Usfs

FILED

FOR PUBLICATION AUG 28 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THE SAVE THE PEAKS COALITION; No. 10-17896

KRISTIN HUISINGA; CLAYSON

BENALLY; SYLVAN GREY; DON D.C. No. 3:09-cv-08163-MHM FANNING; JENEDA BENALLY; District of Arizona, FREDERICA HALL; BERTA Phoenix

BENALLY; RACHEL TSO; LISA TSO,

Plaintiffs - Appellants, ORDER

v.

UNITED STATES FOREST SERVICE;

JOSEPH P. STRINGER, Acting Forest Supervisor for the Coconino National Forest,

Defendants - Appellees,

ARIZONA SNOWBOWL RESORT LP,

Intervenor-Defendant - Appellee.

Before: WALLACE, NOONAN, and M. SMITH, Circuit Judges.

Our order filed on June 21, 2012 (ECF No. 77) is hereby amended. All

portions of the order, except the portion denying Intervenor-Defendant-Appellee

Arizona Snowbowl Resort Limited Partnership's (Snowbowl) motion for attorney's fees, are withdrawn, Snowbowl's motion for costs is denied, and our

referral of the order to the Appellate Commissioner is withdrawn.

In light of these…

Order; Dissent by

ORDER

Our order filed on June 21, 2012 (ECF No. 77) is hereby amended. All portions of the order, except the portion denying Intervenor-Defendanb-Appellee Arizona Snowbowl Resort Limited Partnership’s (Snowbowl) motion for attorney’s fees, are withdrawn, Snowbowl’s motion for costs is denied, and our referral of the order to the Appellate Commissioner is withdrawn.

In light of these amendments, Attorney Plaintiffs’/Appellants Save the Peaks Coalitions’ July 5, 2012 Petition for Rehearing En Banc is denied, as moot.

dissenting:

I respectfully dissent. I would impose sanctions on Shanker for “grossly abuspng] the judicial process by strategically holding back claims that could have, and should have, been asserted in the first lawsuit (and would have been decided earlier but for counsel’s procedural errors in raising those claims).” Save the Peaks Coal. v. U.S. Forest Serv., 669 F.3d 1025, 1028 (9th Cir.2012).