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OREGON NATURAL DESERT v. BUREAU OF LAND MANAGEMENT

No. 05-35931.

625 F.3d 1092 (2010)

OREGON NATURAL DESERT ASSOCIATION; Committee for the High Desert; Western Watersheds Project, Plaintiffs-Appellants, v. BUREAU OF LAND MANAGEMENT; Elaine M. Brong, State Director, Oregon/Washington BLM; Tom Dabbs, Field Manager, Malheur Resource Area, BLM; Jerry Taylor, Field Manager, Jordan Resource Area, BLM, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2008.

Amended August 31, 2010.

Attorney(s) appearing for the Case

Peter M. "Mac" Lacy (argued), of the Oregon Natural Desert Association, Portland, OR, Laurence J. "Laird" Lucas , Boise, ID, and Stephanie M. Parent , of the Pacific Environmental Advocacy Center, Portland, OR, for the plaintiffs-appellants.

David Shilton (argued), Todd S. Aagard , Matthew J. Sanders , and Sue Ellen Wooldridge , of the U.S. Department of Justice, Washington, DC, Karen J. Immergut , and Stephen J. Odell , of the U.S. Attorney of Oregon, and Mariel J. Combs , of the U.S. Department of the Interior, Office of the Regional Solicitor, Portland, OR, for the defendants-appellees.

Before: RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges, and JUDITH M. BARZILAY, Judge.

ORDER

The parties' Joint Motion Requesting Amendment of Opinion and Remand is GRANTED. Although motions to amend substantial portions of opinions by incorporating specific language proposed by parties as part of a settlement are disfavored and will rarely be granted, in this instance the panel has determined, after careful review, that the proposed amendment fully conforms to Ninth Circuit and United States Supreme Court law regarding the relief accorded in a NEPA...

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