State of Arizona v. Asarco LLC

FILED FOR PUBLICATION FEB 28 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF ARIZONA; TERRY L. No. 11-17484 GODDARD, Attorney General for the State of Arizona; ARIZONA D.C. No. 4:08-cv-00441-MWB DEPARTMENT OF LAW, Civil Rights Division, ORDER Plaintiffs - Appellees, ANGELA AGUILAR, Intervenor-Plaintiff - Appellee, v. ASARCO LLC, Defendant - Appellant. KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.