SAN FRANCISCO BAYKEEPER v. WHITMAN

No. 01-16111.

297 F.3d 877 (2002)

SAN FRANCISCO BAYKEEPER; California Public Interest Research Group, Inc.; San Diego BayKeeper, Inc.; Environmental Defense Center, Plaintiffs-Appellants, and Natural Resources Defense Council; Santa Monica BayKeeper, Inc.; Western States Petroleum Association; Industrial Environmental Association of San Diego; Building Industry Legal Defense Foundation; California Building Industry Association, Intervenors, v. Christine Todd WHITMAN, Administrator of EPA, in her official capacity; Felicia Marcus, Regional Administrator; United States Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2002.


Attorney(s) appearing for the Case

Michael R. Lozeau, Earthjustice Legal Defense Fund, Stanford, CA, for the plaintiffs-appellants.

David S. Beckman, Natural Resources Defense Council, Los Angeles, CA; Margaret Rosegay, Pillsbury Winthrop LLP, San Francisco, CA; Steven P. McDonald, Luce, Forward, Hamilton & Scripps LLP, San Diego, CA, for the intervenors.

Sandra Slack Glover, United States Department of Justice, Washington, DC, for the defendants-appellees.

Before HUG, CUDAHY, and TASHIMA, Circuit Judges.


ORDER AND OPINION

HUG, Circuit Judge.

ORDER

The Opinion filed on April 15, 2002, and reported at 287 F.3d 764, is withdrawn and the opinion attached to this order shall be filed in its place. With the filing of the opinion, the panel unanimously votes to deny the petition for rehearing. Judge Tashima votes to deny the petition for rehearing en banc and Judges Hug and Cudahy so recommend.

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