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SACKETT v. U.S. E.P.A.

No. 19-35469.

8 F.4th 1075 (2021)

Michael SACKETT; Chantell Sackett, Plaintiffs-Appellants, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Michael S. Regan, Administrator, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 1, 2020.

Resubmitted August 9, 2021. Seattle, Washington.

Filed August 16, 2021.

Attorney(s) appearing for the Case

Anthony L. François (argued) and Damien M. Schiff , Pacific Legal Foundation, Sacramento, California, for Plaintiffs-Appellants.

Brian C. Toth (argued) and David Gunter , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Karyn Wendelowski , Attorney, United States Environmental Protection Agency, Washington, D.C.; for Defendants-Appellees.

Before: Ronald M. Gould and Michelle T. Friedland, Circuit Judges, and Jill A. Otake, District Judge.

OPINION

Plaintiffs Chantell and Michael Sackett purchased a soggy residential lot near Idaho's Priest Lake in 2004. They planned to build a home on the property, but the project became entangled in a regulatory dispute. Shortly after the Sacketts began placing sand and gravel fill on the lot, they received an...

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