Filed: Aug. 31, 2009
Latest Update: Mar. 02, 2020
Summary: FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SOUTHEAST ALASKA CONSERVATION COUNCIL; SIERRA CLUB; LYNN CANAL CONSERVATION, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; TIMOTHY J. GALLAGHER No. 06-35679 Colonel, in his official capacity as District Engineer; LARRY L. D.C. No. REEDER, in his official capacity of Chief of the Regulatory Branch; CV-05-00012-J-JKS District of Alaska, DOMINIC IZZO, in his official Juneau capacity as Principal Deputy ORDER
Summary: FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SOUTHEAST ALASKA CONSERVATION COUNCIL; SIERRA CLUB; LYNN CANAL CONSERVATION, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; TIMOTHY J. GALLAGHER No. 06-35679 Colonel, in his official capacity as District Engineer; LARRY L. D.C. No. REEDER, in his official capacity of Chief of the Regulatory Branch; CV-05-00012-J-JKS District of Alaska, DOMINIC IZZO, in his official Juneau capacity as Principal Deputy ORDER ..
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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOUTHEAST ALASKA CONSERVATION
COUNCIL; SIERRA CLUB; LYNN
CANAL CONSERVATION,
Plaintiffs-Appellants,
v.
UNITED STATES ARMY CORPS OF
ENGINEERS; TIMOTHY J. GALLAGHER No. 06-35679
Colonel, in his official capacity as
District Engineer; LARRY L. D.C. No.
REEDER, in his official capacity of
Chief of the Regulatory Branch;
CV-05-00012-J-JKS
District of Alaska,
DOMINIC IZZO, in his official Juneau
capacity as Principal Deputy ORDER
Assistant Secretary of the Army
(Civil Works); UNITED STATES
FOREST SERVICE,
Defendants-Appellees,
COEUR ALASKA, INC.; GOLDBELT,
INC.; STATE OF ALASKA,
Defendant-intervenors-Appellees.
On Remand from the United States Supreme Court
Filed August 31, 2009
Before: Procter Hug, Jr., A. Wallace Tashima and
Susan P. Graber, Circuit Judges.
12075
12076 SOUTHEAST ALASKA CONSERVATION v. USACE
ORDER
This case returns to us on remand from the Supreme Court
of the United States. Southeast Alaska Conservation Council
v. U.S. Army Corps of Engineers,
486 F.3d 638 (9th Cir.
2007), reversed and remanded by
129 S. Ct. 2458 (2009). We,
in turn, remand to the district court for further proceedings
consistent with the Supreme Court’s opinion.
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