LULAC V. ANDREW WHEELER, No. 17-71636 (9th Cir. 2019)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 9, 2018.
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 6 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT LEAGUE OF UNITED LATIN AMERICAN CITIZENS; PESTICIDE ACTION NETWORK NORTH AMERICA; NATURAL RESOURCES DEFENSE COUNCIL; CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION; FARMWORKERS ASSOCIATION OF FLORIDA; FARMWORKER JUSTICE GREENLATINOS; LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT; LEARNING DISABILITIES ASSOCIATION OF AMERICA; NATIONAL HISPANIC MEDICAL ASSOCIATION; PINEROS Y CAMPESINOS UNIDOS DEL NOROESTE; UNITED FARM WORKERS, Petitioners, STATE OF NEW YORK; STATE OF MARYLAND; STATE OF VERMONT; STATE OF WASHINGTON; COMMONWEALTH OF MASSACHUSETTS; DISTRICT OF COLUMBIA; STATE OF CALIFORNIA; STATE OF HAWAII, Intervenors, v. No. 17-71636 ORDER U.S. COURT OF APPEALS ANDREW WHEELER, Acting Administrator of United States Environmental Protection Agency; U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondents. THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Berzon, Bybee and R. Nelson did not participate in the deliberations or vote in this case. 2
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