants-Appellees. No. 15-56672 D.C. No. 2:14-cv-08499JFW-CW Case: 15-56672, 04/18/2018, ID: 10840712, DktEntry: 59, Page 2 of 3 2 CAL. SEA URCHIN COMM’N V. BEAN CALIFORNIA SEA URCHIN COMMISSION; CALIFORNIA ABALONE ASSOCIATION; CALIFORNIA LOBSTER AND TRAP FISHERMEN’S ASSOCIATION; COMMERCIAL FISHERMEN OF SANTA BARBARA, Plaintiffs-Appellants, No. 17-55428 D.C. No. 2:13-cv-05517DMG-CW ORDER v. RACHEL JACOBSON, in her official capacity as Acting Assistant Secretary for Fish and Wildlife & Parks, Department of Interior; U.S. DEPARTMENT OF THE INTERIOR; DANIEL M. ASHE, in his official capacity as Director of the United States Fish and Wildlife Service; UNITED STATES FISH AND WILDLIFE SERVICE, Defendants-Appellees, FRIENDS OF THE SEA OTTER; HUMANE SOCIETY OF THE UNITED STATES; DEFENDERS OF WILDLIFE; CENTER FOR BIOLOGICAL DIVERSITY; THE OTTER PROJECT; ENVIRONMENTAL DEFENSE CENTER; LOS ANGELES WATERKEEPER, Intervenor-Defendants-Appellees. Case: 15-56672, 04/18/2018, ID: 10840712, DktEntry: 59, Page 3 of 3 CAL. SEA URCHIN COMM’N V. BEAN 3 Filed April 18, 2018 Before: Kim McLane Wardlaw and Ronald M. Gould, Circuit Judges, and Lawrence L. Piersol, * District Judge. ORDER The opinion in the above-captioned matter filed on March 1, 2018, is amended as follows: At slip opinion page 11, lines 27–30, delete the words <In 2009, Friends of the Sea Otter and other environmental organizations sued the Service for unreasonable delay in terminating the translocation program. Cal. Sea Urchin Comm’n, 828 F.3d at 1048.> and replace them with <In 2009, The Otter Project and Environmental Defense Center sued the Service for unreasonable delay in terminating the translocation program.> At slip opinion page 11, line 32, delete <Id.>. IT IS SO ORDERED. * The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota, sitting by designation.

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