Patagonia Area Resource Alliance et al v. United States Forest Service et al
| Patagonia Area Resource Alliance, Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Save the Scenic Santa Ritas and Tucson Audubon Society |
| United States Forest Service and Kerwin S Dewberry |
| South32 Hermosa Incorporated, Arizona Standard LLC and Arizona Minerals Incorporated |
| Town of Patagonia |
| 4:2023cv00280 |
| June 20, 2023 |
| US District Court for the District of Arizona |
| Jennifer G Zipps |
| Other Statutes: Environmental Matters |
| 16 U.S.C. § 1538 Endangered Species Act |
| None |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 47
MINUTE ENTRY for proceedings held before Judge Jennifer G. Zipps: Motion Hearing held on 8/24/2023. Parties present their arguments to the Court. Plaintiffs' Motion for Preliminary Injunction #25 is taken under advisement. Formal order to follow. APPEARANCES: Timothy Preso and Scott Stern for Plaintiffs. Andrew Smith for United States Forest Service and Kerwin S. Dewberry. Jason Covault for Intervenor Defendant Arizona Standard, LLC. Laura Granier for Intervenor Defendant South32 Hermosa Incorporated. (Court Reporter Cindy Shearman.) Hearing held 3:38 pm to 5:49 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC)
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Filing 46
ORDER granting #43 Motion for Extension of Time to Answer. The Federal Defendants must file their answer within 28 days of the filing of Plaintiffs' amended complaint. Signed by Judge Jennifer G Zipps on 8/23/2023. (ARC)
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Filing 45
NOTICE of Appearance by Andrew Allen Smith on behalf of Kerwin S Dewberry, United States Forest Service. (Smith, Andrew)
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Filing 44
REPLY to Response to Motion re: #25 MOTION for Preliminary Injunction filed by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Exhibit 2014 Sunnyside DM, #2 Exhibit CBD v, Stahn Order, #3 Exhibit Alexander Email, #4 Exhibit Santa Cruz County NBRE, #5 Exhibit Second Preso Decl.)(Preso, Timothy)
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Filing 43
Consent MOTION for Extension of Time to File Answer re: #1 Complaint, by Kerwin S Dewberry, United States Forest Service. (Attachments: #1 Proposed Order)(Alexander, Tyler)
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Filing 42
NOTICE re: of Supplemental Authority by Kerwin S Dewberry, United States Forest Service re: #38 Response in Opposition to Motion . (Alexander, Tyler)
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Filing 41
Corporate Disclosure Statement by Arizona Standard LLC identifying Corporate Parent Barksdale Resources Corporation for Arizona Standard LLC. (Covault, Jason)
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Filing 40
RESPONSE in Opposition re: #25 MOTION for Preliminary Injunction filed by Arizona Standard LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Covault, Jason)
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Filing 39
RESPONSE in Opposition re: #25 MOTION for Preliminary Injunction filed by South32 Hermosa 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, #11 Exhibit 11)(Granier, Laura)
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Filing 38
RESPONSE in Opposition re: #25 MOTION for Preliminary Injunction filed by Kerwin S Dewberry, United States Forest Service. (Alexander, Tyler)
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Filing 37
MEMORANDUM in Support of #25 MOTION for Preliminary Injunction by Amicus Town of Patagonia. (Attachments: #1 Exhibit Exhibits to amicus memorandum)(Herr-Cardillo, Joy)
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Filing 36
ORDER granting #35 Motion for Leave to File Amicus Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction and to Participate as Amicus Curiae. The Town of Patagonia may file its Amicus Memorandum. Signed by Judge Jennifer G Zipps on 7/24/23. (See attached Order for complete details) (JAM)
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Filing 35
MOTION to File Amicus Curiae Memorandum by Town of Patagonia. (Attachments: #1 Attachment Proposed Amicus Memorandum, #2 Exhibit Exhibits to Proposed Memorandum, #3 Proposed Order Proposed Order Granting Motion)(Herr-Cardillo, Joy)
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Filing 34
Sealed Document: Sunnyside BA Figs. 5-3 & 5-4 by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (DLC)
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Filing 33
ORDER granting #20 MOTION to Withdraw as Attorney. Amber L. Rudnick of Holland & Hart LLP, on behalf of South32, will be removed from this case and any service lists. Laura K. Granier and Cory Talbot will continue to represent South32. Plaintiffs and Federal Defendants' #30 Joint MOTION to Seal is granted. The Clerk of Court shall file UNDER SEAL the documents presently lodged at ECF 31. Signed by Judge Jennifer G Zipps on 7/18/2023. (DLC)
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Filing 32
NOTICE of Errata re: #15 Joint MOTION for Issuance of Scheduling Order Regarding Preliminary Injunction Proceedings by Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society.. (Preso, Timothy)
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Filing 31
FILED AT DOC. #34 PURSUANT TO ORDER DOC. #33 ----SEALED LODGED Proposed Sunnyside BA Figs. 5-3 & 5-4 re: #30 Joint MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Preso, Timothy) Modified on 7/19/2023 (DLC).
