CASITAS MUN. WATER DIST. v. U.S.

Attorney(s) appearing for the Case

Katherine J. Barton, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellee. With her on the petition was Ronald J. Tenpas, Assistant Attorney General.

Roger J. Marzulla, Marzulla Law, of Washington, DC, filed a response to the petition for plaintiff-appellant. With him on the response was Nancie G. Marzulla.

Tara L. Mueller, Deputy Attorney General, California Office of the Attorney General, of Oakland, CA, for amicus curiae California State Water Resources Control Board. With her on the brief was Clifford T. Lee, Deputy Attorney General, of San Francisco, CA.

Robert S. Nicksin, O'Melveny & Myers LLP, of Los Angeles, CA, for amicus curiae California Trout, Inc.

John D. Echeverria, Georgetown Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amicus curiae Natural Resources Defense Council. Of counsel on the brief was Katherine S. Poole, Natural Resources Defense Council, of San Francisco, CA.

David R. Owen, University of Maine School of Law, of Portland, ME, for amici curiae Law Professors (Robert W. Adler, et al.). With him on the brief was Joseph L. Sax, of Berkeley, CA.

Craig Holt Segall, Sierra Club Environmental Law Program, of San Francisco, CA, for amici curiae Defenders of Wildlife, et al.

Ellison Folk, Shute, Mihaly & Weinberger LLP, of San Francisco, CA, for amici curiae Fisheries Scientists (Kozmo Bates, et al.). With him on the brief was Matthew D. Zinn.

Jeffrey Bossert Clark, Kirkland & Ellis LLP, of Washington, DC, for amici curiae Tulare Lake Basin Water Storage District, et al. With him on the brief was Scott M. Abeles. Of counsel on the brief was William C. Kuhs, Kuhs & Parker, of Bakersfield, CA.

MOORE, Circuit Judge, with whom RADER and SCHALL, Circuit Judges, join, concurs in the denial of the petition for rehearing en banc. GAJARSA, Circuit Judge, with whom MICHEL, Chief Judge, and DYK, Circuit Judge, join, dissents from the denial of the petition for rehearing en banc. LINN, Circuit Judge, dissents.