FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

SIERRA CLUB; SOUTHERN BORDER No. 19-17501 COMMUNITIES COALITION, Plaintiffs-Appellees, D.C. No. 4:19-cv-00892- v. HSG

JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; LLOYD J. AUSTIN III, in his official capacity as Secretary of Defense; ALEJANDRO MAYORKAS, in his official capacity as Secretary of Homeland Security; JANET YELLEN, in her official capacity as Secretary of the Treasury, Defendants-Appellants.

STATE OF CALIFORNIA; STATE OF No. 19-17502 COLORADO; STATE OF CONNECTICUT; STATE OF D.C. No. DELAWARE; STATE OF HAWAII; 4:19-cv-00872- STATE OF MAINE; STATE OF HSG MINNESOTA; STATE OF NEW JERSEY; STATE OF NEW MEXICO; STATE OF NEVADA; STATE OF NEW YORK; STATE OF OREGON; COMMONWEALTH OF VIRGINIA; 2 SIERRA CLUB V. BIDEN

STATE OF ILLINOIS; STATE OF MARYLAND; DANA NESSEL, Attorney General, on Behalf of the People of Michigan; STATE OF WISCONSIN; STATE OF MASSACHUSETTS; STATE OF VERMONT; STATE OF RHODE ISLAND, Plaintiffs-Appellees,

v.

JOSEPH R. BIDEN, JR., in his official capacity as President of the United States of America; UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF DEFENSE; LLOYD J. AUSTIN III, in his official capacity as Secretary of Defense; CHRISTINE WORMUTH, in her official capacity as the Secretary of the Army; CARLOS DEL TORO, in his official capacity as Secretary of the Navy; FRANK KENDALL, in his official capacity as Secretary of the Air Force; UNITED STATES DEPARTMENT OF THE TREASURY; JANET YELLEN, in her official capacity as Secretary of the Department of the Treasury; U.S. DEPARTMENT OF THE INTERIOR; DEB HAALAND, in her official capacity as Secretary of the Interior; U.S. DEPARTMENT OF HOMELAND SECURITY; ALEJANDRO MAYORKAS, SIERRA CLUB V. BIDEN 3

in his official capacity as Secretary of Homeland Security, Defendants-Appellants.

STATE OF CALIFORNIA; STATE OF No. 20-15044 COLORADO; STATE OF HAWAII; STATE OF MARYLAND; STATE OF D.C. No. NEW YORK; STATE OF NEW MEXICO; 4:19-cv-00872- STATE OF OREGON; HSG COMMONWEALTH OF VIRGINIA; STATE OF WISCONSIN, Plaintiffs-Appellants, ORDER

and

STATE OF CONNECTICUT; STATE OF DELAWARE; STATE OF MAINE; STATE OF MINNESOTA; STATE OF NEW JERSEY; STATE OF NEVADA; STATE OF ILLINOIS; DANA NESSEL, Attorney General, on behalf of the People of Michigan; STATE OF MASSACHUSETTS; STATE OF VERMONT; STATE OF RHODE ISLAND, Plaintiffs,

v.

JOSEPH R. BIDEN, JR., in his official capacity as President of the United States of America; UNITED STATES OF AMERICA; UNITED STATES 4 SIERRA CLUB V. BIDEN

DEPARTMENT OF DEFENSE; LLOYD J. AUSTIN III, in his official capacity as Secretary of Defense; CHRISTINE WORMUTH, in her official capacity as the Secretary of the Army; CARLOS DEL TORO, in his official capacity as Secretary of the Navy; FRANK KENDALL, in his official capacity as Secretary of the Air Force; UNITED STATES DEPARTMENT OF THE TREASURY; JANET YELLEN, in her official capacity as Secretary of the Department of the Treasury; U.S. DEPARTMENT OF THE INTERIOR; DEB HAALAND, in her official capacity as Secretary of the Interior; U.S. DEPARTMENT OF HOMELAND SECURITY; ALEJANDRO MAYORKAS, in his official capacity as Secretary of Homeland Security, Defendants-Appellees. SIERRA CLUB V. BIDEN 5

On Remand from the United States Supreme Court

Filed November 22, 2021

Before: Sidney R. Thomas, Chief Judge, and Kim McLane Wardlaw and Daniel P. Collins, Circuit Judges.

ORDER

The Supreme Court vacated the judgment and has remanded this case to this Court, with instructions to remand and direct the District Court to vacate its judgments. Therefore, we remand this case to the District Court with instructions to vacate its judgments and to consider whether further proceedings are necessary in light of the changed circumstances in the case.