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.