FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 10 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRIENDS OF ALASKA NATIONAL No. 20-35721

WILDLIFE REFUGES; THE

WILDERNESS SOCIETY; DEFENDERS D.C. No. 3:19-cv-00216-JWS OF WILDLIFE; NATIONAL AUDUBON District of Alaska, SOCIETY; WILDERNESS WATCH; Anchorage

CENTER FOR BIOLOGICAL

DIVERSITY; NATIONAL WILDLIFE ORDER

REFUGE ASSOCIATION; ALASKA

WILDERNESS LEAGUE; SIERRA CLUB,

Plaintiffs-Appellees,

v.

DEBRA HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF

THE INTERIOR; UNITED STATES FISH

AND WILDLIFE SERVICE,

Defendants-Appellants,

and

KING COVE CORPORATION;

AGDAAGUX TRIBE OF KING COVE;

NATIVE VILLAGE OF BELKOFSKI;

STATE OF ALASKA,

Intervenor-Defendants. FRIENDS OF ALASKA NATIONAL No. 20-35727

WILDLIFE REFUGES; THE

WILDERNESS SOCIETY; DEFENDERS D.C. No. 3:19-cv-00216-JWS

OF WILDLIFE; NATIONAL AUDUBON

SOCIETY; WILDERNESS WATCH;

CENTER FOR BIOLOGICAL

DIVERSITY; NATIONAL WILDLIFE

REFUGE ASSOCIATION; ALASKA

WILDERNESS LEAGUE; SIERRA CLUB,

Plaintiffs-Appellees,

v.

DEBRA HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF

THE INTERIOR; UNITED STATES FISH

AND WILDLIFE SERVICE,

Defendants,

STATE OF ALASKA,

Intervenor-Defendant,

and

KING COVE CORPORATION;

AGDAAGUX TRIBE OF KING COVE;

NATIVE VILLAGE OF BELKOFSKI,

Intervenor-Defendants- Appellants.

2 FRIENDS OF ALASKA NATIONAL No. 20-35728

WILDLIFE REFUGES; THE

WILDERNESS SOCIETY; DEFENDERS D.C. No. 3:19-cv-00216-JWS

OF WILDLIFE; NATIONAL AUDUBON

SOCIETY; WILDERNESS WATCH;

CENTER FOR BIOLOGICAL

DIVERSITY; NATIONAL WILDLIFE

REFUGE ASSOCIATION; ALASKA

WILDERNESS LEAGUE; SIERRA CLUB,

Plaintiffs-Appellees,

v.

DEBRA HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF

THE INTERIOR; UNITED STATES FISH

AND WILDLIFE SERVICE,

Defendants,

KING COVE CORPORATION;

AGDAAGUX TRIBE OF KING COVE;

NATIVE VILLAGE OF BELKOFSKI,

Intervenor-Defendants,

and

STATE OF ALASKA,

Intervenor-Defendant- Appellant.

3 MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure

35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.

Judge VanDyke did not participate in the deliberations or vote in this case.

4