Alston
River Runners for Wilderness v. Martin
Opinion
Opinion
ORDER AND AMENDED OPINION
ORDER
The Opinion filed July 21, 2009, slip op. 9277, and appearing at 574 F.3d 723 (9th Cir.2009), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.
The panel has voted to deny the petition for panel rehearing. Judge Hawkins has voted to deny the petition for rehearing en banc and Judges Hug and Fletcher so recommend.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for panel rehearing and the petition for rehearing en banc are denied.
OPINION
This ease concerns the National Park Service’s decision to permit the continued use of motorized rafts and support equipment in Grand Canyon National Park. Plaintiffs contend that such motorized activities impair the wilderness character of the Canyon and that the Park Service’s decision violates its management policies and various federal statutes. Plaintiffs asked the District Court to set aside the decision under the Administrative Procedure Act (“APA”). For reasons explained in this opinion, Plaintiffs have not…