Headwaters, Inc. v. Bureau Of Land Management

940 F.2d 435 21 Envtl. L. Rep. 21 ,237 HEADWATERS, INC., Plaintiff-Appellant, v. BUREAU OF LAND MANAGEMENT, MEDFORD DISTRICT; David A. Jones, District Manager, in his official capacity; Croman Corporation, Defendants-Appellees, Association of O & C Counties, Defendant-Intervenor-Appellee. No. 89-35688. United States Court of Appeals, Ninth Circuit. July 23, 1991. Todd D. True, Sierra Club Legal Defense Fund, Seattle, Wash., for plaintiff-appellant. Martin W. Matzen, U.S. Dept. of Justice, Washington, D.C., Michael E. Haglund, Haglund & Kirtley, Portland, Or., and Kevin Q. Davis, Stoel Rives Boley Jones & Grey, Portland, Or., for defendants-appellees. Before WALLACE, Chief Judge, and FERGUSON and BRUNETTI, Circuit Judges. ORDER DENYING PETITION FOR REHEARING 1 Judges Wallace and Brunetti have voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Ferguson has voted to grant the petition for rehearing and recommended acceptance of the suggestion for rehearing en banc. 2 In its petition for rehearing, Headwaters argues that we should remand this case for reconsideration in light of the recent designation of the spotted owl as an…