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Filing 30
Joint MOTION to Seal Document by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Proposed Order)(Preso, Timothy)
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Filing 29
Additional Attachments to Main Document re: #25 MOTION for Preliminary Injunction by Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Exhibit Defenders v. USFS, #2 Exhibit Delaney 1999, #3 Exhibit Sunnyside BA 1, #4 Exhibit Sunnyside BA 2, #5 Exhibit Sunnyside BA 3, #6 Exhibit WestLand 2017, #7 Exhibit WestLand 2018, #8 Exhibit WestLand 2019, #9 Proposed Order)(Preso, Timothy)
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Filing 28
Additional Attachments to Main Document re: #25 MOTION for Preliminary Injunction by Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Exhibit Flux Cyn BA 1, #2 Exhibit Flux Cyn BA 2, #3 Exhibit Flux Cyn BA 3, #4 Exhibit Flux Cyn BA 4, #5 Exhibit Hermosa Update, #6 Exhibit Hermosa CMP Update, #7 Exhibit Hermosa CMP Dashboard, #8 Exhibit Permitting Council Announcement, #9 Exhibit FAST-41 Process, #10 Exhibit USFS Training Guide)(Preso, Timothy)
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Filing 27
Additional Attachments to Main Document re: #25 MOTION for Preliminary Injunction by Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Exhibit Sunnyside DN/FONSI, #2 Exhibit Vega Letter, #3 Exhibit Davis Response, #4 Exhibit PARA Objections, #5 Exhibit Sunnyside Water Report, #6 Exhibit Flux Cyn Scoping Notice, #7 Exhibit Flux Cyn Plan, #8 Exhibit Flux Cyn DM, #9 Exhibit Flux Cyn Consideration of Comments, #10 Exhibit Flux Cyn Comment)(Preso, Timothy)
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Filing 26
Additional Attachments to Main Document re: #25 MOTION for Preliminary Injunction by Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Exhibit Tempel Decl., #2 Exhibit Sunnyside Scoping Notice, #3 Exhibit Sunnyside Draft EA, #4 Exhibit Sunnyside EA, #5 Exhibit Sunnyside BiOp, #6 Exhibit Sunnyside Plan 1, #7 Exhibit Sunnyside Plan 2, #8 Exhibit Sunnyside Plan 3, #9 Exhibit Sunnyside Plan 4, #10 Exhibit Sunnyside Plan 5)(Preso, Timothy)
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Filing 25
MOTION for Preliminary Injunction by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Exhibit Cantillo Decl., #2 Exhibit Featherstone Decl., #3 Exhibit Herr Decl., #4 Exhibit Lomeli Decl., #5 Exhibit MacFarland Decl., #6 Exhibit McSpadden Decl., #7 Exhibit Preso Decl., #8 Exhibit Proctor Decl., #9 Exhibit Serraglio Decl., #10 Exhibit Shafer Decl.)(Preso, Timothy)
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Filing 24
Corporate Disclosure Statement by Arizona Standard LLC identifying Corporate Parent Barksdale Capital Corporation for Arizona Standard LLC. (Covault, Jason)
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Filing 23
ANSWER to #1 Complaint, by Arizona Standard LLC.(Covault, Jason)
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Filing 22
Corporate Disclosure Statement by South32 Hermosa Incorporated identifying Corporate Parent South 32, Ltd, Other Affiliate Arizona Minerals, Inc, Other Affiliate Arizona Holdings Pty Ltd for South32 Hermosa Incorporated. (Talbot, Cory)
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Filing 21
ANSWER to #1 Complaint, for Declaratory and Injunctive Relief by South32 Hermosa Incorporated.(Talbot, Cory)
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Remark: Pro hac vice motion(s) granted for Laura K Granier on behalf of Intervenor Defendant South32 Hermosa Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 20
MOTION to Withdraw as Attorney Notice of Withdrawal of Appearance by South32 Hermosa Incorporated. (Attachments: #1 Exhibit 1)(Talbot, Cory)
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Filing 19
ORDERED that Arizona Standard's Motion to Intervene (Doc. #17 ) and South32's Motion to Intervene (Doc. #18 ) are granted. Arizona Standard and South32 shall file their respective answers by July 13, 2023. Signed by Judge Jennifer G Zipps on 7/11/2023. (ARC)
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Filing 18
MOTION to Intervene by South32 Hermosa Inc. also known as Arizona Minerals Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Talbot, Cory)
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Filing 17
MOTION to Intervene by Arizona Standard, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Covault, Jason)
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Filing 16
