When courts in different districts disagree (and in this case, when two Courts of Appeal disagree), this tends to elevate the issue because effectively speaking, long-term warrant-less GPS surveillance is now legal in the 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington) but illegal in the District of Columbia (and legally ambiguous everywhere else). The only way to resolve these conflicts is for the Supreme Court to accept one or both of these cases and ultimately decide the issue. Expect to hear more on this issue soon.
Here is the original ruling from January:
Here is the court's decision to deny the petition for rehearing en banc. The court denied the petition without comment, although Judge Kozinski did comment in a dissent.