Sackett v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                     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).