Natural Resources Defense Council, Inc. v. County of Los Angeles

Good Law
673 F.3d 880·2011 WL 2712963·2011 U.S. App. LEXIS 14443
United States Court of Appeals for the Ninth CircuitJuly 13, 2011No. 10-56017California9,519 words

Opinion

Lead Opinion

Smith, J.

ORDER

This Court’s Opinion, filed March 10, 2011, and published at 636 F.3d 1235 (9th Cir.2011), is withdrawn and replaced by the attached Opinion.

With this filing, the panel has voted unanimously to deny Appellees’ petition for panel rehearing. Judge Pregerson and Judge M. Smith have voted to deny Appellees’ petition for rehearing en banc, and Judge Holland so recommends.

The full court has been advised of the Opinion and petition for rehearing en banc, *883 and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

Accordingly, Appellees’ petition for rehearing or for rehearing en banc is DENIED.

No further petitions for rehearing or rehearing en banc will be entertained in this case.

OPINION

Plaintiffs-Appellants Natural Resources Defense Council and Santa Monica Bay-keeper appeal the district court’s grant of summary judgment in favor of two municipal entities that Plaintiffs allege are discharging polluted stormwater in violation of the Federal Water Pollution Control Act (the Clean Water Act, Act, or CWA), 86 Stat. 816 , codified as amended at 33 U.S.C. § 1251 et seq. Plaintiffs contend that Defendants-Appellees County of Los…

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