Headwaters Inc., an Oregon Nonprofit Corporation Forest Conservation Council v. U.S. Forest Service
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge BERZON; Concurrence by Judge GOODWIN.
ORDER
The Opinion filed on September 8, 2004, and published at 382 F.3d 1025 (9th Cir.2004), is withdrawn and superceded by the opinion filed concurrently herewith.
With the filing of the new opinion, appellants’ pending petition for rehearing en banc is DENIED as moot, without prejudice to refiling a subsequent petition for rehearing and/or rehearing en banc. See 9th Cir. G.O. 5.3(a).
*1050OPINION
BERZON, Circuit Judge:
The district court held, sua sponte, that two environmental organizations who have never litigated the validity of several timber…
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