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VIGIL v. LEAVITT

No. 02-72424.

381 F.3d 826 (2004)

Martha VIGIL, Andy Blackledge and Robin Silver, Petitioners, v. Michael O. LEAVITT, Administrator, United States Environmental Protection Agency; Wayne Nastri, Regional Administrator, Region IX; and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2004.

Amended September 1, 2004.

Attorney(s) appearing for the Case

Joy E. Herr-Cardillo, Arizona Center for Law in the Public Interest, Tucson, AZ, for the petitioners.

Angeline Purdy, Trial Attorney, Environmental Defense Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., and Daniel W. Pinkston, Senior Trial Attorney, Denver, CO, for the respondents.

Richard S. Moskowitz, American Trucking Associations, Inc., Alexandria, VA, for the amicus curiae.

Before GRABER, WARDLAW, and BYBEE, Circuit Judges.

ORDER AMENDING OPINION AND GRANTING IN PART RESPONDENTS' MOTION FOR CLARIFICATION OR FOR REHEARING BY THE PANEL AND AMENDED OPINION

ORDER

The opinion, filed May 10, 2004, slip opinion 595, and appearing at 366 F.3d 1025 (9th Cir.2004), is amended as follows:

1. At slip op. 5967, first full paragraph, line 25; 366 F.3d at 1033, second full paragraph, line 39, delete "and applied here in the approval of Arizona's...

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