Jewell

Oregon Natural Desert Ass'n v. Jewell

Good Law
840 F.3d 562·2016 WL 6127053
United States Court of Appeals for the Ninth CircuitMay 26, 2016No. 13-36078California5,750 words

Opinion

Lead Opinion

Berzon, J.

ORDER

The opinion filed on May 26, 2016, and reported at ' 823 F.3d 1268 is hereby amended. The amended opinion will be filed concurrently with this order.

. The opinion is amended as follows:

1. On 823 F.3d at 1270 , after < For the foregoing reasons, we reverse the district court’s entry of summary judgment in part. > add < We remand this action to the district court with instructions to vacate the Secretary of the Interior’s Record of Decision unless the district court determines that this is one of the “rare circumstances, when [it is] advisable that the agency action remain in force until the action can be reconsidered or replaced....” Humane Soc’y of U.S. v. Locke, 626 F.3d 1040 , 1053 n.7 (9th Cir. 2010). Whether, and when, construction of the transmission line and wind turbine complex will go forward absent vacatur may be relevant to that determination. >

2. On 823 F.3d at 1270 , the final line of the opinion is changed to: < REVERSED and REMANDED. >

The Petition for Panel Rehearing is DENIED. No further petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

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