FRIENDS OF ALASKA NATIONAL WILDLIFE REFUGES v. HAALAND (2022)

United States Court of Appeals, Ninth Circuit.

FRIENDS OF ALASKA NATIONAL WILDLIFE REFUGES; The Wilderness Society; Defenders of Wildlife; National Audubon Society; Wilderness Watch; Center for Biological Diversity; National Wildlife Refuge Association; Alaska Wilderness League; Sierra Club, Plaintiffs-Appellees, v. Debra HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; United States Fish and Wildlife Service, Defendants-Appellants,

King Cove Corporation; Agdaagux Tribe of King Cove; Native Village of Belkofski; State of Alaska, Intervenor-Defendants. Friends of Alaska National Wildlife Refuges; The Wilderness Society; Defenders of Wildlife; National Audubon Society; Wilderness Watch; Center for Biological Diversity; National Wildlife Refuge Association; Alaska Wilderness League; Sierra Club, Plaintiffs-Appellees, v. Debra Haaland, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; United States Fish and Wildlife Service, Defendants, State of Alaska, Intervenor-Defendant,

King Cove Corporation; Agdaagux Tribe of King Cove; Native Village of Belkofski, Intervenor-Defendants-Appellants. Friends of Alaska National Wildlife Refuges; The Wilderness Society; Defenders of Wildlife; National Audubon Society; Wilderness Watch; Center for Biological Diversity; National Wildlife Refuge Association; Alaska Wilderness League; Sierra Club, Plaintiffs-Appellees, v. Debra Haaland, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; United States Fish and Wildlife Service, Defendants, King Cove Corporation; Agdaagux Tribe of King Cove; Native Village of Belkofski, Intervenor-Defendants, State of Alaska, Intervenor-Defendant-Appellant.

No. 20-35721, No. 20-35727, No. 20-35728

Decided: November 10, 2022

ORDER

Upon the vote of a majority of nonrecused active judges, it is ordered that these cases 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.

MURGUIA, Chief Judge:

Judge VanDyke did not participate in the deliberations or vote in this case.