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.

2 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.

3 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.

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