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06-35679•Southeast Alaska Conservation Council; Sierra Club; Lynn Canal Conservation v. United States Army Corps of Engineers
06-35679Court of Appeals for the Ninth CircuitAug 31, 2009
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOUTHEAST ALASKA CONSERVATION
COUNCIL; SIERRA CLUB; LYNN
CANAL CONSERVATION,
Plaintiffs-Appellants,
v.
UNITED STATES ARMY CORPS OF
ENGINEERS; TIMOTHY J. GALLAGHER No. 06-35679
Colonel, in his official capacity as D.C. No. District Engineer; LARRY L. CV-05-00012-J-JKS REEDER, in his official capacity of District of Alaska, Chief of the Regulatory Branch; Juneau DOMINIC IZZO, in his official
capacity as Principal Deputy ORDER
Assistant Secretary of the Army
(Civil Works); UNITED STATES
FOREST SERVICE,
Defendants-Appellees,
COEUR ALASKA, INC.; GOLDBELT,
INC.; STATE OF ALASKA,
Defendant-intervenors-Appellees.
On Remand from the United States Supreme Court
Filed August 31, 2009
Before: Procter Hug, Jr., A. Wallace Tashima and
Susan P. Graber, Circuit Judges.
12075
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ORDER
This case returns to us on remand from the Supreme Court
of the United States. Southeast Alaska Conservation Council
v. U.S. Army Corps of Engineers, 486 F.3d 638 (9th Cir.
2007), reversed and remanded by 129 S.Ct. 2458 (2009). We,
in turn, remand to the district court for further proceedings
consistent with the Supreme Court’s opinion.
12076 SOUTHEAST ALASKA CONSERVATION v. USACE
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PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON REUTERS/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2009 Thomson Reuters/West.
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