KY v. EPA, et al
| COMMONWEALTH OF KENTUCKY |
| UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES ARMY CORPS OF ENGINEERS, MICHAEL S. REGAN, Official Capacity as Administrator of the United States Environmental Agency, LIEUTENANT GENERAL SCOTT A. SPELLMAN, Official Capacity as Chief of Engineers and Commanding General, U.S. Army Corp of Engineers and MICHAEL L. CONNER, Official Capacity as Assistant Secretary of the Army (Civil Workers) |
| NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER |
| 23-5343 |
| April 19, 2023 |
| U.S. Court of Appeals, Sixth Circuit |
| Admin Proc Act/Review |
Docket Report
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| Filing 26 RULING LETTER SENT granting Appellant's 1st motion to extend time (31 days) to file brief [ # 25 ] filed by Mr. Matthew Franklin Kuhn., resetting briefing schedule: appellant brief now due 07/14/2023. appellee brief now due 08/14/2023. (VLP) [Entered: 05/17/2023 07:18 AM] |
| Filing 25 MOTION filed by Mr. Matthew Franklin Kuhn for KY to extend time to file brief. Certificate of Service: 05/17/2023. [23-5343] (MFK) [Entered: 05/17/2023 06:40 AM] |
Filing 24
ORDER filed: Kentucky's motion for an injunction pending appeal [ # 6 ] is GRANTED. The Associations' motion for an injunction pending appeal [ # 6979774-2 ] is also GRANTED. Finally, NFIB Legal Center's motion to file an oversize amicus brief [ # 14 ] [ # 6983500-2 ] is GRANTED. Ralph B. Guy, Jr., Circuit Judge; Raymond M. Kethledge, Circuit Judge and John K. Bush, Circuit Judge. [23-5343, 23-5345] (CAM) [Entered: 05/10/2023 01:17 PM]
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| Filing 23 ADDITIONAL CITATION filed by Mr. Matthew Franklin Kuhn for KY. Certificate of Service: 05/09/2023. [23-5343] (MFK) [Entered: 05/09/2023 08:13 PM] |
| Filing 22 REPLY filed by Mr. Harrison Gray Kilgore for KY regarding in support of Motion for Injunction Pending Appeal [6]; previously filed by Mr. Matthew Franklin Kuhn Certificate of Service: 05/05/2023. [23-5343] (HGK) [Entered: 05/05/2023 05:10 PM] |
| Filing 21 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 06/13/2023; appellee brief due 07/13/2023. (CAM) [Entered: 05/04/2023 11:39 AM] |
| Filing 20 TRANSCRIPT ORDER filed - transcript is already on file in the District Court Clerks Office. Filed by Mr. Matthew Franklin Kuhn for KY. Certificate of Service: 05/04/2023. [23-5343] (MFK) [Entered: 05/04/2023 10:01 AM] |
| Filing 19 NOTICE: The initial transcript order has not been completed by the appellant. If not completed by 05/08/2023 further action will be taken. (CAM) [Entered: 05/04/2023 09:56 AM] |
| Filing 18 RESPONSE in opposition filed regarding a motion, [ # 6 ]; previously filed by Mr. Matthew Franklin Kuhn for KY. Response from Attorney Ms. Arielle Mourrain Jeffries for Appellees Michael L. Conner, Michael S. Regan, Scott A. Spellman, USACE and EPA. Certificate of Service: 05/01/2023. [23-5343] (AMJ) [Entered: 05/01/2023 04:53 PM] |
| Filing 17 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Harrison Gray Kilgore for Appellant KY.. Certificate of Service: 05/01/2023. [23-5343] (HGK) [Entered: 05/01/2023 11:17 AM] |
| Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Thomas Ryan McCarthy for Amicus Curiae National Federation of Independent Business Small Business Legal Center Certificate of Service: 04/26/2023. [23-5343] (TRM) [Entered: 04/27/2023 09:14 AM] |
| Filing 15 AMICUS BRIEF filed by National Federation of Independent Business Small Business Legal Center , with parties' consent. Certificate of Service:04/26/2023. [23-5343] (TRM) [Entered: 04/27/2023 09:13 AM] |
| Filing 14 MOTION to file AMICUS BRIEF filed by Thomas R. McCarthy for National Federation of Independent Business Small Business Legal Center, Inc.. Certificate of Service: 04/26/2023. [23-5343] (TRM) [Entered: 04/27/2023 09:10 AM] |
| Filing 13 ***LOCKED--COUNSEL IS INSTRUCTED TO REFILE DOCUMENTS SEPARATELY; MOTION TO BE FILED AS TYPE OF DOCUMENT "MOTION TO FILE AMICUS BRIEF," BRIEF TO BE FILED AS TYPE OF DOCUMENT "AMICUS BRIEF," CORPORATE DISCLOSURE TO BE FILED AS TYPE OF DOCUMENT "CORPORATE DISCLOSURE"*** MOTION to file AMICUS BRIEF filed by Thomas R. McCarthy for National Federation of Independent Business Small Business Legal Center, Inc.. Certificate of Service: 04/26/2023. [23-5343]--[Edited 04/27/2023 by CAM] (TRM) [Entered: 04/26/2023 05:09 PM] |
| Filing 12 AMICUS APPEARANCE filed for National Federation of Independent Business Small Business Legal Center, Inc. by Thomas R. McCarthy. Certificate of Service: 04/26/2023. [23-5343] (TRM) [Entered: 04/26/2023 05:03 PM] |
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Filing 11
