Bmbp

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BLUE MOUNTAINS No. 22-35857 BIODIVERSITY PROJECT, an Oregon non-profit corporation, D.C. No. 2:20- cv-02158-MO Plaintiff-Appellant,

ORDER AND

v. AMENDED

OPINION

SHANE JEFFRIES, in his official capacity as Ochoco National Forest Supervisor; UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted March 30, 2023 Seattle, Washington

Filed July 3, 2023 Amended April 16, 2024 Before: Jacqueline H. Nguyen and Andrew D. Hurwitz, Circuit Judges, and Dean D. Pregerson, * District Judge.

Order; Opinion by Judge Hurwitz; Statement Respecting Denial of Rehearing En Banc by Judge Berzon

SUMMARY **

Environmental Law

The panel filed (1) an order denying a petition for panel rehearing, denying a petition for rehearing en banc, and amending the opinion filed on July 3, 2023; and (2) an amended opinion affirming the district court’s summary judgment in…