American Petroleum, et al v. U.S. Department of Interior, et al
| CLOUD PEAK ENERGY, INC., NATIONAL MINING ASSOCIATION, WYOMING MINING ASSOCIATION, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., BASIN ELECTRIC POWER COOPERATIVE, WESTERN FUELS-WYOMING INC. and NAVAJO TRANSITIONAL ENERGY COMPANY |
| AMERICAN PETROLEUM INSTITUTE |
| NATURAL RESOURCES DEFENSE COUNCIL, POWDER RIVER BASIN RESOURCE COUNCIL, THE WILDERNESS SOCIETY, WESTERN ORGANIZATION OF RESOURCE COUNCILS, STATE OF CALIFORNIA, STATE OF NEW MEXICO, UNITED STATES DEPARTMENT OF INTERIOR, UNITED STATES DEPARTMENT OF THE INTERIOR SECRETARY, in her official capacity, AKA Debra Haaland, OFFICE OF NATURAL RESOURCES REVENUE, OFFICE OF NATURAL RESOURCES REVENUE DIRECTOR, in his official capacity, AKA Gregory Gould and NORTHERN PLAINS RESOURCE COUNCIL, INC. |
| 21-8076 |
| November 4, 2021 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 American Petroleum, et al. v. U.S. Department of Interior, et al.
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Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| [10879275] Entry of appearance submitted by John F. Shepherd and Kristina (Tina) R. Van Bockern for Not Party Navajo Transitional Energy Company in 21-8076, 21-8077 for court review. Certificate of Interested Parties: No. Served on 12/14/2021. Manner of Service: email. [21-8076, 21-8077] --[Edited 12/14/2021 by AT to remove PDF as pleading was filed on 12/14/2021.] KRV [Entered: 12/14/2021 09:56 AM] |
| [10879290] Entry of appearance filed by Mr. John Frederic Shepherd and Ms. Kristina R. Van Bockern for Navajo Transitional Energy Company in 21-8076 and 21-8077. CERT. OF INTERESTED PARTIES: n. Served on 12/14/2021. Manner of Service: email [21-8077, 21-8076] [Entered: 12/14/2021 10:44 AM] |
| [10879401] Order filed by Clerk of the Court - This matter is before the court on Petitioner-Cross-Appellee Cloud Peak Energy Inc's ("CPE") Unopposed Motion for Substitution of Parties, which asks that the court substitute it with Navajo Transitional Energy Company ("NTEC") as a party in these appeals. The motion for substitution of parties is granted. Served on 12/14/2021. [21-8076, 21-8077] [Entered: 12/14/2021 01:58 PM] |
| [10878208] Order filed by Clerk of the Court - These matters are before the court on Petitioner-Cross-Appellee Cloud Peak Energy Inc's ("CPE") Unopposed Motion for Substitution of Parties, which asks that the court substitute it with Navajo Transitional Energy Company ("NTEC"). as a party in these appeals. Upon consideration, the motion is taken under advisement. Within 14 days - 12/23/2021 - counsel for NTEC shall file an entry of appearance in these appeals [ # 10878116-2 ]. Served on 12/09/2021. [21-8076, 21-8077] [Entered: 12/09/2021 09:43 AM] |
[10878197] Order filed by Judges Bacharach and Phillips - This matter is before the court on the parties' Joint Motion to Extend the Time for Briefing Schedule. Upon consideration the motion is construed as a motion to abate proceedings and granted as construed. On or before 02/07/2022, the parties shall file a status report on the United States' deliberations and whether abatement should continue. See attached order. Served on 12/09/2021. [21-8076, 21-8077] [Entered: 12/09/2021 09:21 AM]
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| [10878116] Motion filed by Appellee Cloud Peak Energy, Inc. in 21-8077 to substitute party. Served on: 12/08/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-8076, 21-8077] KRV [Entered: 12/08/2021 05:06 PM] |
| [10877356] Motion filed by Appellant API in 21-8076, Appellee API in 21-8077 to extend time to file response until 02/07/2022. Served on: 12/06/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-8076, 21-8077]--[Edited 12/06/2021 by LG to correct event code and relief sought] JMA [Entered: 12/06/2021 03:12 PM] |
| [10875723] Entry of appearance filed by Mr. John Frederic Shepherd and Ms. Kristina R. Van Bockern for Cloud Peak Energy, Inc.. CERT. OF INTERESTED PARTIES: y. Interested party is already in the appeal. Served on 11/30/2021. Manner of Service: email [21-8076] [Entered: 11/30/2021 02:08 PM] |
| [10875104] Order filed by Clerk of the Court. These matters are before the court upon receipt of notice from the district court that the record is complete. Briefing in both appeals is suspended pendng further order of this court. Accordingly, the court directs all parties to file a proposed briefing schedule. Response due on 12/06/2021 for American Petroleum Institute, Natural Resources Defense Council, Northern Plains Resource Council, Inc., Office of Natural Resources Revenue Director, Office of Natural Resources Revenue, Powder River Basin Resource Council, State of California, State of New Mexico, The Wilderness Society, Tri-State Generation and Transmission Association, Inc., United States Department of Interior, United States Department of the Interior Secretary, Basin Electric Power Cooperative, Cloud Peak Energy, Inc., National Mining Association, Western Fuels-Wyoming Inc., Western Organization of Resource Councils and Wyoming Mining Association. Served on 11/29/2021. [21-8076, 21-8077] [Entered: 11/29/2021 09:54 AM] |
