SUR PETITION FOR REHEARING
The petition for rehearing filed by Appellant in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is denied, however, the Clerk is directed to file the amended opinion that changes the final “Clean Water Act” on page 22 to “Natural Gas Act.” As the revision does not affect the disposition of the appeal, the judgment will remain as filed.
The petition for rehearing filed by Appellant also having been submitted to all the other available circuit judges of the circuit in regular active service and a majority of the judges of the circuit in regular service not having voted for rehearing, it is hereby ORDERED that the petition for rehearing by the Court en banc is denied.
Peter J. Phipps, Circuit Judge