State of North Dakota, et al v. Beverly Heydinger, et al
State of North Dakota, Industrial Commission of North Dakota, Lignite Energy Council, Basin Electric Power Cooperative, The North American Coal Corporation, Great Northern Properties Limited Partnership, Missouri Basin Municipal Power Agency, doing business as Missouri River Energy Services and Minnkota Power Cooperative, Inc. |
Beverly Heydinger, Commissioner and Chair, Minnesota Public Utilities Commission, David C. Boyd, Commissioner, Minnesota Public Utilities Commission, Nancy Lange, Commissioner and Vice Chair, Minnesota Public Utilities Commission, Dan M. Lipschultz, Commissioner, Minnesota Public Utilities Commission, Betsy Wergin, Commissioner, Minnesota Public Utilities Commission and Mike Rothman, Commissioner, Minnesota Department of Commerce, each in his or her official capacity |
American Wind Energy Association, Solar Energy Industries Association, Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council, Sierra Club, Fresh Energy, Issac Walton League of America - Midwest Office, Minnesota Center for Environmental Advocacy, Steven Gaw and Steven Weissman |
American Coalition for Clean Coal Electricity, National Mining Association, Chamber of Commerce of the United States, Minnesota Chamber of Commerce, National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, Montana Coal Council, Mountain States Legal Foundation, American Public Power Association, Missouri Joint Municipal Electric Utility Commission, National Rural Electric Cooperative Association, Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center |
14-2156 |
May 19, 2014 |
U.S. Court of Appeals, Eighth Circuit |
Constitutionality of State Statutes |
Docket Report
This docket was last retrieved on October 26, 2016. A more recent docket listing may be available from PACER.
Document Text |
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RECORD RETURNED - MOTION TRANSCRIPT, No. of Volumes: 1, Comments: Doc. 22, SENT -END OF CASE, Transcript Type: Motion Trans., Dt. of Proceeding/Hearing: 04/12/2012, No. of Pgs.: 48, Court Reporter: Bebault, Carla R; MOTION TRANSCRIPT, No. of Volumes: 1, Comments: Doc. 204, SENT -END OF CASE, Transcript Type: Motion Trans., Dt. of Proceeding/Hearing: 10/17/2013, No. of Pgs.: 117, Court Reporter: Schuetz, Heather [4463063] [14-2156] (JJF) [Entered: 10/26/2016 12:21 PM] |
JUDGE ORDER: The motion for attorney fees and the motion to seal related documents are remanded to the district court. 8th Cir. R. 47C(b). Judge Loken would deny the motion for attorney fees. On remand the district court shall address, inter alia, whether the State of North Dakota and its Industrial Commission are "persons" eligible for an award of attorney fees under 42 U.S.C. 1983, 1988. The court shall further address whether the presence of additional plaintiffs justifies a fee award even if the State and its agency are ineligible, and whether any "special circumstances" would render a fee award in this case unjust, see Hatfield v. Hayes, 877 F.2d 717, 719 (8th Cir. 1989). The court may request additional briefing from the parties to address these questions. [ # 4420071-2 ] [ # 4421915-2 ]. Hrg Oct 2015 [4430881] [14-2156, 14-2251] (MR) [Entered: 07/27/2016 09:52 AM] |
MANDATE ISSUED. [4429578] [14-2156, 14-2251] (SRD) [Entered: 07/22/2016 03:45 PM] |
REPLY to response [ # 4424270-2 ] filed by Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 w/service 07/21/2016. [4429097] [14-2156, 14-2251] (THB) [Entered: 07/21/2016 04:16 PM] |
REPLY to response [ # 4424328-2 ] filed by Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 w/service 07/21/2016. [4429101] [14-2156, 14-2251] (THB) [Entered: 07/21/2016 04:19 PM] |
RESPONSE in opposition to motion to seal [ # 4421915-2 ] filed by Attorney Ms. Alethea Marie Huyser for Appellants Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156 , w/service 07/11/2016. [4424270] [14-2156, 14-2251] (AMH) [Entered: 07/11/2016 01:02 PM] |
RESPONSE in opposition to motion for attorney fees [ # 4420071-2 ] filed by Attorney Ms. Alethea Marie Huyser for Appellants Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156 , w/service 07/11/2016. [4424328] [14-2156, 14-2251] (AMH) [Entered: 07/11/2016 02:16 PM] |
MOTION to seal exhibits to affidavit in support of appellees' motion for attorney fees, filed by Attorney Mr. Thomas Henry Boyd for Appellees Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, Attorney Mr. Thomas Henry Boyd for Appellants Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2251 w/service 06/29/2016. [4421915] [14-2156, 14-2251] (MR) [Entered: 07/05/2016 01:31 PM] |
MOTION for attorney fees in the amount of $305,758, filed by Attorney Mr. Thomas Henry Boyd for Appellees Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, Attorney Mr. Thomas Henry Boyd for Appellants Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2251 w/service 06/29/2016. [4420071] [14-2156, 14-2251]--[Edited 07/05/2016 by MER] (THB) [Entered: 06/29/2016 05:01 PM] |
MOTION for extension of time to file petition for rehearing until 07/13/2016, filed by Attorney Ms. Alethea Marie Huyser for Appellants Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156, Attorney Ms. Alethea Marie Huyser for Appellees Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2251 w/service 06/23/2016. [4416423] [14-2156, 14-2251] (AMH) [Entered: 06/23/2016 08:40 AM] |
