American Petroleum v. Healthy Gulf
| American Petroleum Institute, American Exploration & Production Council, Independent Petroleum Association of America, International Association of Drilling Contractors, EnerGeo Alliance, formerly known as International Association of Geophysical Contractors, National Ocean Industries Association, Montana Petroleum Association, North Dakota Petroleum Council, Petroleum Alliance of Oklahoma, Southeast Oil & Gas Association, Utah Petroleum Association, Western States Petroleum Association, Aries Marine Corporation and Valveworks USA, Incorporated |
| Healthy Gulf, Center for Biological Diversity, Citizens for a Healthy Community, Cook Inletkeeper, Defenders of Wildlife, Food & Water Watch, Friends of the Earth, Great Old Broads for Wilderness, Montana Environmental Information Center, Oceana, Sierra Club, Wilderness Society, Valley Organic Growers Association, Western Organization of Resource Councils, Western Watersheds Project and WildEarth Guardians |
| 22-30353 |
| June 13, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Statutory Actions |
Docket Report
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| PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project, Wilderness Society, Center for Biological Diversity, Citizens for a Healthy Community, Food & Water Watch, Montana Environmental Information Center, Western Organization of Resource Councils and WildEarth Guardians [ # 9910647-2 ] Date of service: 08/08/2022 via email - Attorney for Appellants: Datla, Eaton, Hornbein, Posner; Attorney for Appellees: Emmerling, Guttmann, Laborde [22-30353] (Christopher D. Eaton ) [Entered: 08/08/2022 04:50 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Appellants Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project, Wilderness Society, Center for Biological Diversity, Citizens for a Healthy Community, Food & Water Watch, Montana Environmental Information Center, Western Organization of Resource Councils and WildEarth Guardians [ # 9910642-2 ] Date of service: 08/08/2022 via email - Attorney for Appellants: Datla, Eaton, Hornbein, Posner; Attorney for Appellees: Emmerling, Guttmann, Laborde [22-30353] (Christopher D. Eaton ) [Entered: 08/08/2022 03:03 PM] |
| ATTORNEYS NOT PARTICIPATING. Kyle Tisdel, Thomas R Delehanty, and Corinne J. Van Dalen are designated as inactive in this case. Reason:names do not appear on brief and no appearance forms on file. [22-30353] (AGL) [Entered: 08/08/2022 02:24 PM] |
| SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied [22-30353] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project and Wilderness Society, Center for Biological Diversity, Citizens for a Healthy Community, Food & Water Watch, Montana Environmental Information Center, Western Organization of Resource Councils and WildEarth Guardians. Record Excerpts NOT Sufficient as they require caption does not match the court's official caption; attorneys Hornbein and/or Posner should be listed on the cover page; optional contents (Tabs 5 through 17) exceed 40 page limit. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Record Excerpts due on 08/22/2022 for Appellants Center for Biological Diversity, Citizens for a Healthy Community, Cook Inletkeeper, Defenders of Wildlife, Food & Water Watch, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Montana Environmental Information Center, Oceana, Sierra Club, Valley Organic Growers Association, Western Organization of Resource Councils, Western Watersheds Project, WildEarth Guardians and Wilderness Society [22-30353] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project and Wilderness Society. Date of service: 08/08/2022 via email - Attorney for Appellants: Datla, Delehanty, Eaton, Hornbein, Posner, Tisdel, Van Dalen; Attorney for Appellees: Emmerling, Guttmann, Laborde [22-30353] (Christopher D. Eaton ) [Entered: 08/08/2022 02:01 PM] |
| SUFFICIENT APPELLANT'S BRIEF FILED # of Copies Provided: 0 Sufficient Brief deadline satisfied [22-30353] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project and Wilderness Society, Center for Biological Diversity, Citizens for a Healthy Community, Food & Water Watch, Montana Environmental Information Center, Western Organization of Resource Councils and WildEarth Guardians. Brief NOT Sufficient for the following reason: signature of attorney Hornbein or attorney Posner must appear at the conclusion of the brief as counsel for the parties they represent. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Sufficient Brief due on 08/22/2022 for Appellants Center for Biological Diversity, Citizens for a Healthy Community, Cook Inletkeeper, Defenders of Wildlife, Food & Water Watch, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Montana Environmental Information Center, Oceana, Sierra Club, Valley Organic Growers Association, Western Organization of Resource Councils, Western Watersheds Project, WildEarth Guardians and Wilderness Society.. Appellee's Brief due on 09/07/2022 for Appellees American Exploration & Production Council, American Petroleum Institute, Aries Marine Corporation, EnerGeo Alliance, Independent Petroleum Association of America, International Association of Drilling Contractors, Montana Petroleum Association, National Ocean Industries Association, North Dakota Petroleum Council, Petroleum Alliance of Oklahoma, Southeast Oil & Gas Association, Utah Petroleum Association, Valveworks USA, Incorporated and Western States Petroleum Association [22-30353] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project and Wilderness Society. Date of service: 08/08/2022 via email - Attorney for Appellants: Datla, Delehanty, Eaton, Hornbein, Posner, Tisdel, Van Dalen; Attorney for Appellees: Emmerling, Guttmann, Laborde [22-30353] (Christopher D. Eaton ) [Entered: 08/08/2022 01:58 PM] |