| [10874877] Filed notice record is complete. Served on 11/24/2021. [21-8076] [Entered: 11/24/2021 01:50 PM] |
| [10873320] Entry of appearance filed by Mr. William Gregory Grantham for State of New Mexico in 21-8076 and 21-8077. CERT. OF INTERESTED PARTIES: n. Served on 11/18/2021. Manner of Service: email [21-8076, 21-8077] [Entered: 11/18/2021 11:45 AM] |
| [10873311] Entry of appearance submitted by William Grantham for Appellee State of New Mexico in 21-8076, Not Party State of New Mexico in 21-8077 for court review. Certificate of Interested Parties: No. Served on 11/18/2021. Manner of Service: email. [21-8076, 21-8077]--[Edited 11/18/2021 by AT to remove PDF as pleading was filed on 11/18/2021.] WGG [Entered: 11/18/2021 11:25 AM] |
| [10873251] Entry of appearance filed by Mr. Thomas Zimpleman for Western Organization of Resource Councils, The Wilderness Society, Powder River Basin Resource Council, Northern Plains Resource Council, Inc., and Natural Resources Defense Council. CERT. OF INTERESTED PARTIES: n. Served on 11/18/2021. Manner of Service: email. [21-8076] [Entered: 11/18/2021 09:23 AM] |
| [10873196] Minute order filed - Notice due that record is complete by 11/26/2021 for Margaret Botkins. (Text Only - No Attachment) [21-8076] [Entered: 11/18/2021 07:14 AM] |
| [10873182] Entry of appearance filed by Mr. George Matthew Torgun for State of California in 21-8076 and 21-8077. CERT. OF INTERESTED PARTIES: n. Served on 11/17/2021. Manner of Service: email. [21-8076, 21-8077] [Entered: 11/18/2021 06:02 AM] |
| [10873199] Entry of appearance submitted by Thomas Zimpleman for Appellees Natural Resources Defense Council, Northern Plains Resource Council, Inc., Powder River Basin Resource Council, The Wilderness Society and Western Organization of Resource Councils in 21-8076 for court review. Certificate of Interested Parties: No. Served on 11/18/2021. Manner of Service: email. [21-8076, 21-8077] --[Edited 11/18/2021 by AT to remove PDF as pleading was filed on 11/18/2021.] TZ [Entered: 11/18/2021 07:26 AM] |
| [10873128] Entry of appearance submitted by Peter J. Schaumberg, James M. Auslander for Appellant API for court review. Certificate of Interested Parties: No. Served on 11/17/2021. Manner of Service: email. [21-8076] [Edited to remove PDF as pleading has been filed-- Edited 11/17/2021 by NA] JMA [Entered: 11/17/2021 03:54 PM] |
| [10873098] Entry of appearance filed by Michelle Melton for United States Department of the Interior Secretary, United States Department of Interior, Office of Natural Resources Revenue and Office of Natural Resources Revenue Director. CERT. OF INTERESTED PARTIES: n. Served on 11/17/2021. Manner of Service: email [21-8076] [Entered: 11/17/2021 03:16 PM] |
| [10873093] Entry of appearance submitted by Michelle N. Melton for Appellees Office of Natural Resources Revenue Director, Office of Natural Resources Revenue, United States Department of Interior and United States Department of the Interior Secretary for court review. Certificate of Interested Parties: No. Served on 11/17/2021. Manner of Service: email. [21-8076]--[Edited 11/17/2021 by LG to remove PDF from entry, as pleading was filed on 11/17/2021] MM [Entered: 11/17/2021 03:09 PM] |
| [10873132] Entry of appearance filed by Mr. James M. Auslander and Mr. Peter J. Schaumberg for API. CERT. OF INTERESTED PARTIES: n (note, the interested parties listed have been previously disclosed). Served on 11/17/2021. Manner of Service: email [21-8076] [Entered: 11/17/2021 04:03 PM] |
| [10873138] Entry of appearance submitted by George Torgun for Appellee State of California in 21-8076 for court review. Certificate of Interested Parties: No. Served on 11/17/2021. Manner of Service: email. [21-8076, 21-8077] --[Edited 11/18/2021 by AT to remove PDF as pleading was filed on 11/18/2021.] GMT [Entered: 11/17/2021 04:09 PM] |
| [10873135] Docketing statement filed by API. Served on 11/17/2021. Manner of Service: email. [21-8076] JMA [Entered: 11/17/2021 04:05 PM] |
| [10873143] Notice filed that the transcript is already on file in the district court filed by API. Served on: 11/17/2021. Manner of Service: email. [21-8076] JMA [Entered: 11/17/2021 04:14 PM] |
| [10869956] Civil case docketed. Preliminary record filed. DATE RECEIVED: 11/03/2021. Docketing statement due 11/18/2021 for American Petroleum Institute. Transcript order form due 11/18/2021 for American Petroleum Institute. Notice of appearance due on 11/18/2021 for American Petroleum Institute, Natural Resources Defense Council, Northern Plains Resource Council, Inc., Office of Natural Resources Revenue Director, Office of Natural Resources Revenue, Powder River Basin Resource Council, State of California, State of New Mexico, The Wilderness Society, United States Department of Interior, United States Department of the Interior Secretary and Western Organization of Resource Councils [21-8076] [Entered: 11/04/2021 11:12 AM] |
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