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GRAND CANYON TRUST v. TUCSON ELEC. POWER CO.

No. 03-15584.

391 F.3d 979 (2004)

GRAND CANYON TRUST, Plaintiff-Appellant, v. TUCSON ELECTRIC POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2004.

Amended December 8, 2004.

Attorney(s) appearing for the Case

Reed Zars, Laramie, WY, for the plaintiff-appellant.

Henry V. Nickel, Hunton & Williams, Washington, D.C., for the defendant-appellee.

Before: T.G. NELSON, W. FLETCHER, and BERZON, Circuit Judges.

ORDER AND AMENDED OPINION

WILLIAM A. FLETCHER, Circuit Judge.

ORDER

1. On Slip Op. 12691, in between the carryover paragraph (which ends with "relatively lax pollution rules.") and the first full paragraph (which begins with "Tucson Electric was well aware ..."), the following paragraph is inserted:

Specifically, the 1978 Regulations provided:

Approval to construct shall become invalid if construction is not commenced within...

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