September Term 2011 1:07-cv-01756-RCL Filed On: January 30, 2012 Sierra Club v. Robert L. Van Antwerp, Lieutenant General, U.S. Army Corp of Engineers

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 10-5284 September Term 2011
1:07-cv-01756-RCL
Filed On: January 30, 2012
Sierra Club, et al.,
Appellees
v.
Robert L. Van Antwerp, Lieutenant General,
U.S. Army Corp of Engineers, et al.,
Appellees
Sierra Properties I, LLC, et al.,
Appellants
------------------------------
Consolidated with 10-5297, 10-5345
BEFORE: Garland and Kavanaugh, Circuit Judges, and Williams, Senior
Circuit Judge
O R D E R
Upon consideration of the government’s petition for limited rehearing and the
response thereto, it is
ORDERED that the petition be granted. It is
FURTHER ORDERED that the opinion issued November 29, 2011, be amended
as follows:
(1) Slip Op., page 13, line 9, insert the following sentence before the sentence
beginning with the words “After issuing”: “The regulations create an exception to that
obligation where, as a result of informal consultation, the “Federal agency determines,
with the written concurrence of the Director [of the Fish and Wildlife Service], that the
proposed action is not likely to adversely affect any listed species or critical habitat.” Id.
at § 402.14(b).”; and

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United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 10-5284 September Term 2011
(2) Slip Op., page 13, last paragraph, line 2, delete the words “It requires” and
insert in lieu thereof, “Subject to the exception noted above, it requires”.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Jennifer M. Clark
Deputy Clerk
Page 2

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