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IN RE DEPT. OF ENERGY STRIPPER WELL LITIGATION

Nos. 99-3065, 99-3066 and 99-3102.

206 F.3d 1345 (2000)

In re the DEPARTMENT OF ENERGY STRIPPER WELL LITIGATION. The States of Alabama, California, Connecticut, Idaho, Indiana, Maryland, Michigan, Mississippi, Montana, Ohio, South Dakota, Vermont, Wisconsin and Wyoming, Plaintiffs-Appellants, v. United States Department of Energy and Chevron U.S.A. Inc., Defendants-Appellees. The States of Alabama, California, Connecticut, Idaho, Indiana, Maryland, Michigan, Mississippi, Montana, Ohio, South Dakota, Vermont, Wisconsin and Wyoming, Plaintiffs-Appellants, v. United States Department of Energy, Hazel O'Leary, Secretary; Office of Hearings and Appeals, Department of Energy, George B. Breznay, Director, Defendants-Appellees, and Chevron, USA, Inc., Intervenor-Defendant-Appellee. Delaware, Hawaii, Illinois, Kansas, Nebraska, Nevada, North Carolina, Rhode Island and West Virginia, the Territory of Guam and the Virgin Islands, Plaintiffs-Appellants, v. United States Department of Energy, and Chevron U.S.A., Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 6, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Bill Lockyer, Attorney General, and Yeoryios Apallas, Deputy Attorney General, San Francisco, California, for Plaintiff-Appellant State of California.

James F. Flug and Paula Dinerstein, Duncan, Weinberg, Genzer & Pembroke, P.C., Washington, D.C., for Plaintiffs-Appellants States of Alabama, Connecticut, Idaho, Indiana, Maryland, Michigan, Mississippi, Montana, Ohio, South Dakota, Vermont, Wisconsin and Wyoming.

Stephen C. Skubel and Paul T. Michael, United States Department of Energy, Washington, D.C., for Defendant-Appellee United States Department of Energy.

Robert M. Westberg, Pillsbury, Madison & Sutro LLP, San Francisco, California, for Defendant-Appellee and Intervenor-Defendant-Appellee Chevron U.S.A. Inc.

Bernard Nash and Andrew P. Miller, Dickstein, Shapiro, Morin & Oshinsky LLP, Washington, D.C., for Plaintiffs-Appellants States of Delaware, Hawaii, Illinois, Kansas, Nebraska, Nevada, North Carolina, Rhode Island and West Virginia, the Territory of Guam and the Virgin Islands.

Before EBEL, HOLLOWAY, and KELLY, Circuit Judges.

ORDER

These matters are before the court on appellants' petition for rehearing with suggestion for rehearing en banc. Upon review, the panel has determined rehearing is not warranted. Consequently, the petition is denied. We have decided, however, that amendment of our original Order and Judgment, filed on November 5, 1999, is appropriate to clarify certain issues. We have also determined publication is warranted. Accordingly, an amended published opinion is attached...

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