Watson

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

INVENERGY THERMAL LLC; GRAYS No. 23-3857 HARBOR ENERGY, LLC, D.C. No. 3:22-cv-05967-BHS Plaintiffs-Appellants,

v. MEMORANDUM*

LAURA WATSON, in her official capacity as Director of the Washington State Department of Ecology,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Argued and Submitted November 13, 2024 San Francisco, California

Before: S.R. THOMAS and MILLER, Circuit Judges, and MOLLOY, District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation. Plaintiffs-Appellants Invenergy Thermal LLC and Grays Harbor Energy

LLC (collectively “Appellants”) own an electricity-generating natural gas power

plant…