CHANTELL SACKETT V. EPA, No. 08-35854 (9th Cir. 2012)
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHANTELL SACKETT; MICHAEL SACKETT, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; LISA P. JACKSON, Administrator,* Defendants-Appellees.    No. 08-35854 D.C. No. 2:08-cv-00185-EJL District of Idaho, Boise ORDER On Remand from the United States Supreme Court Filed May 3, 2012 Before: Ronald M. Gould and Richard C. Tallman, Circuit Judges.** ORDER Pursuant to the Opinion of the Supreme Court in Sackett v. Environmental Protection Agency, No. 10-1062, 132 S.Ct. 1367 (2012), the district court s grant of Defendants motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) is REVERSED, and the matter is REMANDED for proceedings consistent with the Supreme Court s Opinion. *Lisa P. Jackson is substituted for her predecessor, Steven L. Johnson, as Administrator. See Fed. R. App. P. 43(c)(2). **The late Robert R. Beezer was a member of this panel and is deceased. Judges Gould and Tallman have agreed to remand by a twojudge order. 4631 4632 SACKETT v. EPA The mandate shall issue forthwith. See Fed. R. App. P. 41(b).
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