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FOOD & WATER WATCH v. EPA

No. 20-71554.

20 F.4th 506 (2021)

FOOD & WATER WATCH; Snake River Waterkeeper, Inc., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2021.

Attorney(s) appearing for the Case

Tyler Lobdell (argued), Staff Attorney, Food & Water Watch, Boise, Idaho; Allison M. LaPlante and Danielle Replogle , Earthrise Law Center, Lewis & Clark Law School, Portland, Oregon; for Petitioners.

Benjamin J. Grillot (argued), Attorney; Eric Grant , Deputy Assistant Attorney General; Todd Kim , Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Simma Kupchan and CourtneyWeber , Office of General Counsel and Office of Regional Counsel, United States Environmental Protection Agency, Washington, D.C.; for Respondent.

Opinion by Judge W. FLETCHER.

ORDER

Respondent's petition for panel rehearing, Docket Entry No. 43, is GRANTED without further oral argument.

The Opinion filed September 16, 2021, and reported at 13 F.4th 896, is hereby WITHDRAWN and replaced with a superseding Opinion filed concurrently with this Order.

The final paragraphs of the Opinion previously read:

The Idaho Permit forbids underground discharges from production areas and dry weather...

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