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CALIFORNIA DUMP TRUCK OWNERS ASS'N v. NICHOLS

No. 13-15175.

784 F.3d 500 (2015)

CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION, Plaintiff-Appellant, v. Mary D. NICHOLS, Chairperson of the California Air Resources Board; James Goldstene, Executive Officer of the California Air Resources Board, Defendants-Appellees, Natural Resources Defense Council, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2015.

Amended April 27, 2015.

Attorney(s) appearing for the Case

Patrick J. Whalen, Law Offices of Brooks Ellison, Sacramento, CA, for Plaintiff-Appellant.

Nicholas Stern, Deputy Attorney General for the State of California, Sacramento, CA, for Defendants-Appellees.

Melissa Lin Perrella,   David Pettit, and Morgan Wyenn, Natural Resources Defense Council, Santa Monica, CA, for Intervenor-Defendant-Appellee.

Before: JOHN T. NOONAN, Senior Circuit Judge, BARRY G. SILVERMAN, Circuit Judge, and PAUL C. HUCK, Senior District Judge.

ORDER

The opinion filed on March 3, 2015, and published at 778 F.3d 1119, is hereby amended as follows:

On page 1132, the following text should be placed in a new footnote inserted after the words <is the Truck Association's own doing.>:

We also note that although 28 U.S.C. § 1631 provides for transfer of cases when the original court lacked jurisdiction, but...

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