APACHE STRONGHOLD V. USA, ET AL, No. 21-15295 (9th Cir. 2022)

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This opinion or order relates to an opinion or order originally issued on June 24, 2022.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 17 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT APACHE STRONGHOLD, a 501(c)(3) nonprofit organization, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 21-15295 D.C. No. 2:21-cv-00050-SPL District of Arizona, Phoenix v. ORDER UNITED STATES OF AMERICA; THOMAS J. VILSACK, Secretary, U.S. Department of Agriculture (USDA); RANDY MOORE, Chief, USDA Forest Service; NEIL BOSWORTH, Supervisor, USDA Forest Service, Tonto National Forest; TOM TORRES, Acting Supervisor, USDA Forest Service, Tonto National Forest, Defendants-Appellees. MURGUIA, 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 is vacated.

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