WASHINGTON ENVIRONMENTAL COUNCIL v. BELLON

Nos. 12-35323, 12-35324, 12-35358.

741 F.3d 1075 (2014)

WASHINGTON ENVIRONMENTAL COUNCIL; Sierra Club, Washington State Chapter, Plaintiffs-Appellees, v. Maia D. BELLON, Director of Washington State Department of Ecology, in her official capacity; Mark Asmundson, Director, Northwest Clean Air Agency, in his official capacity; Craig T. Kenworthy, Director, Puget Sound Clean Air Agency, in his official capacity, Defendants-Appellants. Washington Environmental Council; Sierra Club, Washington State Chapter, Plaintiffs-Appellees, v. Maia D. Bellon; Mark Asmundson, Director, Northwest Clean Air Agency, in his official capacity; Craig T. Kenworthy, Defendants, and Western States Petroleum Association, Intervenor-Defendant-Appellant. Washington Environmental Council; Sierra Club, Washington State Chapter, Plaintiffs-Appellants, v. Mark Asmundson, Director, Northwest Clean Air Agency, in his official capacity; Craig T. Kenworthy, Director, Puget Sound Clean Air Agency, in his official capacity; Maia D. Bellon, Director of Washington State Department of Ecology, in her official capacity, Defendants-Appellees, and Western States Petroleum Association, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2014.


Attorney(s) appearing for the Case

Laura J. Watson (argued), Assistant Attorney General; Robert M. McKenna , Attorney General; and Katharine G. Shirey , Assistant Attorney General, Olympia, WA; Svend A. Brandt-Erichsen , Marten Law PLLC, Seattle, WA; Jennifer A. Dold , Puget Sound Clean Air Agency, Seattle, WA, for Defendants-Appellants/Cross-Appellees.

Janette K. Brimmer (argued), Earthjustice Legal Defense Fund, Seattle, WA; Brian W. Chestnut and Joshua A. Osborne-Klein , Ziontz Chestnut Varnell Berley & Slonim, Seattle, WA, for Plaintiffs-Appellees/Cross-Appellants.

Jeffrey W. Leppo (argued), Matthew Cohen , and Jason T. Morgan , Stoel Rives LLP, Seattle, WA, for Intervenor-Defendant-Appellant.

Before: ANDREW J. KLEINFELD, MILAN D. SMITH, JR., and N. RANDY SMITH, Circuit Judges.


ORDER

A judge of this court made a sua sponte call for a vote on rehearing this case en banc, pursuant to General Order 5.4(c)(3), but a majority of the nonrecused active judges of the court failed to vote in favor of rehearing this case en banc.1

Rehearing en banc is DENIED.

M. SMITH, Circuit Judge, with whom N.R. SMITH, Circuit Judge, joins, concurring with the denial of rehearing en banc:

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases