California River Watch v. City of Vacaville

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CALIFORNIA RIVER WATCH, No. 20-16605 Plaintiff-Appellant, D.C. No. v. 2:17-cv-00524-

KJM-KJN

CITY OF VACAVILLE,

Defendant-Appellee. ORDER AND

OPINION

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted June 14, 2021 San Francisco, California

Filed July 1, 2022

Before: A. Wallace Tashima and Patrick J. Bumatay, Circuit Judges, and Douglas L. Rayes, * District Judge.

Order; Opinion by Judge Bumatay; Concurrence by Judge Tashima

* The Honorable Douglas L. Rayes, United States District Judge for the District of Arizona, sitting by designation. SUMMARY **

Environmental Law

The panel filed (1) an order withdrawing majority and dissenting opinions and replacing them with a superseding opinion and concurring opinion, denying as moot a petition for rehearing en banc, and denying a motion for permissive intervention; (2) a superseding opinion affirming the district court’s grant of summary judgment for defendant…