United States v. 2012-05-03 | 08-35854 | CHANTELL SACKETT V. EPA | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 CHANTELL SACKETT; MICHAEL
No. 08-35854 SACKETT,
Plaintiffs-Appellants, D.C. No.
2:08-cv-00185-EJL v.  District of Idaho,UNITED STATES ENVIRONMENTAL BoisePROTECTION AGENCY; LISA P.
JACKSON, Administrator,* ORDER
Defendants-Appellees. 
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 two-
judge order.
4631

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The mandate shall issue forthwith. See Fed. R. App. P.
41(b).
4632 SACKETT v. EPA

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