ORDERED that the following schedule shall govern proceedings concerning Plaintiffs' request for a preliminary injunction and related matters in this case: Arizona Standard, LLC and South 32 Ltd. shall file any motions to intervene as defendants, which will be unopposed, on or before July 7, 2023. Plaintiffs shall file their motion for preliminary injunction on or before July 14, 2023. United States Forest Service and Kerwin S. Dewberry (Federal Defendants); Arizona Standard, LLC; and South 32 Ltd. shall file their respective responses in opposition to Plaintiffs' motion for preliminary injunction on or before August 4, 2023. Plaintiffs' shall file their reply in support of their motion for preliminary injunction on or before August 18, 2023. It is further ordered setting in-person oral argument on Plaintiffs' motion for preliminary injunction before the Honorable Jennifer G. Zipps in Courtroom 5D, Evo A. DeConcini U.S. Courthouse, 405 W. Congress St., Tucson, AZ 85701, on Thursday, August 24, 2023, at 3:00 p.m. At least 7 days before oral argument, the parties shall jointly provide a Notice to Court Reporter to facilitate the creation of an accurate record. Signed by Judge Jennifer G Zipps on 7/5/2023. (See Order for complete details) (ARC)
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Remark: Pro hac vice motion(s) granted for Scott Stern on behalf of Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 15
Joint MOTION for Issuance of Scheduling Order Regarding Preliminary Injunction Proceedings by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Attachments: #1 Proposed Order)(Preso, Timothy)
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Filing 14
NOTICE of Appearance by Tyler McVeigh Alexander on behalf of Kerwin S Dewberry, United States Forest Service. (Alexander, Tyler)
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Remark: Pro hac vice motion(s) granted for Roger Flynn, Jeffrey C Parsons on behalf of Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Timothy Joseph Preso on behalf of Plaintiffs Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 13
SERVICE EXECUTED filed by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society: Proof of Service re: Summons and Complaint upon U.S. Forest Service; Kerwin S. Dewberry; Merrick B. Garland; Gary M. Restaino on 06/20/2023. (Preso, Timothy)
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Filing 12
Summons Issued as to Kerwin S Dewberry, United States Forest Service. (Attachments: #1 Summons, #2 Summons, #3 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 11
Filing fee paid, receipt number AAZDC-22022975. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-23-00280-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA)
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Filing 10
SUMMONS Submitted by Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas, Tucson Audubon Society. (Preso, Timothy) (Attachments: #1 Summons, #2 Summons, #3 Summons)(SCA)
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Filing 9
Corporate Disclosure Statement by Tucson Audubon Society. (Preso, Timothy) (SCA)
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Filing 8
Corporate Disclosure Statement by Save the Scenic Santa Ritas. (Preso, Timothy) (SCA)
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Filing 7
Corporate Disclosure Statement by Friends of Sonoita Creek. (Preso, Timothy) (SCA)
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Filing 6
Corporate Disclosure Statement by Friends of Santa Cruz River. (Preso, Timothy) (SCA)
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Filing 5
Corporate Disclosure Statement by Earthworks. (Preso, Timothy) (SCA)
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Filing 4
Corporate Disclosure Statement by Center for Biological Diversity. (Preso, Timothy) (SCA)
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Filing 3
Corporate Disclosure Statement by Arizona Mining Reform Coalition. (Preso, Timothy) (SCA)
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Filing 2
Corporate Disclosure Statement by Patagonia Area Resource Alliance. (Preso, Timothy) (SCA)
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Filing 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing fee received: $ 402.00, receipt number AAZDC-22022975 filed by Save the Scenic Santa Ritas, Friends of Sonoita Creek, Center for Biological Diversity, Friends of Santa Cruz River, Patagonia Area Resource Alliance, Earthworks, Tucson Audubon Society, Arizona Mining Reform Coalition. (Preso, Timothy) (Attachments: #1 Civil Cover Sheet)(SCA)
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