GOVERNMENT OF GUAM v. UNITED STATES (2021)

United States Court of Appeals, District of Columbia Circuit.

GOVERNMENT OF GUAM, Appellee v. UNITED STATES of America, Appellant

No. 19-5131

Decided: June 28, 2021

Before: Henderson and Tatel, Circuit Judges, and Ginsburg, Senior Circuit Judge.

Fabio Dworschak, John Dalston Smith Gilmour, Attorney, William James Jackson, Attorney, Kelley Drye & Warren, LLP, Houston, TX, Bezalel Adin Stern, Esquire, Attorney, Kelley Drye & Warren LLP, Washington, DC, for Plaintiff-Appellee. Rachel Heron, Michael Augustini, Attorney, Evelyn S. Ying, U.S. Department of Justice (DOJ) Environment and Natural Resources Division, Washington, DC, for Defendant-Appellant.

JUDGMENT

This cause came to be heard on remand from the Supreme Court of the United States, reversing this court's judgment and remanding for further proceedings. Upon consideration of the foregoing, it is

ORDERED that the judgment of this court filed February 14, 2020, be vacated in light of the Supreme Court's opinion in this case issued May 24, 2021. It is

FURTHER ORDERED and ADJUDGED that the district court's denial of the United States’ motion to dismiss be affirmed and the case be remanded to the district court for further proceedings.

The Clerk is directed to issue the mandate forthwith.

Per Curiam

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