rejected using quality care improvements standing alone to defend a merger that created market power that may lead to higher prices. Organized Vill. of Kake v. U.S. Dep't of Agric., 795 F.3d 956 (9th Cir. 2015) (en banc): Writing for the 6-5 majority of the en banc panel, Judge Hurwitz concluded that the Forest Service violated the APA when it failed to provide a reasonable explanation for implementing the Tongass Exemption in place of the Clinton-era roadless rule, which bans most road construction and timber harvest in inventoried roadless areas of national forests, effectively protecting 300,000 acres of Tongass National Forest land. “The 2003 ROD does not explain why an action that it found posed a prohibitive risk to the Tongass environment only two years before now poses merely a ‘minor’ one. The absence of a reasoned explanation for disregarding previous factual findings violates the APA. An agency cannot simply disregard contrary or inconvenient factual determinations that it made in the past, any more than it can ignore inconvenient facts when it writes on a blank slate.” Chinatown Neighborhood Ass'n v. Harris, 794 F.3d 1136 (9th Cir. 2015): Holding that California’s ban on possessing or selling shark fins did not violate the Dormant Commerce Clause and was not preempted by federal fisheries conservation policies. Baumann v. Chase Inv. Servs. Corp., 747 F.3d 1117 (9th Cir. 2014): Majority opinion held that representative actions brought pursuant to the California Labor Code Private Attorneys General Act (PAGA) are not sufficiently similar to Rule 23 class actions for removal to federal court under the Class Action Fairness Act (CAFA). Obsidian Finance Group, LLC v. Cox, 740 F.3d 1284 (9th Cir. 2014): Holding that a blogger is entitled to the same free speech protections as a traditional journalist, and thus cannot be liable for defamation unless she acted negligently. California ex rel. Imperial Cty. Air Pollution Control Dist. v. U.S. Dep't of the Interior, 767 F.3d 781 (9th Cir. 2014): Holding the plaintiffs had standing to sue and that the Secretary of the Interior did not violate the National Environmental Policy Act or the Clean Air Act when she filed an environmental impact statement on the effects of water transfer agreements on the Salton Sea in Southern California. Avila v. Los Angeles Police Dep’t, 758 F.3d 1096 (9th Cir. 2014): Rejecting the LAPD’s contention that the officer’s termination was not in contravention of the Fair