CLERK ORDER:Granting [ # 4416423-2 ] motion for extension of time to file rehearing filed by Ms. Alethea Marie Huyser. Petition for Rehearing due on 07/13/2016 [4416475] [14-2156, 14-2251] (MR) [Entered: 06/23/2016 09:50 AM] |
OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Steven M. Colloton AUTHORING JUDGE:James B. Loken (PUBLISHED), CONCUR BY: Diana E. Murphy and Steven M. Colloton [4412421] [14-2156, 14-2251] (MR) [Entered: 06/15/2016 09:44 AM] |
JUDGMENT FILED - The judgment of the Originating Court is AFFIRMED in accordance with the opinion. JAMES B. LOKEN, DIANA E. MURPHY and STEVEN M. COLLOTON Hrg Oct 2015 [4412472] [14-2156, 14-2251] (MR) [Entered: 06/15/2016 10:14 AM] |
28(j) citation filed by Appellees/Cross-Appellants in 14-2156/14-2251 w/service 06/14/2016 - FOR CAL [4411962] [14-2156, 14-2251] (MR) [Entered: 06/14/2016 01:17 PM] |
LETTER from Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 regarding A recent amendment to the Minnesota Next Generation Energy Act.. w/service 06/14/2016 [4411767] [14-2156, 14-2251] ATTACHED DOCUMENT LOCKED AND REFILED AS A Rule 28j CITATION--[Edited 06/14/2016 by MER] (THB) [Entered: 06/14/2016 10:30 AM] |
Response of Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 to 28(j) citation , [ # 4349641-2 ], filed by Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156, 14-2251 ,28(j) citation for Calendar, [ # 4349641-3 ], filed by Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156, 14-2251. w/service 12/28/2015 - FOR CAL [4350249] [14-2156, 14-2251] (THB) [Entered: 12/28/2015 04:10 PM] |
28(j) citation filed by Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156, Appellees Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2251 w/service 12/23/2015 - FOR CAL [4349641] [14-2156, 14-2251] (AMH) [Entered: 12/23/2015 12:23 PM] |
ARGUED & SUBMITTED in St. Paul to Judges James B. Loken, Diana E. Murphy, Steven M. Colloton on 10/21/2015. Ms. Alethea Marie Huyser for Appellants/Cross-Appelles Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz --AND-- Mr. Thomas Henry Boyd for Appellees/Cross-Appellants Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, 14-2251. **Rebuttal by Ms. Alethea Marie Huyser for Appellants/Cross-Appellees Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156, 14-2251.** --RECORDED.-- # Click Here To Listen to Oral Argument [4328440] [14-2156, 14-2251] (DMW) [Entered: 10/21/2015 11:07 AM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Ms. Alethea Marie Huyser for Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156 for argument in October, at the U.S. Courthouse in St. Paul, Minnesota. [4319255] [14-2156, 14-2251] (AMH) [Entered: 09/23/2015 12:21 PM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Thomas Henry Boyd for Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, 14-2251 for argument in October, at the U.S. Courthouse in St. Paul, Minnesota. [4318738] [14-2156, 14-2251] (THB) [Entered: 09/22/2015 10:16 AM] |
SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Paul on Wednesday, October 21, 2015. To be heard before Judges James B. Loken, Diana E. Murphy and Steven M. Colloton in Division III. The courtroom deputy will be Danialle Walton. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. [4317721] [14-2156, 14-2251] (KAS) [Entered: 09/17/2015 05:19 PM] |
Response of Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 to 28(j) citation , [ # 4296535-2 ], filed by Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156, 14-2251 ,28(j) citation for Calendar, [ # 4296535-3 ], filed by Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156, 14-2251. w/service 07/22/2015 - FOR CAL [4297813] [14-2156, 14-2251] (THB) [Entered: 07/22/2015 09:35 AM] |
28(j) citation filed by Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156 w/service 07/17/2015 - FOR CAL [4296535] [14-2156, 14-2251] (AMH) [Entered: 07/17/2015 03:08 PM] |
LETTER from Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 regarding availability for oral argument. w/service 05/04/2015 [4271476] [14-2156, 14-2251] (THB) [Entered: 05/04/2015 12:43 PM] |
Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. The following is a link to the upcoming court sessions http://media.ca8.uscourts.gov/files/oadates.pdf Please review these dates immediately to determine if you have any conflicts. If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [4262062] [14-2156, 14-2251] (BWB) [Entered: 04/06/2015 07:58 AM] |
Paper copies Fourth brief, [ # 4260379-2 ] filed by Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, 14-2251 10 paper copies received. [4261156] [14-2156, 14-2251] (MDS) [Entered: 04/02/2015 10:28 AM] |
APPELLEE brief of Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, 14-2251 submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [4260229] [14-2156, 14-2251] (THB) [Entered: 03/31/2015 12:31 PM] |
BRIEF FILED - REPLY APPELLEE/CR APPELLANT BRIEF filed by Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, 14-2251 w/service 03/31/2015 , Length: 3005 words. 10 COPIES OF PAPER BRIEFS FROM Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, North American Coal Corporation, State of North Dakota, Missouri Basin Municipal Power Agency and National Association of Manufacturers due 04/06/2015 WITH certificate of service for paper briefs [4260379] [14-2156, 14-2251] (MDS) [Entered: 03/31/2015 02:42 PM] |
LETTER from Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 regarding Letter to Court re Benjamin R. Kwan's withdrawal of counsel for Appellees/Cross-Appellants. w/service 03/31/2015 [4260421] [14-2156, 14-2251] (THB) [Entered: 03/31/2015 03:08 PM] |
Paper copies Third Brief, [ # 4255089-2 ] filed by Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156, 14-2251 10 paper copies received. [4256397] [14-2156, 14-2251] (MDS) [Entered: 03/19/2015 02:03 PM] |
RECORD FILED - SUPPLEMENTAL APNDX, 1 volumes, Location STL, Comments: 3 copies. - Appellant/Cross-appellee [4256404] [14-2156, 14-2251] (MDS) [Entered: 03/19/2015 02:08 PM] |
BRIEF FILED - REPLY APPELLANT/CROSS APPELLEE filed by Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156, 14-2251, w/service 03/16/2015 , Length: 12,471 words. 10 COPIES OF PAPER BRIEFS FROM David C. Boyd, Beverly Heydinger, Nancy Lange, Dan M. Lipschultz, Mike Rothman and Betsy Wergin due 03/23/2015 WITH certificate of service for paper briefs . Fourth brief of Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota due 03/31/2015 [4255089] [14-2156, 14-2251] (MDS) [Entered: 03/17/2015 10:14 AM] |
APPELLANT brief of Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156 submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [4254687] [14-2156, 14-2251] (AMH) [Entered: 03/16/2015 01:00 PM] |
CLERK ORDER:Granting in Part [ # 4244436-2 ] motion for extension of time to file brief filed by Appellants Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman, Mr. Dan M. Lipschultz and Ms. Alethea Marie Huyser [4244705] in 14-2156, in 14-2251. Brief of David C. Boyd, Beverly Heydinger, Nancy Lange, Dan M. Lipschultz, Mike Rothman and Betsy Wergin due on 03/16/2015 [4244705] [14-2156, 14-2251] (MDS) [Entered: 02/13/2015 01:50 PM] |
MOTION for extension of time to file brief until 03/23/2015, filed by Attorney Ms. Alethea Marie Huyser for Appellants Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz w/service 02/12/2015. [4244436] [14-2156]--[Edited 02/13/2015 by MDS - Reason: Edited to correct ECF event.] (AMH) [Entered: 02/12/2015 04:27 PM] |
Paper copies Amicus Brief, [ # 4240950-2 ] filed by American Public Power Association, Missouri Joint Municipal Electric Utility Commission and National Rural Electric Cooperative Association in 14-2156, 14-2251 10 paper copies received. [4242927] [14-2156, 14-2251] (MDS) [Entered: 02/09/2015 04:25 PM] |
CLERK ORDER:Granting [ # 4236303-2 ] motion leave to file amicus brief. Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center in 14-2156 and Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center in 14-2251 has been changed to an amicus in this case. [4241740] [14-2156, 14-2251] (MDS) [Entered: 02/05/2015 11:41 AM] |
BRIEF FILED - AMICUS BRIEF filed by National Federation of Independent Business Small Business Legal Center and Pacific Legal Foundation in 14-2251, 14-2156 w/service 02/05/2015 , Length: 3745 words. 10 COPIES OF PAPER BRIEFS FROM National Federation of Independent Business Small Business Legal Center and Pacific Legal Foundation due 02/10/2015 WITH certificate of service for paper briefs [4241755] [14-2251, 14-2156] (MDS) [Entered: 02/05/2015 12:02 PM] |
Paper copies Amicus Brief, [ # 4239941-2 ] filed by Montana Coal Council and Mountain States Legal Foundation in 14-2156, 14-2251 10 paper copies received. [4241715] [14-2156, 14-2251] (MDS) [Entered: 02/05/2015 11:14 AM] |
Paper copies Amicus Brief, [ # 4241755-2 ] filed by National Federation of Independent Business Small Business Legal Center and Pacific Legal Foundation in 14-2251, 14-2156 10 paper copies received. [4241756] [14-2251, 14-2156] (MDS) [Entered: 02/05/2015 12:04 PM] |
CLERK ORDER:Granting [ # 4238732-2 ] motion leave to file amicus brief. American Public Power Association, Missouri Joint Municipal Electric Utility Commission and National Rural Electric Cooperative Association in 14-2156 and American Public Power Association, Missouri Joint Municipal Electric Utility Commission and National Rural Electric Cooperative Association in 14-2251 has been changed to an amicus in this case. [4240926] [14-2156, 14-2251] (MDS) [Entered: 02/03/2015 02:46 PM] |
Paper copies Amicus Brief, [ # 4240019-2 ] filed by American Fuel & Petrochemical Manufacturers, Chamber of Commerce of the United States, Minnesota Chamber of Commerce and National Association of Manufacturers in 14-2156, 14-2251 10 paper copies received. [4240982] [14-2156, 14-2251] (MDS) [Entered: 02/03/2015 03:48 PM] |
BRIEF FILED - AMICUS BRIEF filed by American Public Power Association, Missouri Joint Municipal Electric Utility Commission and National Rural Electric Cooperative Association in 14-2156, 14-2251 w/service 02/03/2015 , Length: 6824 words. 10 COPIES OF PAPER BRIEFS FROM American Public Power Association, Missouri Joint Municipal Electric Utility Commission and National Rural Electric Cooperative Association due 02/09/2015 WITH certificate of service for paper briefs [4240950] [14-2156, 14-2251] (MDS) [Entered: 02/03/2015 03:12 PM] |
Paper copies Amicus Brief, [ # 4238414-2 ] filed by American Coalition for Clean Coal Electricity and National Mining Association in 14-2156, 14-2251 10 paper copies received. [4241014] [14-2156, 14-2251] (MDS) [Entered: 02/03/2015 04:36 PM] |
CLERK ORDER: Upon consideration of the lack of any objection to the filing of an amicus brief by the Montana Coal Council and the Mountain States Legal Foundation, the motion is granted, and the clerk will file the brief tendered with the motion. [ # 4238506-2 ] [4239753] [14-2156, 14-2251] (MDS) [Entered: 01/30/2015 10:53 AM] |
