and 10-2332 MINARD RUN OIL COMPANY v. United States Forest Service, an agency of the U.S. Department of Agriculture

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 10-1265 and 10-2332
MINARD RUN OIL COMPANY; PENNSYLVANIA INDEPENDENT OIL AND GAS
ASSOCIATION; ALLEGHENY FOREST ALLIANCE;
COUNTY OF WARREN, PENNSYLVANIA
v.
UNITED STATES FOREST SERVICE, an agency of the
U.S. Department of Agriculture;
TOM TIDWELL, in his official capacity as Chief of the U.S. Forest Service;
KENT P. CONNAUGHTON, in his official capacity
as regional Forester for the U.S. Forest Service, Eastern Region;
LEANNE M. MARTEN, in her official capacity as
Forest Supervisor for the Allegheny National Forest;
ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA;
FOREST SERVICE EMPLOYEES FOR ENVIRONMENTAL ETHICS;
ALLEGHENY DEFENSE PROJECT;
SIERRA CLUB
Forest Service Employees for Environmental Ethics,
Allegheny Defense Project, Sierra Club,
Appellants
Before: FUENTES, CHAGARES and ROTH, Circuit Judges
ORDER AMENDING OPINION
At the direction of the Court, the opinion filed on September 20, 2011 is amended
to delete the statute citation appearing in footnote 3 on page 10 of the opinion as follows:
Drilling in the ANF is regulated by the Pennsylvania Department of
Environmental Protection (DEP) and subject to a permit process. A permit is
usually obtained before applying for an NTP. As an affected landowner, the

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Service has the right to participate in the permit process and challenge the terms of
a permit.
For the Court,
Marcia M. Waldron, Clerk
Date: March 7, 2012

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