NATURAL RESOURCES DEFENSE v. COUNTY OF LOS ANGELES

No. 10-56017.

673 F.3d 880 (2011)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Santa Monica Baykeeper, Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES; Los Angeles County Flood Control District; Michael Antonovich, in his official capacity as Supervisor; Yvonne Burke, in her official capacity as Supervisor; Gloria Molina, in her official capacity as Supervisor; Zev Yaroslavsky, in his official capacity as Supervisor; Dean D. Efstathiou, in his official capacity as Acting Director of Los Angeles County Department of Public Works; Don Knabe, in his official capacity as Supervisor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2011.


Attorney(s) appearing for the Case

Aaron Colangelo , Natural Resources Defense Council, Washington, D.C.; Daniel Cooper , Lawyers for Clean Water, San Francisco, CA, for plaintiffs-appellants Natural Resources Defense Council, Inc. and Santa Monica Baykeeper.

Andrea Sheridan Ordin , Judith A. Fries , Laurie Dods , Los Angeles County Department of County Counsel, Los Angeles, CA, Howard Gest , David W. Burhenn , Burhenn & Gest LLP, Los Angeles, CA, for defendants-appellees County of Los Angeles, et al.

Gregory Thomas Broderick , Downey Brand, LLP, Sacramento, CA, for amicus curiae California State Association of Counties.

Theresa Ann Dunham , Somach Simmons & Dunn, Sacramento, CA, for amicus curiae California Stormwater Quality Association.

Kamala D. Harris , Attorney General of California; Kathleen A. Kenealy , Senior Assistant Attorney General; James R. Potter , Jennifer Novak , Deputy Attorneys General, Office of the California Attorney General, Los Angeles, CA, for amicus curiae California Regional Water Quality Control Board, Los Angeles Region.

Before: HARRY PREGERSON, and MILAN D. SMITH, Jr., Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.


ORDER

This Court's Opinion, filed March 10, 2011, and published at 636 F.3d 1235 (9th Cir.2011), is withdrawn and replaced by the attached Opinion.

With this filing, the panel has voted unanimously to deny Appellees' petition for panel rehearing. Judge Pregerson and Judge M. Smith have voted to deny Appellees' petition for rehearing en banc, and Judge Holland so recommends.

The full court has been advised of the...

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