FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHANTELL SACKETT; MICHAEL
SACKETT, No. 08-35854
Plaintiffs-Appellants, D.C. No.
v.
2:08-cv-00185-EJL
District of Idaho,
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY; LISA P. Boise
JACKSON, Administrator,* ORDER
Defendants-Appellees.
On Remand from the United States Supreme Court
Filed May 3, 2012
Before: Ronald M. Gould and Richard C. Tallman,
Circuit Judges.**
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.
*Lisa P. Jackson is substituted for her predecessor, Steven L. Johnson,
as Administrator. See Fed. R. App. P. 43(c)(2).
**The late Robert R. Beezer was a member of this panel and is
deceased. Judges Gould and Tallman have agreed to remand by a two-
judge order.
4631
4632 SACKETT v. EPA
The mandate shall issue forthwith. See Fed. R. App. P.
41(b).