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EARTH ISLAND INSTITUTE v. RUTHENBECK

Nos. 05-16975, 05-17078.

490 F.3d 687 (2007)

EARTH ISLAND INSTITUTE; Sequoia Forestkeeper, a California non-profit corporation; Heartwood, an Indiana non-profit corporation; Center for Biological Diversity, a New Mexico non-profit corporation; Sierra Club, Plaintiffs-Appellees, v. Nancy RUTHENBECK; United States Forest Service; Mike Johanns; Dale Bosworth, Defendants-Appellants. Earth Island Institute; Sequoia Forestkeeper, a California non-profit corporation; Heartwood, an D.C. No. Indiana non-profit corporation; Center For Biological Diversity, a New Mexico non-profit corporation; Sierra Club, Plaintiffs-Appellants, v. Nancy Ruthenbeck; United States Forest Service; Ann M. Veneman; Dale Bosworth, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2006.

Amended June 8, 2007.

Attorney(s) appearing for the Case

Katherine W. Hazard and Jennifer L. Scheller, U.S. Department of Justice Environment & Natural Resources Division, Washington, DC, for the defendants-appellants.

Matt Kenna, Western Environmental Law Center, Durango, CO, for the plaintiffs-appellees.

Thomas R. Lundquist, Crowell & Moring, LLP, Washington, DC, for Amicus Curiae.

Before: MARY M. SCHROEDER, Chief Judge, SUSAN P. GRABER, Circuit Judge, and KEVIN THOMAS DUFFY, Senior Judge.

ORDER

The panel has voted to deny the petition for rehearing. Chief Judge Schroeder and Judge Graber have voted to deny the petition for rehearing en banc, and Judge Duffy has so recommended.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it.

The petitions for rehearing and rehearing en banc are DENIED.

Plaintiffs-Appellees' motion for clarification with regard to the...

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