INLAND EMPIRE WATERKEEPER v. CORONA CLAY CO.

Nos. 20-55420 20-55678.

17 F.4th 825 (2021)

INLAND EMPIRE WATERKEEPER, a project of Orange County Coastkeeper; Orange County Coastkeeper, a California non-profit corporation, Plaintiffs-Appellants/Cross-Appellees, v. CORONA CLAY CO., a California Corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2021.

Amended November 5, 2021.


Attorney(s) appearing for the Case

Christopher Sproul (argued), Environmental Advocates, San Francisco, California; Sarah Spinuzzi , Orange County Coastkeeper, Inland Empire Waterkeeper, Costa Mesa, California; Jennifer F. Novak , Law Office of Jennifer F. Novak, Rancho Palos Verdes , California; for Plaintiffs-Appellants/Cross-Appellees.

Brian Neach (argued), Pacheco & Neach P.C., Irvine, California, for Defendant-Appellee/Cross-Appellant.

Robert W. Byrne , Senior Assistant Attorney General; Eric M. Katz , Supervising Deputy Attorney General; Carol A. Z. Boyd , Deputy Attorney General; Office of the Attorney General, Los Angeles, California; for Amicus Curiae California State Water Resources Control Board.

Anthony L. François , Pacific Legal Foundation, Sacramento, California, for Amici Curiae Chantell and Michael Sackett, Duarte Nursery Inc., John Duarte, and Roger J. LaPant Jr.

Dissent by Judge COLLINS.


ORDER

The majority opinion is amended as follows:

1. At slip opinion page 20, line 16, the word "into" is replaced by the word "to". 2. At slip opinion page 20, line 27, the word "admitted" is now omitted.

Judge Collins's dissent remains unchanged.

Judges Siler and Hurwitz voted to deny the petition for rehearing en banc. Judge Collins voted to grant the petition.

The full court has been advised of the petition for rehearing...

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