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CALIFORNIA RIVER WATCH v. CITY OF VACAVILLE

No. 20-16605.

39 F.4th 624 (2022)

CALIFORNIA RIVER WATCH, Plaintiff-Appellant, v. CITY OF VACAVILLE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2022.

Attorney(s) appearing for the Case

Jack Silver (argued), Law Office of Jack Silver, Sebastpolo, California; David J. Weinsoff , Law Office of David J. Weinsoff, Fairfax, California; for Plaintiff-Appellant.

Gregory J. Newmark (argued) and Shiraz D. Tangri , Meyers Nave, Los Angeles, California, for Defendant-Appellee.

Mitchell C. Tilner and David M. Axelrad , Horvitz & Levy LLP, Burbank, California, for Amici Curiae Association of California Water Agencies, Western Urban Water Coalition, Association of Metropolitan Water Agencies, and American Water Works Association.

Victor M. Sher , Matthew K. Edling , and Yumehiko Hoshijima , Sher Edling LLP, San Francisco, California, for Amici Curiae National League of Cities and League of California Cities.

Jared E. Knicley , Natural Resources Defense Council, Washington, D.C.; Francis W. Sturges Jr. , Natural Resources Defense Council, Chicago, Illinois; for Amicus Curiae Natural Resources Defense Council.

Concurrence by Judge Tashima.

ORDER

The majority and dissenting opinions filed on September 29, 2021, and published at 14 F.4th 1076, are withdrawn and replaced by the superseding opinion and concurring opinion filed concurrently with this order. The petition for rehearing en banc is denied as moot. Further petitions for rehearing may be filed within the time periods specified by the applicable rules. The pending motion for permissive intervention is denied [Dkt. No. 60].

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