Here. All aspects of the substantive holding are retained. This new order adds analysis on a couple of issues (recoupment and the State’s futility argument). No word yet on the court’s response to the request for rehearing en banc.
View previous coverage here and here and here.
En banc stage briefs:
Washington Rehearing/En Banc Petition
Idaho and Montana Amicus Brief
Klamath Critical Habitat Landowners Amicus Brief
Panel materials here.
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