FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 10 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FRIENDS OF ALASKA NATIONAL No. 20-35721 WILDLIFE REFUGES; THE WILDERNESS SOCIETY; DEFENDERS D.C. No. 3:19-cv-00216-JWS OF WILDLIFE; NATIONAL AUDUBON District of Alaska, SOCIETY; WILDERNESS WATCH; Anchorage CENTER FOR BIOLOGICAL DIVERSITY; NATIONAL WILDLIFE ORDER REFUGE ASSOCIATION; ALASKA WILDERNESS LEAGUE; SIERRA CLUB, Plaintiffs-Appellees, v. DEBRA HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; UNITED STATES FISH AND WILDLIFE SERVICE, Defendants-Appellants, and KING COVE CORPORATION; AGDAAGUX TRIBE OF KING COVE; NATIVE VILLAGE OF BELKOFSKI; STATE OF ALASKA, Intervenor-Defendants.

FRIENDS OF ALASKA NATIONAL No. 20-35727 WILDLIFE REFUGES; THE WILDERNESS SOCIETY; DEFENDERS D.C. No. 3:19-cv-00216-JWS OF WILDLIFE; NATIONAL AUDUBON SOCIETY; WILDERNESS WATCH; CENTER FOR BIOLOGICAL DIVERSITY; NATIONAL WILDLIFE REFUGE ASSOCIATION; ALASKA WILDERNESS LEAGUE; SIERRA CLUB, Plaintiffs-Appellees, v. DEBRA HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; UNITED STATES FISH AND WILDLIFE SERVICE, Defendants, STATE OF ALASKA, Intervenor-Defendant, and KING COVE CORPORATION; AGDAAGUX TRIBE OF KING COVE; NATIVE VILLAGE OF BELKOFSKI, Intervenor-Defendants- Appellants.

FRIENDS OF ALASKA NATIONAL No. 20-35728 WILDLIFE REFUGES; THE WILDERNESS SOCIETY; DEFENDERS D.C. No. 3:19-cv-00216-JWS OF WILDLIFE; NATIONAL AUDUBON SOCIETY; WILDERNESS WATCH; CENTER FOR BIOLOGICAL DIVERSITY; NATIONAL WILDLIFE REFUGE ASSOCIATION; ALASKA WILDERNESS LEAGUE; SIERRA CLUB, Plaintiffs-Appellees, v. DEBRA HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; UNITED STATES FISH AND WILDLIFE SERVICE, Defendants, KING COVE CORPORATION; AGDAAGUX TRIBE OF KING COVE; NATIVE VILLAGE OF BELKOFSKI, Intervenor-Defendants, and STATE OF ALASKA, Intervenor-Defendant- Appellant.

MURGUIA, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.

Judge VanDyke did not participate in the deliberations or vote in this case.