CLERK ORDER: Upon consideration of the lack of any objection to the filing of an amicus brief by the Chamber of Commerce of the United States of America; the Minnesota Chamber of Commerce; the National Association of Manufacturers; and the American Fuel and Petrochemical Manufacturers, the motion is granted, and the clerk will file the brief tendered with the motion. [ # 4238463-2 ] [4239696] [14-2156, 14-2251] (MDS) [Entered: 01/30/2015 10:18 AM] |
APPEARANCE filed by Steven J. Lechner for Interested Partys Montana Coal Council and Mountain States Legal Foundation w/service 01/30/2015 [4239594] [14-2156] (MDS) [Entered: 01/30/2015 09:03 AM] |
CLERK ORDER:Parties are notified that absent the filing of a formal objection within 8 days, the motion of American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), Missouri Joint Municipal Electric Utility Commission (MJMEUC) for leave to participate as amicus curiae in support of appellee/cross-appellants will be deemed as granted. [4239785] [14-2156, 14-2251] (MDS) [Entered: 01/30/2015 11:26 AM] |
BRIEF FILED - AMICUS BRIEF filed by American Fuel & Petrochemical Manufacturers, Chamber of Commerce of the United States, Minnesota Chamber of Commerce and National Association of Manufacturers in 14-2156, 14-2251 w/service 01/27/2015 , Length: 6836 words. 10 COPIES OF PAPER BRIEFS FROM American Fuel & Petrochemical Manufacturers, Chamber of Commerce of the United States, Minnesota Chamber of Commerce and National Association of Manufacturers due 02/04/2015 WITH certificate of service for paper briefs [4239723] [14-2156, 14-2251] (MDS) [Entered: 01/30/2015 10:39 AM] |
APPEARANCE filed by Eric D. McArthur for Amici on Behalf of Appellee(s) American Fuel & Petrochemical Manufacturers, Chamber of Commerce of the United States, Minnesota Chamber of Commerce and National Association of Manufacturers w/service 01/29/2015 [4239887] [14-2156] (EDM) [Entered: 01/30/2015 01:38 PM] |
BRIEF FILED - AMICUS BRIEF filed by Montana Coal Council and Mountain States Legal Foundation in 14-2156, 14-2251 w/service 01/30/2015 , Length: 6864 words. 10 COPIES OF PAPER BRIEFS FROM Montana Coal Council and Mountain States Legal Foundation due 02/04/2015 WITH certificate of service for paper briefs [4239941] [14-2156, 14-2251] (MDS) [Entered: 01/30/2015 02:46 PM] |
BRIEF FILED - AMICUS BRIEF filed by American Fuel & Petrochemical Manufacturers, Chamber of Commerce of the United States, Minnesota Chamber of Commerce and National Association of Manufacturers in 14-2156, 14-2251 w/service 01/30/2015 , Length: 6836 words. 10 COPIES OF PAPER BRIEFS FROM American Fuel & Petrochemical Manufacturers, Chamber of Commerce of the United States, Minnesota Chamber of Commerce and National Association of Manufacturers due 02/04/2015 WITH certificate of service for paper briefs [4240019] [14-2156, 14-2251] **(This is a duplicate entry)** (MDS) [Entered: 01/30/2015 04:31 PM] |
CLERK ORDER: Upon consideration of the lack of any objection to the filing of an amicus brief by the American Coalition for Clean Coal Electricity and the National Mining Association, the motion filed by Mr. Patrick F. Hofer for leave to file an amicus brief is granted. [ # 4238717-2 ] [4239135] [14-2156, 14-2251] (MDS) [Entered: 01/29/2015 10:32 AM] |
MOTION interested party, American Coalition for Clean Coal Electricity, National Mining Association , for leave to file amicus curiae brief on behalf of Appellees/Cross-Appellants. w/service 01/28/2015. [4238717] [14-2156, 14-2251] (PFH) [Entered: 01/28/2015 11:37 AM] |
MOTION interested party, American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), Missouri Joint Municipal Electric Utility Commission (MJMEUC) , for leave to file amicus curiae brief on behalf of American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), Missouri Joint Municipal Electric Utility Commission (MJMEUC). w/service 01/28/2015. [4238732] [14-2156, 14-2251] (JMB) [Entered: 01/28/2015 11:58 AM] |
MOTION interested party, American Coalition for Clean Coal Electricity, National Mining Association , for leave to file amicus curiae brief on behalf of Appellees/Cross-Appellants. w/service 01/27/2015. [4238345] [14-2156, 14-2251] - [Edited 01/27/2015 by MDS - Reason: Wrong event used. Document is an amicus brief.] (PFH) [Entered: 01/27/2015 01:51 PM] |
MOTION interested party, Chamber of Commerce of the United States of America; The Minnesota Chamber of Commerce; The National Association of Manufacturers; and The American Fuel and Petrochemical Manufacturers , for leave to file amicus curiae brief on behalf of Chamber of Commerce of the United States of America; The Minnesota Chamber of Commerce; The National Association of Manufacturers; and The American Fuel and Petrochemical Manufacturers. w/service 01/27/2015. [4238463] [14-2156, 14-2251] (EDM) [Entered: 01/27/2015 04:02 PM] |
BRIEF FILED - AMICUS BRIEF filed by American Coalition for Clean Coal Electricity and National Mining Association in 14-2156, 14-2251 w/service 01/27/2015 , Length: 6707 words. 10 COPIES OF PAPER BRIEFS FROM American Coalition for Clean Coal Electricity and National Mining Association due 02/02/2015 WITH certificate of service for paper briefs [4238414] [14-2156, 14-2251] (MDS) [Entered: 01/27/2015 03:11 PM] |
MOTION interested party, Montana Coal Council and Mountain States Legal Foundation , for leave to file amicus curiae brief on behalf of Appellees. w/service 01/27/2015. [4238506] [14-2156, 14-2251] Brief with typo corrected attached--[Edited 01/28/2015 by LMT] (SJL) [Entered: 01/27/2015 04:35 PM] |
