High Country Conservation, et al v. United States Forest Service, et al

Justia Dockets & Filings Tenth Circuit U.S. Court of Appeals, Tenth Circuit High Country Conservation, et al v. United States Forest Service, et al

High Country Conservation, et al v. United States Forest Service, et al

Defendant / Appellee:	UNITED STATES DEPARTMENT OF INTERIOR, DANIEL JIRON, in his official capacity as Acting Under Secretary of Agriculture for Natural Resources and Environment, U.S. Department of Agriculture, UNITED STATES FOREST SERVICE, BUREAU OF LAND MANAGEMENT, SCOTT ARMENTROUT, in his official capacity as Supervisor of the Grand Mesa Uncompahgre, and Gunnison National Forests, KATHERINE MACGREGOR, in her official capacity as Deputy Assistant Secretary, Land and Minerals Management,U.S. Department of Interior and UNITED STATES DEPARTMENT OF AGRICULTURE
Plaintiff / Appellant:	SIERRA CLUB, WILDEARTH GUARDIANS, CENTER FOR BIOLOGICAL DIVERSITY, HIGH COUNTRY CONSERVATION ADVOCATES and WILDERNESS WORKSHOP
Intervenor Defendant / Appellee:	MOUNTAIN COAL COMPANY, LLC
Case Number:	20-1358
Filed:	October 5, 2020
Court:	U.S. Court of Appeals, Tenth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 24, 2020	[10788305] Order filed by Clerk of the Court granting appellant motion to extend time to file apet brief and appendix. Appellant's brief and appendix are now due on 12/22/2020 for Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop. Served on 11/24/2020. Text only entry - no attachment. [20-1358] [Entered: 11/24/2020 08:44 AM]
November 23, 2020	[10788231] Motion filed by Appellants Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop to extend time to file appellant/petitioner's brief until 12/22/2020. Served on: 11/23/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1358] RC [Entered: 11/23/2020 05:48 PM]
November 3, 2020	[10783286] Entry of appearance filed by Mr. Michael R. Drysdale for Mountain Coal Company, LLC. CERT. OF INTERESTED PARTIES: y. Served on 11/03/2020. Manner of Service: email.[20-1358] [Entered: 11/03/2020 10:06 AM]
November 3, 2020	[10783281] Entry of appearance submitted by Michael R. Drysdale for Appellee Mountain Coal Company, LLC for court review. Certificate of Interested Parties: No. Served on 11/03/2020. Manner of Service: email. --[Edited 11/03/2020 by SDS to remove pdf from entry as the pleading has been filed] [20-1358] MRD [Entered: 11/03/2020 09:57 AM]
October 29, 2020	[10782164] Order filed by Judges Lucero, Kelly and Briscoe - We vacate the temporary stay and grant the Emergency Motion for Injunction Pending Appeal. Pending our consideration of the appeal, we enjoin Appellee Mountain Coal Company "from imminently bulldozing additional drilling pads on [the road constructed after issuance of this court's April 24, 2020, mandate in 18-1374] and drilling methane ventilation boreholes in preparation for coal mining in the Sunset Roadless Area." Served on 10/29/2020. [20-1358] [Entered: 10/29/2020 07:16 AM]
October 23, 2020	[10781089] Filed notice record is complete. Served on 10/23/2020. Appellants' brief and appendix due on 12/02/2020 for Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians, and Wilderness Workshop. [20-1358] [Entered: 10/23/2020 01:21 PM]
October 22, 2020	[10780488] Deficiency notice issued. Type of deficiency: not filed. Transcript order due 10/26/2020 for Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop. [20-1358] [Entered: 10/22/2020 07:22 AM]
October 22, 2020	[10780629] Acknowledgment of transcript order filed by Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop. Transcript ordered: No transcript requested.. Served on: 10/22/2020. Manner of Service: email. [20-1358] RC [Entered: 10/22/2020 11:01 AM]
October 22, 2020	[10780692] Minute order filed -Notice that a transcript is not necessary for this appeal. Notice record complete due district court 10/29/2020 . --[Edited 10/23/2020 by JJH to correct date record due](Text Only - No Attachment) [20-1358] [Entered: 10/22/2020 12:07 PM]
October 20, 2020	[10780042] Reply filed by Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop to Appellees' Opposition to Motion for Injunction Pending Appeal. Served on 10/20/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1358] RC [Entered: 10/20/2020 04:32 PM]
