FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

THE LANDS COUNCIL; WILD WEST  INSTITUTE, Plaintiffs-Appellants, v. RANOTTA MCNAIR, Forest No. 07-35000 Supervisor for the Idaho D.C. No. Panhandle National Forests; UNITED STATES FOREST SERVICE,  CV-06-00425-EJL District of Idaho, Defendants-Appellees, Boise BOUNDARY COUNTY; CITY OF ORDER BONNERS FERRY; CITY OF MOYIE SPRINGS; EVERHART LOGGING, INC.; REGEHR LOGGING, INC., Defendants-Intervenors- Appellees.  Filed January 16, 2008

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

881 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson/West.