Bowers

Jack Herbert Swift, Grants Pass, OR, for the Bowers plaintiffs-appellants.

Jack Herbert Swift, Grants Pass, OR (briefed and argued); William L. Bernard, Pueblo, CO (argued), for the Citizens plaintiffs-appellants.

G. Kevin Kiely and Tommy A. Brooks, Cable Huston Benedict Haagensen & Lloyd LLP, Portland, OR (briefed); George F. Hammond, Medford, OR (briefed and argued), for Jackson County, et al. defendants-appellees.

Stephanie L. Striffler, Oregon DOJ, Salem, OR (briefed and argued) and Shannon Reel, Oregon DOJ, Salem, OR (briefed), for Richard Whitman, et al. defendants-appellees and the State of Oregon amicus defendant-appellee.

Before: DAVID M. EBEL, [*] MARSHA S. BERZON, and N. RANDY SMITH, Circuit Judges.

The Opinion filed January 12, 2012, slip op. 237 [ 664 F.3d 1321 ], is amended as follows:

1. At slip op. 249; line 14. After , include a footnote with the following text:

With this amendment, the panel has voted unanimously to deny the petition for panel rehearing. Judge Berzon and Judge Smith voted to deny the petition for rehearing en banc, and Judge Ebel so recommends.

The full court has been advised of the petition for rehearing en banc and no active judge has…