United States v. Washington

*952 ORDER

The opinion filed on June 27, 2016 is amended as follows:

At 855 of the published opinion, U.S. v. Washington, 827 F.3d 836 (9th Cir. 2016), add the following subheading beneath “C. Washington’s Cross-Request”:

“1. Injunction.”

On the same page, add “for an injunction” following “The district court struck the cross request ... ”.

At 855-56, change the numbering of the subheadings of “Sovereign Immunity” and “Standing” from 1, 2 to a, b.

At 856, just above subsection D, add the following text:

2. Recoupment of Part of Washington’s Costs

In its Petition for Panel Rehearing and for Rehearing En Banc, filed after our opinion came down, see United States v. Washington, 827 F.3d 836 (9th Cir. 2016), Washington contends that we misconstrued its appeal of the district court’s denial of its cross-request. Washington writes in its Petition:

We did not, and do not, so understand the State’s appeal. Contrary to Washington’s statement, it did appeal the district court’s denial of its cross-request for an injunction requiring the United States to repair or replace the United States’ own barrier culverts. It did not appeal a denial of a request that the United States be…