Paper copies Second Brief, [ # 4236351-2 ] filed by Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, 14-2251 10 paper copies received. w/Addendum attached [4237239] [14-2156, 14-2251] (MDS) [Entered: 01/23/2015 01:24 PM] |
CLERK ORDER:Parties are notified that absent the filing of a formal objection within 8 days, the motion of Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center for leave to participate as amicus curiae in support of Appellee/Cross-Appellants will be deemed as granted. [4236608] [14-2156, 14-2251] (MDS) [Entered: 01/22/2015 10:35 AM] |
ADDENDUM of APPELLEE FILED by Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 , w/service 01/21/2015 [4236274] [14-2156, 14-2251] (MDS) [Entered: 01/21/2015 01:20 PM] |
Brief deficiency notice sent to counsel, Attorney Mr. Thomas Henry Boyd for Appellees Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, Attorney Mr. Thomas Henry Boyd for Appellants Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2251. [4236259] [14-2156, 14-2251] (MDS) [Entered: 01/21/2015 01:08 PM] |
MOTION interested party, Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center , for leave to file amicus curiae brief on behalf of Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center. w/service 01/21/2015. [4236303] [14-2156, 14-2251] (JW) [Entered: 01/21/2015 01:47 PM] |
BRIEF FILED - BRIEF APPELLEE/CROSS APPELLANT filed by Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, 14-2251. w/service 01/20/2015 , Length: 16,276 words. 10 COPIES OF PAPER BRIEFS FROM Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota due 01/26/2015 WITH certificate of service for paper briefs . Third brief of David C. Boyd, Beverly Heydinger, Nancy Lange, Dan M. Lipschultz, Mike Rothman and Betsy Wergin brief due on 02/20/2015. [4236351] [14-2156, 14-2251] (NDA RE-SENT TO COUNSEL WTIH REPLACEMENT BRIEF ATTACHED)--[Edited 01/26/2015 by CMW] (MDS) [Entered: 01/21/2015 02:34 PM] |
RECORD FILED - APLEE/RES APPENDIX, 1 volumes, Location STL, Comments: 3 copies. Appellee/Cross-appellant appendix [4236308] [14-2156, 14-2251] (MDS) [Entered: 01/21/2015 01:53 PM] |
Addendum of APPELLEE submitted for review by Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, 14-2251 [4236019] [14-2156, 14-2251] (THB) [Entered: 01/20/2015 06:43 PM] |
APPELLEE brief of Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, 14-2251 submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [4236018] [14-2156, 14-2251] (THB) [Entered: 01/20/2015 06:41 PM] |
APPEARANCE filed by Gerad C. Paul for Appellee Minnkota Power Cooperative w/service 01/08/2015 [4232780] [14-2156] (GP) [Entered: 01/08/2015 03:46 PM] |
APPEARANCE filed by Benjamin R. Kwan for Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota w/service 12/31/2014 [4230753] [14-2156] (BRK) [Entered: 12/31/2014 03:18 PM] |
APPEARANCE filed by Christina Rieck Loukas for Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota w/service 12/30/2014 [4230296] [14-2156] (CRL) [Entered: 12/30/2014 02:13 PM] |
MOTION for extension of time to file brief until 01/20/2015, filed by Attorney Mr. Thomas Henry Boyd for Appellees Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, Attorney Mr. Thomas Henry Boyd for Appellants Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2251 w/service 12/29/2014. [4229841] [14-2156, 14-2251] (THB) [Entered: 12/29/2014 02:51 PM] |
CLERK ORDER:Granting [ # 4229841-2 ] motion for extension of time to file brief filed by Mr. Thomas Henry Boyd. aplee/cr. aplnt brief of Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota due on 01/20/2015. [4229920] [14-2156, 14-2251] (MDS) [Entered: 12/29/2014 04:24 PM] |
LETTER from Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 regarding Attorney David B. Sogard has withdrawn as counsel for Appellee/Cross-Appellant Minnkota Power Cooperative, Inc. Gerad C. Paul has been substituted for David Sogard.. w/service 12/29/2014 [4229687] [14-2156, 14-2251] (THB) [Entered: 12/29/2014 11:20 AM] |
Paper copies Amicus Brief, [ # 4219033-2 ] filed by American Wind Energy Association and Solar Energy Industries Association in 14-2156, 14-2251 10 paper copies received. [4225551] [14-2156, 14-2251] (MDS) [Entered: 12/12/2014 03:16 PM] |
Brief deficiency notice sent to counsel, Attorney Mr. Eugene Grace for Amicus on Behalf of Appellant(s) American Wind Energy Association in 14-2156. [4222596] [14-2156, 14-2251] (MDS) [Entered: 12/04/2014 02:26 PM] |
Paper copies Amicus Brief, [ # 4219018-2 ] filed by Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council and Sierra Club in 14-2156, 14-2251 10 paper copies received. [4222094] [14-2156, 14-2251] (MDS) [Entered: 12/03/2014 03:24 PM] |
RECORD FILED - AMICUS APNDX, 1 volumes, Location STL, Comments: Appendix of Amici Curiae Environmental Defense Fund; Environmental Law and Policy Center; Natural Resources Defense Counsel; and Sierra Club [4222086] [14-2156, 14-2251] (MDS) [Entered: 12/03/2014 03:18 PM] |
Paper copies Amicus Brief, [ # 4219027-2 ] filed by Fresh Energy, Issac Walton League of America - Midwest Office and Minnesota Center for Environmental Advocacy in 14-2156, 14-2251 10 paper copies received. [4220183] [14-2156, 14-2251] (MDS) [Entered: 11/26/2014 12:13 PM] |
Paper copies Amicus Brief, [ # 4219037-2 ] filed by Mr. Steven Gaw and Mr. Steven Weissman in 14-2156, 14-2251 10 paper copies received. [4220223] [14-2156, 14-2251] (MDS) [Entered: 11/26/2014 12:56 PM] |
