Usace
Bering Strait Citizens for Responsible Resource Development v. United States Army Corps of Engineers
Opinion
Opinion
Gould, J.
ORDER
The opinion filed on January 3, 2008 and published at 511 F.3d 1011 (9th Cir.2008), is AMENDED as follows. The sixth sentence of the final paragraph in section VB-l states:
That sentence is deleted in its entirety and replaced with the following language:
The panel has unanimously voted to deny the petition for panel rehearing. Judges Kleinfeld and Gould voted to deny the petition for rehearing en banc, and Judge Fletcher has so recommended. The petition for en banc rehearing has been circulated to the full court, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35(b). The petition for panel rehearing and the petition for rehearing en banc are denied. No further petitions for rehearing or rehearing en banc will be accepted.
IT IS SO ORDERED.
OPINION
This appeal concerns a permit issued to Defendant-Appellee Alaska Gold Company (“AGC”), by Defendant-Appellee Army Corps of Engineers (“the' Corps”) for a major gold-mining project near Nome, Alaska. The permit was issued pursuant to Section 404 of the Clean Water Act (“CWA”), 33 U.S.C. § 1344 , which authorizes the Corps to issue permits for the discharge of dredged or fill material…