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PAKOOTAS v. TECK COMINCO METALS, LTD.

No. 08-35951.

646 F.3d 1214 (2011)

Joseph A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation and Donald R. Michel, an individual and enrolled member of the Confederated Tribes of the Colville Reservation, Plaintiffs-Appellants, State of Washington, Petitioner-Intervenor-Appellant, and Confederated Tribes of the Colville Reservation, Plaintiff, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2011.

Amended July 1, 2011.

Attorney(s) appearing for the Case

Paul J. Dayton, Short Cressman & Burgess, PLLC, Seattle, WA, for the appellants.

Michael L. Dunning (argued), and Kristie E. Carevich (briefed), Assistant Attorneys General, Olympia, WA, for intervenor-appellant State of Washington.

C. Douglas Floyd (argued), and Kevin M. Fong (briefed), Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for the appellee.

Before: ARTHUR L. ALARCÓN, ANDREW J. KLEINFELD, and RICHARD R. CLIFTON, Circuit Judges.

ORDER

The opinion filed on June 1, 2011 is amended to include only No. 08-35951 on the caption. Pakootas v. Teck Cominco Metals, No. 10-35045 should be removed from the caption.

The amended opinion is filed concurrently with this order.

No petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

KLEINFELD, Circuit Judge:

We address citizen suit jurisdiction under the Comprehensive Environmental...

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