BRIEF FILED - AMICUS BRIEF filed by Fresh Energy, Issac Walton League of America - Midwest Office and Minnesota Center for Environmental Advocacy in 14-2156, 14-2251 w/service 11/24/2014 , Length: 5534 words. 10 COPIES OF PAPER BRIEFS FROM Fresh Energy, Issac Walton League of America - Midwest Office and Minnesota Center for Environmental Advocacy due 12/01/2014 WITH certificate of service for paper briefs [4219027] [14-2156, 14-2251] (MDS) [Entered: 11/24/2014 10:48 AM] |
BRIEF FILED - AMICUS BRIEF filed by American Wind Energy Association and Solar Energy Industries Association in 14-2156, 14-2251 w/service 11/24/2014 , Length: 5521 words. 10 COPIES OF PAPER BRIEFS FROM American Wind Energy Association and Solar Energy Industries Association due 12/01/2014 WITH certificate of service for paper briefs [4219033] [14-2156, 14-2251] (MDS) [Entered: 11/24/2014 10:55 AM] |
BRIEF FILED - AMICUS BRIEF filed by Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council and Sierra Club in 14-2156, 14-2251 w/service 11/24/2014 , Length: 6992 words. 10 COPIES OF PAPER BRIEFS FROM Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council and Sierra Club due 12/01/2014 WITH certificate of service for paper briefs [4219018] [14-2156, 14-2251] (MDS) [Entered: 11/24/2014 10:36 AM] |
BRIEF FILED - AMICUS BRIEF filed by Mr. Steven Gaw and Mr. Steven Weissman in 14-2156, 14-2251 w/service 11/24/2014 , Length: 3748 words. 10 COPIES OF PAPER BRIEFS FROM Steven Gaw and Steven Weissman due 12/01/2014 WITH certificate of service for paper briefs [4219037] [14-2156, 14-2251] (MDS) [Entered: 11/24/2014 11:02 AM] |
CLERK ORDER:Granting in Part [ # 4218473-2 ] motion for extension of time to file brief filed by Mr. Thomas Henry Boyd [4218634] aplee/cr. aplnt brief of Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota due on 01/05/2015. [4218634] [14-2156, 14-2251] (MDS) [Entered: 11/21/2014 11:17 AM] |
MOTION for extension of time to file brief until 01/14/2015, filed by Attorney Mr. Thomas Henry Boyd for Appellees Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, Attorney Mr. Thomas Henry Boyd for Appellants Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2251 w/service 11/20/2014. [4218473] [14-2156, 14-2251] (THB) [Entered: 11/20/2014 05:12 PM] |
Tendered proposed amicus brief of American Wind Energy Association and Solar Energy Industries Association. Received from Mr. Eugene Grace for American Wind Energy Association, and Mr. Richard Umoff for Solar Energy Industries Association in 14-2156, 14-2251 w/service 11/13/2014 [4215928] [14-2156, 14-2251] (MDS) [Entered: 11/13/2014 12:23 PM] |
Tendered proposed amicus brief received from Interested Partys Mr. Steven Gaw and Mr. Steven Weissman in 14-2156, 14-2251 w/service 11/13/2014 [4216065] [14-2156, 14-2251] (MDS) [Entered: 11/13/2014 03:44 PM] |
CLERK ORDER:Parties are notified that absent the filing of a formal objection within 8 days, the motion of Steven Gaw and Steven Weissman for leave to participate as amicus curiae in support of the appellants will be deemed as granted. [4216075] [14-2156, 14-2251] (MDS) [Entered: 11/13/2014 04:00 PM] |
Tendered proposed Amicus brief received from Mr. Sean H. Donahue for Natural Resources Defense Council, Sierra Club, Environmental Defense Fund and Environmental Law and Policy Center in 14-2156, 14-2251 w/service 11/10/2014 [4215626] [14-2156, 14-2251] (MDS) [Entered: 11/12/2014 03:28 PM] |
CLERK ORDER: Parties are notified that absent the filing of a formal objection within 8 days, the motion of Environmental Defense Fund; Environmental Law and Policy Center; Natural Resources Defense Council; and Sierra Club, and the motion of Minnesota Center for Environmental Advocacy; Fresh Energy; and Izaak Walton League of America - Midwest Office for leave to participate as amici curiae in support of the appellants will be deemed as granted. [4215597] [14-2156, 14-2251] (MDS) [Entered: 11/12/2014 02:48 PM] |
MOTION interested party, Minnesota Center for Environmental Advocacy, Fresh Energy, Izaak Walton League of America - Midwest Office , for leave to file amicus curiae brief on behalf of Appellants. w/service 11/12/2014. [4215442] [14-2156, 14-2251] (SRS) [Entered: 11/12/2014 11:45 AM] |
Tendered proposed Amicus brief received from Mr. Scott R Strand for Minnesota Center for Environmental Advocacy, Fresh Energy and Issac Walton League of America - Midwest Office in 14-2156, 14-2251 w/service 11/10/2014 [4215648] [14-2156, 14-2251] (MDS) [Entered: 11/12/2014 03:49 PM] |
APPEARANCE filed by Eugene Grace for Interested Party American Wind Energy Association w/service 11/12/2014 [4215416] [14-2156] (MDS) [Entered: 11/12/2014 11:13 AM] |
APPEARANCE filed by Richard Umoff for Interested Party Solar Energy Industries Association w/service 11/12/2014 [4215694] [14-2156] (RU) [Entered: 11/12/2014 04:52 PM] |
MOTION interested party, American Wind Energy Association; Solar Energy Industries Association , for leave to file amicus curiae brief on behalf of American Wind Energy Association; Solar Energy Industries Association. w/service 11/12/2014. [4215670] [14-2156, 14-2251] (EG) [Entered: 11/12/2014 04:09 PM] |
MOTION interested party, Steven Gaw and Steven Weissman , for leave to file amicus curiae brief on behalf of Appellants. w/service 11/12/2014. [4215699] [14-2156, 14-2251] (MNT) [Entered: 11/12/2014 05:28 PM] |