| APPEARANCE FORM FILED by Attorney Melissa A. Hornbein for Appellant WildEarth Guardians in 22-30353, Attorney Melissa A. Hornbein for Appellant Western Organization of Resource Councils in 22-30353, Attorney Melissa A. Hornbein for Appellant Montana Environmental Information Center in 22-30353, Attorney Melissa A. Hornbein for Appellant Food & Water Watch in 22-30353, Attorney Melissa A. Hornbein for Appellant Citizens for a Healthy Community in 22-30353, Attorney Melissa A. Hornbein for Appellant Center for Biological Diversity in 22-30353 [22-30353] (AGL) [Entered: 07/08/2022 09:39 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-30353] (Melissa A. Hornbein ) [Entered: 07/07/2022 03:18 PM] |
| APPEARANCE FORM FILED by Attorney(s) John S. Guttmann III for party(s) Appellee International Association of Drilling Contractors Appellee Utah Petroleum Association Appellee Independent Petroleum Association of America Appellee American Exploration & Production Council Appellee Aries Marine Corporation Appellee Southeast Oil & Gas Association Appellee EnerGeo Alliance Appellee Western States Petroleum Association Appellee Petroleum Alliance of Oklahoma Appellee Montana Petroleum Association Appellee Valveworks USA, Incorporated Appellee National Ocean Industries Association Appellee North Dakota Petroleum Council Appellee American Petroleum Institute, in case 22-30353 [22-30353] (AGL) [Entered: 06/29/2022 03:10 PM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 08/08/2022 for Appellants Center for Biological Diversity, Citizens for a Healthy Community, Cook Inletkeeper, Defenders of Wildlife, Food & Water Watch, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Montana Environmental Information Center, Oceana, Sierra Club, Valley Organic Growers Association, Western Organization of Resource Councils, Western Watersheds Project, WildEarth Guardians and Wilderness Society. [22-30353] (CMB) [Entered: 06/29/2022 10:45 AM] |
| ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [22-30353] (CMB) [Entered: 06/29/2022 10:22 AM] |
| APPEARANCE FORM FILED by Attorney(s) Kenneth Hugh Laborde for party(s) Appellee EnerGeo Alliance, in case 22-30353, by Attorney Kenneth Hugh Laborde for Appellee Valveworks USA, Incorporated in 22-30353, Attorney Kenneth Hugh Laborde for Appellee Aries Marine Corporation in 22-30353, Attorney Kenneth Hugh Laborde for Appellee Western States Petroleum Association in 22-30353, Attorney Kenneth Hugh Laborde for Appellee Utah Petroleum Association in 22-30353, Attorney Kenneth Hugh Laborde for Appellee Southeast Oil & Gas Association in 22-30353, Attorney Kenneth Hugh Laborde for Appellee Petroleum Alliance of Oklahoma in 22-30353, Attorney Kenneth Hugh Laborde for Appellee North Dakota Petroleum Council in 22-30353, Attorney Kenneth Hugh Laborde for Appellee Montana Petroleum Association in 22-30353, Attorney Kenneth Hugh Laborde for Appellee National Ocean Industries Association in 22-30353, Attorney Kenneth Hugh Laborde for Appellee International Association of Drilling Contractors in 22-30353, Attorney Kenneth Hugh Laborde for Appellee Independent Petroleum Association of America in 22-30353, Attorney Kenneth Hugh Laborde for Appellee American Exploration & Production Council in 22-30353, Attorney Kenneth Hugh Laborde for Appellee American Petroleum Institute in 22-30353 [22-30353] (AGL) [Entered: 06/29/2022 09:46 AM] |
| APPEARANCE FORM FILED by Attorney(s) Kirti Datla for party(s) Appellant Healthy Gulf Appellant Cook Inletkeeper Appellant Defenders of Wildlife Appellant Friends of the Earth Appellant Oceana Appellant Sierra Club Appellant Western Watersheds Project Appellant Wilderness Society Appellant Valley Organic Growers Association Appellant Great Old Broads for Wilderness, in case 22-30353 [22-30353] (CBW) [Entered: 06/28/2022 12:48 PM] |
| APPEARANCE FORM FILED by Attorney Emily Henrion Posner for Appellants WildEarth Guardians, Western Organization of Resource Councils, Montana Environmental Information Center, Food & Water Watch, Citizens for a Healthy Community and Center for Biological Diversity in 22-30353. [22-30353] (DLJ) [Entered: 06/28/2022 04:26 PM] |
