Arizona Mining Reform Coalition et al v. United States Forest Service et al
| Earthworks, Arizona Mining Reform Coalition, Access Fund, Center for Biological Diversity, Grand Canyon Chapter of the Sierra Club and Inter Tribal Association of Arizona Incorporated |
| United States Forest Service, Neil Bosworth and Tom Torres |
| Resolution Copper Mining LLC |
| 2:2021cv00122 |
| January 22, 2021 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. § 4321 |
| None |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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Filing 35
ORDER - Pursuant to the parties' joint Status Report (Doc. #33 ), this case is stayed pending the Forest Service's publication of a future Final Environmental Impact Statement and Draft Record of Decision for the Resolution Copper Project and Land Exchange. The parties shall submit a status report to this Court 90 days after the date of this Order. See Order for further details. Signed by Judge Douglas L Rayes on 3/15/21. (DXD)
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| Filing 34 REPLY to Response to Motion re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases filed by Neil Bosworth, Tom Torres, United States Forest Service, Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America, Neil Bosworth, Tom Torres. (Associated Cases: 2:21-cv-00122-DLR, 2:21-cv-00050-SPL, 2:21-cv-00068-DWL) (Norman, Erika) |
| Filing 33 STATUS REPORT Joint Status Report by Arizona Mining Reform Coalition. (Attachments: #1 Text of Proposed Order)(Flynn, Roger) |
| Filing 32 RESPONSE to Motion re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases in Opposition filed by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Associated Cases: 2:21-cv-00050-SPL, 2:21-cv-00068-DWL, 2:21-cv-00122-DLR) (DXD) |
| Filing 31 **REFILED at Doc. #32 ** RESPONSE in Opposition re: #8 MOTION to Consolidate Cases filed by Arizona Mining Reform Coalition. (Flynn, Roger) *Modified to correct event. Redocketed by Clerk using correct event on 3/5/2021 (DXD). |
| Filing 30 MINUTE ORDER: Pursuant to #29 Plaintiff's Notice of Withdrawal of Plaintiff's Motion for Preliminary Injunction, oral argument set for 3/5/2021 at 1:30 PM is VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Filing 29 *WITHDRAWAL OF DOCUMENT re: #9 MOTION for Preliminary Injunction by Arizona Mining Reform Coalition. (Flynn, Roger) *Modified to correct event on 3/4/2021 (DXD). |
| Filing 28 STIPULATION re: #9 MOTION for Preliminary Injunction , 27 Order, Set Deadlines Joint Stipulation by Arizona Mining Reform Coalition. (Flynn, Roger) |
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Filing 27
ORDER: In light of the 3/1/2021 USDA directive to rescind the FEIS and draft Record of Decision for the Resolution Copper Project, the Court believes that the 3/5/2021 oral argument should be vacated. However, the Court will provide the parties an opportunity to object. If the Court receives no objection by 3/3/2021 at 5:00 PM, the 3/5/2021 hearing will be vacated. Should neither side object to the vacating of the hearing, the parties shall file a joint status report no later than 3/10/2021 that explains the status of the case moving forward and that includes a proposed schedule. Ordered by Judge Douglas L Rayes on 3/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 26 RESPONSE in Opposition re: #9 MOTION for Preliminary Injunction and Notice of Superseding Agency Action filed by Neil Bosworth, Tom Torres, United States Forest Service. (Attachments: #1 Exhibit Declaration of Tracy Parker, #2 Exhibit Mem. from USDA to USFS, #3 Exhibit USFS Ltr. to EPA)(Norman, Erika) |
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Filing 25
RESPONSE in Opposition re: #9 MOTION for Preliminary Injunction filed by Resolution Copper Mining LLC. (Attachments: #1 Exhibit A - Order by Judge Logan, #2 Exhibit B - Declaration of Andrew Lye, #3 Exhibit C - Declaration of Victoria Peacey, #4 Exhibit D - Declaration of Sterling Hundley)(Thomas, Christopher)
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| Filing 24 SERVICE EXECUTED filed by Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated: Proof of Service re: Complaint, Summons, Civil Cover Sheet, Corporate Disclosure Statement, Order, etc. upon Tonto National Forest Supervisor Neil Bosworth on 1/28/21; Tonto National Forest Acting Supervisor Tom Torres on 1/27/21; U.S. Attorney's Office District of Arizona on 1/28/21; Acting U.S. Attorney General Robert M. Wilkinson on 2/1/21; United States Department of Agriculture on 2/1/21; United States Forest Service on 2/1/21. (Montgomery, Susan) *Modified text on 3/1/2021 (DXD). |
| Filing 23 ANSWER to #1 Complaint by Resolution Copper Mining LLC.(DXD) |
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Filing 22
ORDER granting #20 Motion to Intervene. The Clerk shall file Resolution's proposed form of Answer, which was lodged with the Court, as Exhibit B of the Motion. Signed by Judge Douglas L Rayes on 2/23/21. (DXD)
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| Filing 21 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Scheduling Conference held on 2/23/2021. Upon discussion with the parties, IT IS ORDERED setting the following schedule as to the #9 Motion for Preliminary Injunction: Response due by 3/2/2021. Reply due by noon on 3/4/2021. Telephonic Oral Argument set for 3/5/2021 at 01:30 PM. APPEARANCES: Telephonic appearance by Roger Flynn, Marc Fink, and Susan Montgomery for Plaintiffs. Telephonic appearance by Erica Norman for Defendants. Telephonic appearance by Chris Thomas for Defendant-Intervenor Resolution Copper Mining LLC. (Court Reporter Jennifer Pancratz.) Hearing held 9:58 am to 10:12 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) |