October 19, 2020	[10779420] Docketing statement filed by Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop. Served on 10/19/2020. Manner of Service: email. [20-1358] RC [Entered: 10/19/2020 01:07 PM]
October 16, 2020	[10779163] Response filed by Scott Armentrout, BLM, Daniel Jiron, Katherine MacGregor, United States Department of Agriculture, United States Department of Interior and United States Forest Service to Appellants' emergency motion for injunction pending appeal. Served on 10/16/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1358] JEA [Entered: 10/16/2020 04:34 PM]
October 16, 2020	[10779084] Response filed by Mountain Coal Company, LLC to Appellants' Emergency Motion for Injunction Pending Appeal. Served on 10/16/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1358] MRD [Entered: 10/16/2020 02:39 PM]
October 13, 2020	[10777723] Entry of appearance submitted by Robin Cooley for Appellants High Country Conservation Advocates, Sierra Club, WildEarth Guardians, Wilderness Workshop and Center for Biological Diversity for court review. Certificate of Interested Parties: No. Served on 10/13/2020. Manner of Service: email.--[Edited 10/13/2020 by JJH to remove pdf as pleading filed 10/13/2020] [20-1358] RC [Entered: 10/13/2020 10:50 AM]
October 13, 2020	[10777729] Entry of appearance filed by Ms. Robin Cooley for Center for Biological Diversity, Sierra Club, Wilderness Workshop, WildEarth Guardians and High Country Conservation Advocates. CERT. OF INTERESTED PARTIES: n. Served on 10/13/2020. Manner of Service: email [20-1358] [Entered: 10/13/2020 11:01 AM]
October 8, 2020	[10777048] Order filed by Judges Lucero, Kelly and Briscoe granting the federal defendants motion to extend time to file response. Response now due on 10/16/2020 by 6:00 p.m. (MDT) for Mountain Coal Company, LLC and United States Forest Service, et al. Served on 10/08/2020. [20-1358] [Entered: 10/08/2020 02:05 PM]
October 7, 2020	[10776668] Order filed by Judges Briscoe, Lucero, and Kelly - The court requires responses from both the U.S. Forest Service and Mountain Coal Company, LLC. The responses must be filed by 9:00 a.m. (MDT) on Tuesday, October 13, 2020. Any reply by plaintiffs must be filed by 5:00 p.m. (MDT) on Wednesday, October 14, 2020. To facilitate consideration of the emergency motion and responses, we enter a temporary injunction enjoining Mountain Coal Company from bulldozing additional drilling pads, drilling methane ventilation boreholes, and engaging in further surface disturbance in preparation for coal mining in the Sunset Roadless Area. The temporary injunction will be in effect until further order of the court. Served on 10/07/2020. [20-1358] [Entered: 10/07/2020 10:33 AM]
October 7, 2020	[10776730] Entry of appearance submitted by John Emad Arbab for Appellees Scott Armentrout, BLM, Daniel Jiron, Katherine MacGregor, United States Department of Agriculture, United States Department of Interior and United States Forest Service for court review. Certificate of Interested Parties: Yes. Served on 10/07/2020. Manner of Service: email. [20-1358]--[Edited 10/07/2020 by AT to remove PDF as pleading was filed on 10/07/2020.] JEA [Entered: 10/07/2020 12:56 PM]
October 7, 2020	[10776804] Motion filed by Appellees Scott Armentrout, BLM, Daniel Jiron, Katherine MacGregor, United States Department of Agriculture, United States Department of Interior and United States Forest Service to extend time to file a response until 10/16/2020. Served on: 10/07/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1358] JEA [Entered: 10/07/2020 06:22 PM]
October 7, 2020	[10776738] Entry of appearance filed by Mr. John Emad Arbab for United States Forest Service, BLM, United States Department of Agriculture, United States Department of Interior, Daniel Jiron, Scott Armentrout and Katherine MacGregor. CERT. OF INTERESTED PARTIES: y(Some of the parties listed are or were counsel of record). Served on 10/07/2020. Manner of Service: email. [20-1358] [Entered: 10/07/2020 01:14 PM]
October 5, 2020	[10776188] Motion filed by Appellants Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop for injunction pending appeal. Served on: 10/05/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1358] RC [Entered: 10/05/2020 06:38 PM]
