ORGANIZED VILLAGE OF KAKE V. AGRI, No. 11-35517 (9th Cir. 2014)
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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 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.
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