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NATURAL RESOURCES DEFENSE COUNCIL v. SALAZAR

No. 09-17661.

710 F.3d 874 (2013)

NATURAL RESOURCES DEFENSE COUNCIL; California Trout; San Francisco Baykeeper; Friends of the River; the Bay Institute, all non-profit organizations, Plaintiffs-Appellants, and Metropolitan Water District of Southern California, Plaintiff in Related Case, v. Kenneth Lee SALAZAR, in his official capacity as Secretary of the Interior; Dan Ashe, in his official capacity as Director of the U.S. Fish and Wildlife Service; Michael L. Connor, in his official capacity as Commissioner of the U.S. Bureau of Reclamation; Anderson-Cottonwood Irrigation District; Pacific Realty Associates, LP; Reclamation District 1004; Beverly F. Andreotti; Banta-Carbona Irrigation District; Patterson Irrigation District; West Side Irrigation District; Byron Bethany Irrigation District; Carter Mutual Water Company; Howald Farms, Inc.; Maxwell Irrigation District; Meridian Farms Water Company; Oji Brothers Farms, Inc.; Henry D. Richter; Sutter Mutual Water Co.; Tisdale Irrigation and Drainage Company; Windswept Land and Livestock Company; City Of Redding; Coelho Family Trust; Eagle Field Water District; Mercy Springs Water District; Oro Loma Water District; Conaway Preservation Group; Del Puerto Water District; West Stanislaus Irrigation District; Fresno Slough Water District; James Irrigation District; Tranquillity Irrigation District; Christo D. Bardis; Abdul Rauf; Tahmina Rauf; Sacramento River Ranch, LLC; Fred Tenhunfeld; Family Farm Alliance, Defendants-Appellees, San Luis & Delta-Mendota Water Authority; Westlands Water District; California Farm Bureau Federation; State Water Contractors; California Department of Water Resources; Glenn-Colusa Irrigation District; Natomas Central Mutual Water Company; Pelger Mutual Water Company; Pleasant Grove-Verona Mutual Water Company; Reclamation District 108; River Garden Farms Company; Princeton-Codora-Glenn Irrigation District; Provident Irrigation District; Kern County Water Agency, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

March 5, 2013.

Attorney(s) appearing for the Case

Hamilton Candee , Rachel Justine Zwillinger , Barbara Jane Chisholm , Altshuler Berzon LLP, Douglas Andrew Obegi , Katherine S. Poole , Senior, Natural Resources Defense Council, Trent Orr , Earthjustice, San Francisco, CA, Michael R. Sherwood , Earthjustice, Oakland, CA, for Plaintiffs-Appellants.

James Maysonett , Trial, Robert Harris Oakley , Jean Eva Williams , Deputy Assistant Attorney General, U.S. Department of Justice, Washington, DC, Andrew Morrow Hitchings, Esquire , Somach Simmons & Dunn, Steven Paul Saxton, Esquire , Downey Brand, LLP, Sacramento, CA, Jeffrey Albert Meith , Maya Ferry Stafford, Esquire , David James Steffenson , Minasian, Meith, Soares, Sexton & Cooper, LLP, Oroville, CA, for Defendants-Appellees.

Judges BERZON and IKUTA did not participate in the deliberations or vote in this case.

KOZINSKI, Chief 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. The three-judge panel opinion shall not be cited as precedent by or to any court of the...

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