| APPEARANCE FORM FILED by Attorney Victoria Elizabeth Emmerling for Appellees International Association of Drilling Contractors, Utah Petroleum Association, Independent Petroleum Association of America, American Exploration & Production Council, Aries Marine Corporation, Southeast Oil & Gas Association, EnerGeo Alliance, Western States Petroleum Association, Petroleum Alliance of Oklahoma, Montana Petroleum Association, Valveworks USA, Incorporated, National Ocean Industries Association, North Dakota Petroleum Council, and American Petroleum Institute, in case 22-30353. [22-30353] (DLJ) [Entered: 06/28/2022 02:54 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30353] (John S. Guttmann III) [Entered: 06/28/2022 10:31 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-30353] (Kenneth Hugh Laborde ) [Entered: 06/28/2022 09:24 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30353] (Victoria Elizabeth Emmerling ) [Entered: 06/27/2022 04:48 PM] |
| RESPONSE/OPPOSITION [9879669-1] to the Motion to expedite appeal filed by Appellants Wilderness Society, Defenders of Wildlife, Sierra Club, Healthy Gulf, Cook Inletkeeper, Friends of the Earth, Great Old Broads for Wilderness, Oceana, Valley Organic Growers Association and Western Watersheds Project in 22-30353 [ # 9872115-2 ] [22-30353] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by American Exploration & Production Council, American Petroleum Institute, Aries Marine Corporation, Independent Petroleum Association of America, International Association of Drilling Contractors, Montana Petroleum Association, National Ocean Industries Association, North Dakota Petroleum Council, Petroleum Alliance of Oklahoma, Southeast Oil & Gas Association, Utah Petroleum Association, Valveworks USA, Incorporated and Western States Petroleum Association [9879669-1] to the filed by Appellants Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project and Wilderness Society [ # 9872115-2 ] Date of Service: 06/27/2022 via US mail - Attorney for Appellants: Delehanty, Hornbein, Tisdel; email - Attorney for Appellants: Delehanty, Eaton, Hornbein, Posner, Tisdel, Van Dalen; Attorney for Appellee: Laborde. [22-30353] (Kenneth Hugh Laborde ) [Entered: 06/27/2022 04:44 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-30353] (Emily Henrion Posner ) [Entered: 06/27/2022 02:34 PM] |
| Attorney Kirti Datla is advised to resubmit an appearance form to include complete ofrfice address and telephone number. [22-30353] (LBM) [Entered: 06/27/2022 01:45 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30353] (Kirti Datla ) [Entered: 06/27/2022 01:40 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30353] (Kirti Datla ) [Entered: 06/27/2022 01:23 PM] |
| APPEARANCE FORM FILED by Attorney Christopher D. Eaton for Appellant Western Watersheds Project in 22-30353, Attorney Christopher D. Eaton for Appellant Valley Organic Growers Association in 22-30353, Attorney Christopher D. Eaton for Appellant Wilderness Society in 22-30353, Attorney Christopher D. Eaton for Appellant Sierra Club in 22-30353, Attorney Christopher D. Eaton for Appellant Oceana in 22-30353, Attorney Christopher D. Eaton for Appellant Great Old Broads for Wilderness in 22-30353, Attorney Christopher D. Eaton for Appellant Friends of the Earth in 22-30353, Attorney Christopher D. Eaton for Appellant Defenders of Wildlife in 22-30353, Attorney Christopher D. Eaton for Appellant Cook Inletkeeper in 22-30353, Attorney Christopher D. Eaton for Appellant Healthy Gulf in 22-30353 [22-30353] (AGL) [Entered: 06/21/2022 02:37 PM] |
| COURT ORDER that Appellants' opposed motion to expedite the appeal is DENIED [ # 9872115-2 ]. [22-30353] (MCS) [Entered: 06/17/2022 10:35 AM] |
| OPPOSED MOTION filed by Appellants Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project and Wilderness Society to expedite the appeal [9872115-2]. Date of service: 06/16/2022 via email - Attorney for Appellants: Delehanty, Eaton, Hornbein, Posner, Tisdel, Van Dalen; Attorney for Appellee: Laborde [22-30353] (Christopher D. Eaton ) [Entered: 06/16/2022 12:23 PM] |
| APPEARANCE FORM received from Mr. Christopher D. Eaton for Cook Inletkeeper, Defenders of Wildlife, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Oceana, Sierra Club, Valley Organic Growers Association, Western Watersheds Project and Wilderness Society for the court's review. Lead Counsel? Yes. [22-30353] (Christopher D. Eaton ) [Entered: 06/16/2022 12:14 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9869637-2] Initial AA Check Due satisfied. [22-30353] (DLJ) [Entered: 06/14/2022 09:57 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 2:21-CV-2506. Electronic ROA due on 06/29/2022. [22-30353] (DLJ) [Entered: 06/14/2022 10:01 AM] |
| US CIVIL CASE docketed. NOA filed by Appellants Center for Biological Diversity, Citizens for a Healthy Community, Cook Inletkeeper, Defenders of Wildlife, Food & Water Watch, Friends of the Earth, Great Old Broads for Wilderness, Healthy Gulf, Montana Environmental Information Center, Oceana, Sierra Club, Valley Organic Growers Association, Western Organization of Resource Councils, Western Watersheds Project, WildEarth Guardians and Wilderness Society. [22-30353] (DLJ) [Entered: 06/13/2022 04:18 PM] |
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