October 5, 2020	[10775902] Civil case docketed. Preliminary record filed. DATE RECEIVED: 10/05/2020. Docketing statement, transcript order form and notice of appearance due 10/19/2020 for Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop. Notice of appearance due on 10/19/2020 for Scott Armentrout, Bureau of Land Management, Daniel Jiron, Katherine MacGregor, Mountain Coal Company, LLC, United States Department of Agriculture, United States Department of Interior and United States Forest Service. --[Edited 10/05/2020 by SDS to add dc transmittal letter to entry] [20-1358] [Entered: 10/05/2020 09:51 AM]
October 5, 2020	[10776192] Motion filed by Appellants Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians and Wilderness Workshop to assign case to prior panel. Served on: 10/05/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1358] [Edited to reflect proper relief-- Edited 10/06/2020 by NA] RC [Entered: 10/05/2020 07:14 PM]

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Search for this case: High Country Conservation, et al v. United States Forest Service, et al
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Defendant / appellee: UNITED STATES DEPARTMENT OF INTERIOR
Represented By:	John Most
Represented By:	John Luther Smeltzer
Represented By:	Sommer H. Engels
Represented By:	John Emad Arbab
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Defendant / appellee: DANIEL JIRON, in his official capacity as Acting Under Secretary of Agriculture for Natural Resources and Environment, U.S. Department of Agriculture
Represented By:	John Most
Represented By:	John Luther Smeltzer
Represented By:	Sommer H. Engels
Represented By:	John Emad Arbab
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Defendant / appellee: UNITED STATES FOREST SERVICE
Represented By:	John Most
Represented By:	John Luther Smeltzer
Represented By:	Sommer H. Engels
Represented By:	John Emad Arbab
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Defendant / appellee: BUREAU OF LAND MANAGEMENT
Represented By:	John Most
Represented By:	John Luther Smeltzer
Represented By:	Sommer H. Engels
Represented By:	John Emad Arbab
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Defendant / appellee: SCOTT ARMENTROUT, in his official capacity as Supervisor of the Grand Mesa Uncompahgre, and Gunnison National Forests
Represented By:	John Most
Represented By:	John Luther Smeltzer
Represented By:	Sommer H. Engels
Represented By:	John Emad Arbab
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Defendant / appellee: KATHERINE MACGREGOR, in her official capacity as Deputy Assistant Secretary, Land and Minerals Management,U.S. Department of Interior
Represented By:	John Most
Represented By:	John Luther Smeltzer
Represented By:	Sommer H. Engels
Represented By:	John Emad Arbab
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Defendant / appellee: UNITED STATES DEPARTMENT OF AGRICULTURE
Represented By:	John Most
Represented By:	John Luther Smeltzer
Represented By:	Sommer H. Engels
Represented By:	John Emad Arbab
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Plaintiff / appellant: SIERRA CLUB
Represented By:	Robin Cooley
Represented By:	Marta Renee Darby
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Plaintiff / appellant: WILDEARTH GUARDIANS
Represented By:	Robin Cooley
Represented By:	Marta Renee Darby
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Plaintiff / appellant: CENTER FOR BIOLOGICAL DIVERSITY
Represented By:	Robin Cooley
Represented By:	Marta Renee Darby
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Plaintiff / appellant: HIGH COUNTRY CONSERVATION ADVOCATES
Represented By:	Robin Cooley
Represented By:	Marta Renee Darby
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Plaintiff / appellant: WILDERNESS WORKSHOP
Represented By:	Robin Cooley
Represented By:	Marta Renee Darby
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Intervenor defendant / appellee: MOUNTAIN COAL COMPANY, LLC
Represented By:	Sarah Goldberg
Represented By:	Michael R. Drysdale
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