MOTION interested party, American Wind Energy Association; Solar Energy Industries Association , for leave to file amicus curiae brief on behalf of the appellants. w/service 11/12/2014. [4215680] [14-2156, 14-2251]--[Edited 11/12/2014 by MDS - Reason: DOCUMENT IS NOT A MOTION. DOCUMENT IS A TENDERED AMICUS BRIEF] (EG) [Entered: 11/12/2014 04:19 PM] |
APPEARANCE filed by Sean H. Donahue for Interested Partys Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council and Sierra Club w/service 11/10/2014 [4215058] [14-2156] (MDS) [Entered: 11/10/2014 02:07 PM] |
APPEARANCE filed by Sean H. Donahue for Interested Partys Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council and Sierra Club w/service 11/10/2014 [4215135] [14-2156] (MDS) [Entered: 11/10/2014 03:31 PM] |
APPEARANCE filed by Mark N. Templeton for Interested Partys Mr. Steven Gaw and Mr. Steven Weissman w/service 11/10/2014 [4215011] [14-2156] (MDS) [Entered: 11/10/2014 01:25 PM] |
APPEARANCE filed by Scott R. Strand for Interested Party Minnesota Center for Environmental Advocacy w/service 11/10/2014 [4215129] [14-2156] (SRS) [Entered: 11/10/2014 03:20 PM] |
AMICUS brief of Minnesota Center for Environmental Advocacy in 14-2156, 14-2251 submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [4215147] [14-2156, 14-2251] [Edited 11/12/2014 by MDS - Reason: This document has been refiled using the correct ECF relief.] (SRS) [Entered: 11/10/2014 03:43 PM] |
MOTION interested party, Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council, Sierra Club , for leave to file amicus curiae brief on behalf of Appellants. w/service 11/10/2014. [4215230] [14-2156, 14-2251] (SHD) [Entered: 11/10/2014 09:48 PM] |
Paper copies Appellant/Petitioner Brief, [ # 4213059-2 ] filed by Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156 10 paper copies received. w/Addendum attached [4214718] [14-2156, 14-2251] (MDS) [Entered: 11/07/2014 03:01 PM] |
RECORD FILED - APLNT/PET APPENDIX, 2 volumes, Location STL, Comments: 3 copies [4214083] [14-2156, 14-2251] (MDS) [Entered: 11/06/2014 11:39 AM] |
BRIEF FILED - APPELLANT BRIEF filed by Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156. w/service 11/04/2014 , Length: 13,943 words. 10 COPIES OF PAPER BRIEFS FROM David C. Boyd, Beverly Heydinger, Nancy Lange, Dan M. Lipschultz, Mike Rothman and Betsy Wergin due 11/10/2014 WITH certificate of service for paper briefs Second brief of aplee/cr. aplnt due on 12/04/2014. [4213059] [14-2156, 14-2251] (NDA RE-SENT WITH CORRECT DOCUMENT ATTACHED)--[Edited 11/04/2014 by CMW] (MDS) [Entered: 11/04/2014 10:53 AM] |
ADDENDUM of APPELLANT FILED by Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156 , w/service 11/04/2014 [4213079] [14-2156, 14-2251] (MDS) [Entered: 11/04/2014 11:09 AM] |
Addendum of APPELLANT submitted for review by Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156, 14-2251 [4212774] [14-2156, 14-2251] (AMH) [Entered: 11/03/2014 04:36 PM] |
APPELLANT brief of Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156, 14-2251 submitted for review. The time for filing the subsequent brief does not begin to run until the brief has been approved and filed. [4212772] [14-2156, 14-2251] (AMH) [Entered: 11/03/2014 04:35 PM] |
JUDGE ORDER: The motion to dismiss the Plaintiffs' cross-appeal is granted as to the issues that the District Court did not address on the merits in its order of April 18, 2014. In that same order, the court denied Plaintiffs their attorney fees, so that portion of the judgment may be cross-appealed, the pending motion for fees notwithstanding. The appellants' opening brief in appeal 14-2156 is due November 3, 2014. [ # 4174493-2 ] Adp Aug 2014 [4202876] [14-2156, 14-2251] (MDS) [Entered: 10/02/2014 03:44 PM] |
LETTER from Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2156, Appellants Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota in 14-2251 regarding Letter to Court notifying Court of Derek Allen's withdrawl as counsel of record for Appellees/Cross-Appellants.. w/service 07/31/2014 [4181436] [14-2156, 14-2251] (THB) [Entered: 07/31/2014 03:51 PM] |
REPLY to response [ # 4177469-2 ] filed by Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156, Appellees Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. Dan M. Lipschultz, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2251 w/service 07/24/2014. [4178994] [14-2156, 14-2251] (AMH) [Entered: 07/24/2014 04:24 PM] |
RESPONSE in opposition to motion to dismiss case [ # 4174493-2 ] filed by Attorney Mr. Thomas Henry Boyd for Appellees Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2156, Attorney Mr. Thomas Henry Boyd for Appellants Minnkota Power Cooperative, State of North Dakota, Basin Electric Power Cooperative, North American Coal Corporation, Industrial Commission of North Dakota, Lignite Energy Council, Great Northern Properties Limited Partnership and Missouri Basin Municipal Power Agency in 14-2251 , w/service 07/21/2014. [4177469] [14-2156, 14-2251] (THB) [Entered: 07/21/2014 04:16 PM] |
CLERK LETTER sent to hold briefing schedule in abeyance.. [4175423] [14-2156, 14-2251] (MDS) [Entered: 07/15/2014 02:08 PM] |
MOTION to dismiss case, filed by Attorney Ms. Alethea Marie Huyser for Appellants Honorable Beverly Heydinger, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange, Mr. Mike Rothman and Mr. Dan M. Lipschultz in 14-2156 w/service 07/11/2014. [4174493] [14-2156, 14-2251] (AMH) [Entered: 07/11/2014 04:33 PM] |
