UNITED STATES of America, Plaintiff, and
Department of Toxic Substances Control, State of California, Plaintiff-Appellant,
v.
BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, as successor in interest to the Atchison, Topeka & Santa Fe Railway Company; Union Pacific Transportation Company, as successor in interest to the Southern Pacific Transportation Company; Shell Oil Company, Defendants-Appellees.
United States of America, Plaintiff-Appellant, and
Department of Toxic Substances Control, State of California, Plaintiff,
Burlington Northern & Santa, Fe Railway Company, as successor in interest to the Atchison, Topeka & Santa Fe Railway Company; Union Pacific Transportation Company, as successor in interest to the Southern Pacific Transportation Company; Shell Oil Company, Defendants-Appellees.
United States of America; Department of Toxic Substances Control, State of California, Plaintiffs-Appellees,
v.
Burlington Northern & Santa Fe Railway Company, as successor in interest to the Atchison, Topeka & Santa Fe Railway Company; Union Pacific Transportation Company, as successor in interest to the Southern Pacific Transportation Company, Defendants, and
Shell Oil Company, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 12, 2005.
Submission Withdrawn September 14, 2005.
Filed March 16, 2007.
Resubmitted March 16, 2007.
Amended September 4, 2007.
Second Amendment March 25, 2008.
Attorney(s) appearing for the Case
Aaron P. Avila, Department of Justice, Washington, D.C., argued the case for appellant EPA; Kelly Johnson, Acting Assistant Attorney General, David C. Shilton, James R. MacAyeal, and John T. Stahr, Department of Justice, Environment and Natural Resources Division, Washington, D.C., Allyn Stern, Office of Regional Counsel, EPA, were on the briefs for appellant EPA.
Reed Sato, Deputy Attorney General of the State of California, Sacramento, CA, argued the case and was on the briefs for appellant California Department of Toxic Substances Control; Bill Lockyer, Attorney General of the State of California, Tom Greene, Chief Assistant Attorney General, Theodora P. Berger, Senior Assistant Attorney General, and Ann Rushton, Deputy Attorney General, Sacramento, CA, were on the briefs for appellant California Department of Toxic Substances Control.
John F. Barg, San Francisco, CA, argued the case for appellees Burlington Northern & Santa Fe Railway Company and Union Pacific Transportation Company; Marc A. Zeppetello, San Francisco, CA, was on the briefs for the appellees.
Michael K. Johnson, San Francisco, CA, argued the case for appellee-cross-appellant Shell Oil Company; Randall J. Heldt, Shell Oil Company, Houston, TX, was on the briefs for appellee-cross-appellant Shell.
Before: B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
ORDER
The full court has been advised of the petitions for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The majority of the active judges have voted to deny rehearing the matter en banc. Fed. R.App. P. 35(f).
The panel has voted to amend its opinion and to deny appellees' petitions for rehearing with the following amendments.
The opinion filed March 16, 2007 and amended September 4, 2007, published at 502 F.3d 781...
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