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Chantell Sackett v. United States Environmental

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


May 3, 2012

CHANTELL SACKETT; MICHAEL SACKETT, PLAINTIFFS-APPELLANTS,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; LISA P. JACKSON, ADMINISTRATOR,*FN1 DEFENDANTS-APPELLEES.

On Remand from the United States Supreme Court District of Idaho, Boise D.C. No. 2:08-cv-00185-EJL

FOR PUBLICATION

ORDER

Before: Ronald M. Gould and Richard C. Tallman, Circuit Judges.*fn2

ORDER

Pursuant to the Opinion of the Supreme Court in Sackett v. Environmental Protection Agency, No. 10-1062, 132 S.Ct. 1367 (2012), the district court's grant of Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) is REVERSED, and the matter is REMANDED for proceedings consistent with the Supreme Court's Opinion.

The mandate shall issue forthwith. See Fed. R. App. P. 41(b).


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