Opinion
No. 15-56672 No. 17-55428
04-18-2018
CALIFORNIA SEA URCHIN COMMISSION; CALIFORNIA ABALONE ASSOCIATION; COMMERCIAL FISHERMEN OF SANTA BARBARA, Plaintiffs-Appellants, v. MICHAEL BEAN, in his official capacity as Acting Assistant Secretary for Fish & Wildlife & Parks, Department of Interior; DEPARTMENT OF INTERIOR; DANIEL M. ASHE, in his official capacity as Director of the United States Fish & Wildlife Service; UNITED STATES FISH & WILDLIFE SERVICE, Defendants-Appellees, and CENTER FOR BIOLOGICAL DIVERSITY; DEFENDERS OF WILDLIFE; ENVIRONMENTAL DEFENSE CENTER; FRIENDS OF THE SEA OTTER; HUMANE SOCIETY OF THE UNITED STATES; LOS ANGELES WATERKEEPER; THE OTTER PROJECT, Intervenor-Defendants-Appellees. CALIFORNIA SEA URCHIN COMMISSION; CALIFORNIA ABALONE ASSOCIATION; CALIFORNIA LOBSTER AND TRAP FISHERMEN'S ASSOCIATION; COMMERCIAL FISHERMEN OF SANTA BARBARA, Plaintiffs-Appellants, v. RACHEL JACOBSON, in her official capacity as Acting Assistant Secretary for Fish and Wildlife & Parks, Department of Interior; U.S. DEPARTMENT OF THE INTERIOR; DANIEL M. ASHE, in his official capacity as Director of the United States Fish and Wildlife Service; UNITED STATES FISH AND WILDLIFE SERVICE, Defendants-Appellees, FRIENDS OF THE SEA OTTER; HUMANE SOCIETY OF THE UNITED STATES; DEFENDERS OF WILDLIFE; CENTER FOR BIOLOGICAL DIVERSITY; THE OTTER PROJECT; ENVIRONMENTAL DEFENSE CENTER; LOS ANGELES WATERKEEPER, Intervenor-Defendants-Appellees.
FOR PUBLICATION
D.C. No. 2:14-cv-08499-JFW-CW D.C. No. 2:13-cv-05517-DMG-CW ORDER Before: Kim McLane Wardlaw and Ronald M. Gould, Circuit Judges, and Lawrence L. Piersol, District Judge.
The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota, sitting by designation. --------
ORDER
The opinion in the above-captioned matter filed on March 1, 2018, is amended as follows:
At slip opinion page 11, lines 27-30, delete the words <In 2009, Friends of the Sea Otter and other environmental organizations sued the Service for unreasonable delay in terminating the translocation program. Cal. Sea Urchin Comm'n, 828 F.3d at 1048.> and replace them with <In 2009, The Otter Project and Environmental Defense Center sued the Service for unreasonable delay in terminating the translocation program.>
At slip opinion page 11, line 32, delete <Id.>.
IT IS SO ORDERED.