ORDER filed: Accordingly, the motion to clarify is GRANTED. An administrative stay of enforcement of the Agencys final rule inside the Commonwealth of Kentucky and against the Commonwealth and Plaintiff-Appellants in Case No. 23-5345 and their members is GRANTED until May 10, 2023. Responses to the plaintiffs motions for an injunction pending appeal are to be filed no later than May 1, 2023, and replies no later than May 5, 2023. in 23-5345. Ralph B. Guy, Jr., Circuit Judge; Raymond M. Kethledge, ]Circuit Judge and John K. Bush, Circuit Judge. [23-5343, 23-5345]--[Edited 05/05/2023 by CAM formatting] (JEC) [Entered: 04/22/2023 12:12 PM]
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| Filing 10 UNOPPOSED MOTION filed by Mr. Brian C. Toth for Michael L. Conner, Michael S. Regan, Scott A. Spellman, USACE and EPA to clarify order dated 04/20/2023. Certificate of Service: 04/21/2023. [23-5343]--[Edited 04/21/2023 by GSA] (BCT) [Entered: 04/21/2023 05:03 PM] |
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Filing 9
ORDER filed : An administrative stay of enforcement of the Agency s final rule is GRANTED until May 10, 2023. Responses to the plaintiffs' motions for an injunction pending appeal are to be filed no later than May 1, 2023, and replies no later than May 5, 2023. Ralph B. Guy, Jr., Circuit Judge; Raymond M. Kethledge, Circuit Judge and John K. Bush, Circuit Judge. [23-5343, 23-5345] (GSA) [Entered: 04/20/2023 05:17 PM]
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| Filing 8 APPEARANCE filed for Appellant KY by Jenna M. Lorence. Certificate of Service: 04/20/2023. [23-5343] (JML) [Entered: 04/20/2023 03:37 PM] |
| Filing 7 APPEARANCE filed for Appellant KY by Harrison Gray Kilgore. Certificate of Service: 04/20/2023. [23-5343] (HGK) [Entered: 04/20/2023 03:12 PM] |
| Filing 6 EMERGENCY MOTION filed by Mr. Matthew Franklin Kuhn for KY for injunction pending appeal. Certificate of Service: 04/19/2023. [23-5343]--[Edited 04/19/2023 by ACB] (MFK) [Entered: 04/19/2023 08:04 PM] |
| Filing 5 APPEARANCE filed for Appellees Michael L. Conner, EPA, Michael S. Regan, Scott A. Spellman and USACE by Brian C. Toth. Certificate of Service: 04/19/2023. [23-5343] (BCT) [Entered: 04/19/2023 03:35 PM] |
| Filing 4 APPEARANCE filed for Appellees Michael L. Conner, EPA, Michael S. Regan, Scott A. Spellman and USACE by Arielle Mourrain Jeffries. Certificate of Service: 04/19/2023. [23-5343] (AMJ) [Entered: 04/19/2023 03:29 PM] |
| Filing 3 APPEARANCE filed for Appellant KY by Matthew F. Kuhn. Certificate of Service: 04/19/2023. [23-5343] (MFK) [Entered: 04/19/2023 11:47 AM] |
| Filing 2 The case manager for this case is: C. Anthony Milton (CAM) [Entered: 04/19/2023 11:29 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellant KY. Transcript needed: y. (CAM) [Entered: 04/19/2023 11:26 AM] |
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| Plaintiff / appellant: COMMONWEALTH OF KENTUCKY | |
| Represented By: | Matthew Franklin Kuhn |
| Represented By: | Lindsey Keiser |
| Represented By: | Harrison Gray Kilgore |
| Represented By: | Jenna Marie Lorence |
| Represented By: | Christopher L. Thacker |
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| Defendant / appellee: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | |
| Represented By: | Arielle Mourrain Jeffries |
| Represented By: | Andrew J. Doyle |
| Represented By: | Elliot W. Higgins |
| Represented By: | Sarah Izfar |
| Represented By: | Brian C. Toth |
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| Defendant / appellee: UNITED STATES ARMY CORPS OF ENGINEERS | |
| Represented By: | Arielle Mourrain Jeffries |
| Represented By: | Andrew J. Doyle |
| Represented By: | Elliot W. Higgins |
| Represented By: | Sarah Izfar |
| Represented By: | Brian C. Toth |
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| Defendant / appellee: MICHAEL S. REGAN, Official Capacity as Administrator of the United States Environmental Agency | |
| Represented By: | Arielle Mourrain Jeffries |
| Represented By: | Andrew J. Doyle |
| Represented By: | Sarah Izfar |
| Represented By: | Brian C. Toth |
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| Defendant / appellee: LIEUTENANT GENERAL SCOTT A. SPELLMAN, Official Capacity as Chief of Engineers and Commanding General, U.S. Army Corp of Engineers | |
| Represented By: | Arielle Mourrain Jeffries |
| Represented By: | Andrew J. Doyle |
| Represented By: | Sarah Izfar |
| Represented By: | Brian C. Toth |
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| Defendant / appellee: MICHAEL L. CONNER, Official Capacity as Assistant Secretary of the Army (Civil Workers) | |
| Represented By: | Arielle Mourrain Jeffries |
| Represented By: | Andrew J. Doyle |
| Represented By: | Sarah Izfar |
| Represented By: | Brian C. Toth |
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| Amicus curiae: NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER | |
| Represented By: | Thomas Ryan McCarthy |
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