CLERK LETTER sent regarding new captions in case substituting Dan Lipschultz for J. Dennis O'Brien. [4163327] [14-2156, 14-2251] (CYZ) [Entered: 06/10/2014 02:34 PM] |
CLERK ORDER:Granting [ # 4162312-2 ] motion to substitute party filed by Ms. Alethea Marie Huyser. Appellant J. Dennis O'Brien in 14-2156 substituted by Appellant Dan M. Lipschultz in 14-2156 [4162884] [14-2156, 14-2251] (MDS) [Entered: 06/09/2014 04:36 PM] |
LETTER from Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. J. Dennis O'Brien, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156 regarding Letter requesting 30 day extension on the time for the filing of their initial brief and appendix. w/service 06/06/2014 [4162297] [14-2156, 14-2251] (AMH) [Entered: 06/06/2014 02:48 PM] |
MOTION to substitute Dan Lipschultz for J. Dennis O'Brien., filed by Attorney Ms. Alethea Marie Huyser for Appellants Honorable Beverly Heydinger, Mr. J. Dennis O'Brien, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange and Mr. Mike Rothman in 14-2156, Attorney Ms. Alethea Marie Huyser for Appellees Honorable Beverly Heydinger, Mr. J. Dennis O'Brien, Ms. Betsy Wergin, Mr. David C. Boyd, Ms. Nancy Lange and Mr. Mike Rothman in 14-2251 w/service 06/06/2014. [4162312] [14-2156, 14-2251] (AMH) [Entered: 06/06/2014 03:01 PM] |
CLERK ORDER:Granting [ # 4162297-2 ] request for extension of time to file brief filed by Appellants [4162369] [14-2156, 14-2251] Appellants brief and appendix due 8/8/2014 (LMT) [Entered: 06/06/2014 04:12 PM] |
APPEARANCE filed by Brent A. Lorentz for Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota w/service 05/30/2014 [4159243] [14-2156] (BAL) [Entered: 05/30/2014 10:53 AM] |
APPEARANCE filed by Derek R. Allen for Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota w/service 05/30/2014 [4159218] [14-2156] (DRA) [Entered: 05/30/2014 10:44 AM] |
APPEARANCE filed by Thomas H. Boyd for Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota w/service 05/30/2014 [4159186] [14-2156] (THB) [Entered: 05/30/2014 10:13 AM] |
CORPORATE disclosure statement filed by Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota. - FOR CAL [4159254] [14-2156] (THB) [Entered: 05/30/2014 11:01 AM] |
CORRECTED certificate of service for Appearance , Doc No. [ # 4159186-2 ], filed by Appellees Basin Electric Power Cooperative, Great Northern Properties Limited Partnership, Industrial Commission of North Dakota, Lignite Energy Council, Minnkota Power Cooperative, Missouri Basin Municipal Power Agency, North American Coal Corporation and State of North Dakota [4159225] [14-2156] (THB) [Entered: 05/30/2014 10:48 AM] |
METHOD of appendix preparation filed by Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. J. Dennis O'Brien, Mr. Mike Rothman and Ms. Betsy Wergin - Separate Appendix w/service 05/30/2014 [4159612] [14-2156] (AMH) [Entered: 05/30/2014 04:25 PM] |
BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 07/09/2014. BRIEF OF APPELLANT David C. Boyd, Beverly Heydinger, Nancy Lange, J. Dennis O'Brien, Mike Rothman and Betsy Wergin due 07/09/2014.. Appellee/cross Appellant brief due 30 days from the date the court issues the Notice of Docket Activity filing the appellant's brief. [14-2156, 14-2251] (CYZ) [Entered: 05/30/2014 12:40 PM] |
Certificate of transcript filed by Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. J. Dennis O'Brien, Mr. Mike Rothman and Ms. Betsy Wergin in 14-2156. No Transcript Appellants' Certificate as to no transcript [4159611] [14-2156, 14-2251] (AMH) [Entered: 05/30/2014 04:24 PM] |
STATEMENT of issues filed by Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. J. Dennis O'Brien, Mr. Mike Rothman and Ms. Betsy Wergin w/service 05/30/2014 [4159616] [14-2156] (AMH) [Entered: 05/30/2014 04:29 PM] |
APPEARANCE filed by Michael Everson for Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. J. Dennis O'Brien, Mr. Mike Rothman and Ms. Betsy Wergin w/service 05/29/2014 [4158870] [14-2156] (ME) [Entered: 05/29/2014 02:27 PM] |
APPEARANCE filed by Alethea M. Huyser for Appellants Mr. David C. Boyd, Honorable Beverly Heydinger, Ms. Nancy Lange, Mr. J. Dennis O'Brien, Mr. Mike Rothman and Ms. Betsy Wergin w/service 05/29/2014 [4158996] [14-2156] (AMH) [Entered: 05/29/2014 04:19 PM] |
RECORD FILED - MOTION TRANSCRIPT, Location STP, Comments: Doc. 204, Source Location: USDC, Dt. of Proceeding/Hearing: 10/17/2013, No. of Pgs.: 117, Court Reporter: Schuetz, Heather [4156525] [14-2156] (JMM) [Entered: 05/21/2014 04:11 PM] |
RECORD FILED - MOTION TRANSCRIPT, Location STP, Comments: Doc. 22, Source Location: USDC, Dt. of Proceeding/Hearing: 04/12/2012, No. of Pgs.: 48, Court Reporter: Bebault, Carla R [4156521] [14-2156] (JMM) [Entered: 05/21/2014 04:05 PM] |
Originating court document filed consisting of notice of appeal, docket entries, memorandum opinion and order dated 4/18/14, judgment of 4/18/14 [4155355] [14-2156] (CYZ) [Entered: 05/19/2014 12:58 PM] |
BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 06/30/2014. Appendix due 07/08/2014. BRIEF APPELLANT, David C. Boyd, Beverly Heydinger, Nancy Lange, J. Dennis O'Brien, Mike Rothman and Betsy Wergin due 07/08/2014 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. Appellant reply brief is due 14 days from the date the court issues the Notice of Docket Activity filing the appellee brief. [4155359] [14-2156] (CYZ) [Entered: 05/19/2014 01:00 PM] |
Civil case docketed. [4155349] [14-2156] (CYZ) [Entered: 05/19/2014 12:46 PM] |
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