People of California ex rel. State Water Resources Control Board v. Environmental Protection Agency

Full title: PEOPLE OF THE STATE OF CALIFORNIA EX REL. STATE WATER RESOURCES CONTROL…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 6, 1976

538 F.2d 290 (9th Cir. 1976)

Opinion

Nos. 73-2466, 73-2486 and 74-1189.

August 6, 1976.

Roderick Walston, Deputy Atty. Gen. (argued), San Francisco, Cal., and Charles B. Roe, Jr., Sr. Asst. Atty. Gen. (argued), Olympia, Wash., for petitioners.

Raymond W. Mushal, Atty. (argued), App. Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for respondents.

Before WRIGHT and CHOY, Circuit Judges, and BURNS,^_ District Judge.

_ Honorable James M. Burns, United States District Judge for the District of Oregon, sitting by designation.

ORDER

It appearing that upon writ of certiorari the Supreme Court of the United States, ___ U.S. ___, 96 S.Ct. 2022, 48 L.Ed.2d 528 has reversed the judgment of this court in its opinion of February 13, 1975, 9 Cir., 511 F.2d 963, and remanded to this court for further proceedings,

IT IS ORDERED that this court's opinion of February 13, 1975 is vacated and that the action of the Administrator of the Environmental Protection Agency in denying the application of the state agencies of Washington and California is affirmed.