| Filing 20 MOTION to Intervene (Unopposed) by Resolution Copper Mining LLC. (Attachments: #1 Exhibit A Declaration of Andrew Lye, #2 Exhibit B (Proposed) Answer, #3 Text of Proposed Order)(Thomas, Christopher) |
| Filing 19 Corporate Disclosure Statement by Resolution Copper Mining LLC identifying Corporate Parent Resolution Copper Company, Corporate Parent BHP Copper Incorporated for Resolution Copper Mining LLC. (Thomas, Christopher) |
| Filing 18 NOTICE of Appearance by Christopher David Thomas on behalf of Resolution Copper Mining LLC. (Thomas, Christopher) |
| Filing 17 Joinder re: (60 in 2:21-cv-00050-SPL) MOTION to Consolidate Cases . filed by Resolution Copper Mining LLC. (Associated Cases: 2:21-cv-00068-DWL, 2:21-cv-00050-SPL, 2:21-cv-00122-DLR) (Thomas, Christopher) |
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Filing 16
ORDER: IT IS ORDERED granting #12 Unopposed Motion for Additional Pages for Motion for Preliminary Injunction. The Court accepts Plaintiffs' Motion for Preliminary Injunction (and included Memorandum in Support) up to 27 pages. Federal Defendants' response to the Motion for Preliminary Injunction shall be limited to 27 pages. Plaintiffs' reply brief shall be limited to 16 pages. Ordered by Judge Douglas L Rayes on 2/22/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 15 NOTICE OF ATTORNEY APPEARANCE: Erika Norman appearing for Neil Bosworth, Tom Torres, United States Forest Service. . (Norman, Erika) |
| Filing 14 Additional Attachments to Main Document re: #9 MOTION for Preliminary Injunction by Plaintiffs Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Attachments: #1 Exhibit 6)(Montgomery, Susan) |
| Filing 13 MINUTE ORDER: Scheduling Conference re: #9 Plaintiff's Motion for Preliminary Injunction set for 2/23/2021 at 10:00 AM before Judge Douglas L Rayes. The parties are advised oral argument on the motion will not be heard at this hearing, only a briefing schedule on the motion will be established. The parties will be provided with call-in information via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Filing 12 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Attachments: #1 Text of Proposed Order)(Montgomery, Susan) |
| Filing 11 Additional Attachments to Main Document re: #9 MOTION for Preliminary Injunction by Plaintiffs Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Attachments: #1 Exhibit 21, #2 Text of Proposed Order)(Montgomery, Susan) |
| Filing 10 Additional Attachments to Main Document re: #9 MOTION for Preliminary Injunction by Plaintiffs Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19)(Montgomery, Susan) |
| Filing 9 MOTION for Preliminary Injunction by Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Montgomery, Susan) |
| Filing 8 MOTION to Consolidate Cases by Neil Bosworth, Tom Torres, United States Forest Service, Neil Bosworth, Tom Torres, Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres, United States of America. (Associated Cases: CV-21-00050-PHX-SPL, CV-21-00068-PHX-DWL, CV-00122-PHX-DLR) (Alexander, Tyler) |
| Remark: Pro hac vice motion(s) granted for Roger Flynn on behalf of Plaintiffs Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Jeffrey C Parsons on behalf of Plaintiffs Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 7
ORDER - The parties are advised, pursuant to LRCiv 12.1(c), that motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) and motions for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) are discouraged if the defect(s) in the complaint can be cured by a permissible amendment. Plaintiff shall serve a copy of this Order upon Defendant and file notice of service with the Court. See document for complete details. Signed by Judge Douglas L Rayes on 1/25/2021. (WLP)
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| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Arizona Mining Reform Coalition, Access Fund, Inter Tribal Association of Arizona Incorporated, Center for Biological Diversity, Grand Canyon Chapter of the Sierra Club, Earthworks. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Remark: Pro hac vice motion(s) granted for Allison N Melton on behalf of Plaintiffs Access Fund, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated, Defendant Neil Bosworth. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Marc D Fink on behalf of Plaintiffs Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 4 Filing fee paid, receipt number 0970-19087782. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-21-122-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (Flynn, Roger) (JAM) |
| Filing 3 SUMMONS Submitted by Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (Flynn, Roger) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(JAM) |
| Filing 2 Corporate Disclosure Statement by Access Fund, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Grand Canyon Chapter of the Sierra Club, Inter Tribal Association of Arizona Incorporated. (JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19087782 filed by Grand Canyon Chapter of the Sierra Club, Center for Biological Diversity, Arizona Mining Reform Coalition, Earthworks, Inter Tribal Association of Arizona Incorporated, Access Fund. (Flynn, Roger) (Attachments: #1 Civil Cover Sheet)(JAM) |
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