KY, et al v. EPA, et al
| COMMONWEALTH OF KENTUCKY |
| KENTUCKY CHAMBER OF COMMERCE, U.S. CHAMBER OF COMMERCE, ASSOCIATED GENERAL CONTRACTORS OF KENTUCKY, INC., HOME BUILDERS ASSOCIATION OF KENTUCKY, PORTLAND CEMENT ASSOCIATION and GEORGIA CHAMBER OF COMMERCE |
| 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 |
| 23-5345 |
| April 19, 2023 |
| U.S. Court of Appeals, Sixth Circuit |
| Admin Proc Act/Review |
Docket Report
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| Document Text |
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| Filing 30 RULING LETTER SENT granting appellant's 1st motion to extend time (31 days) to file brief [ # 29 ] filed by Mr. Elbert Lin., resetting briefing schedule: appellant brief now due 07/14/2023. appellee brief now due 08/15/2023. (VLP) [Entered: 05/17/2023 10:37 AM] |
| Filing 29 MOTION filed by Mr. Elbert Lin for Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce to extend time to file brief. Certificate of Service: 05/17/2023. [23-5345] (EL) [Entered: 05/17/2023 08:40 AM] |
Filing 28
ORDER filed: Kentucky's motion for an injunction pending appeal [ # 6979396-2 ] is GRANTED. The Associations' motion for an injunction pending appeal [ # 9 ] is also GRANTED. Finally, NFIB Legal Center's motion to file an oversize amicus brief [ # 6983494-2 ] [ # 18 ] 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 27 ADDITIONAL CITATION filed by Mr. Elbert Lin for Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce. Certificate of Service: 05/09/2023. [23-5345] (EL) [Entered: 05/09/2023 07:43 PM] |
| Filing 26 REPLY filed by Mr. Elbert Lin for Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce regarding in support of Motion for Injunction Pending Appeal [9] Certificate of Service: 05/05/2023. [23-5345] (EL) [Entered: 05/05/2023 07:12 PM] |
| Filing 25 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 06/13/2023; appellee brief due 07/13/2023. (CAM) [Entered: 05/04/2023 09:48 AM] |
| Filing 24 TRANSCRIPT ORDER filed - transcript is already on file in the District Court Clerks Office. Filed by Mr. Elbert Lin for Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce. Certificate of Service: 05/03/2023. [23-5345] (EL) [Entered: 05/03/2023 03:00 PM] |
| Filing 23 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Elbert Lin for Appellants Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce.. Certificate of Service: 05/03/2023. [23-5345] (EL) [Entered: 05/03/2023 01:35 PM] |
| Filing 22 RESPONSE in opposition filed regarding a motion for injunction pending appeal, [ # 9 ]; previously filed by Mr. Elbert Lin for Kentucky Chamber of Commerce, U.S. Chamber of Commerce, Associated General Contractors of Kentucky, Inc., Home Builders Association of Kentucky, Portland Cement Association and Georgia Chamber of Commerce. 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. [23-5345] (AMJ) [Entered: 05/01/2023 04:57 PM] |
| Filing 21 APPEARANCE filed for Appellants Kentucky Chamber of Commerce, U.S. Chamber of Commerce, Associated General Contractors of Kentucky, Inc., Home Builders Association of Kentucky, Portland Cement Association and Georgia Chamber of Commerce by Kerry L. McGrath. Certificate of Service: 05/01/2023. [23-5345] (KLM) [Entered: 05/01/2023 03:11 PM] |
| Filing 20 APPEARANCE filed for Appellants Kentucky Chamber of Commerce, U.S. Chamber of Commerce, Associated General Contractors of Kentucky, Inc., Home Builders Association of Kentucky, Portland Cement Association and Georgia Chamber of Commerce by Matthew Z. Leopold. Certificate of Service: 05/01/2023. [23-5345] (MZL) [Entered: 05/01/2023 12:41 PM] |
| Filing 19 AMICUS BRIEF filed by National Federation of Independent Business Small Business Legal Center , with parties' consent. Certificate of Service:04/26/2023. [23-5345] (TRM) [Entered: 04/27/2023 09:17 AM] |
| Filing 18 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. [23-5345] (TRM) [Entered: 04/27/2023 09:15 AM] |
| Filing 17 ***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. [23-5345]--[Edited 04/27/2023 by CAM] (TRM) [Entered: 04/26/2023 05:16 PM] |
| Filing 16 AMICUS APPEARANCE filed for National Federation of Independent Business Small Business Legal Center, Inc. by Thomas R. McCarthy. Certificate of Service: 04/26/2023. [23-5345] (TRM) [Entered: 04/26/2023 05:12 PM] |
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Filing 15
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 14 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. [23-5345]--[Edited 04/21/2023 by GSA] (BCT) [Entered: 04/21/2023 05:07 PM] |
| Filing 13 DEFICIENCY NOTICE: The appearance form , [ # 11 ], filed by Mr. Andrew Roland Varcoe for U.S. Chamber of Commerce is deficient for the reason noted on the attached checklist. (CAM) [Entered: 04/21/2023 10:16 AM] |
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Filing 12
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 11 APPEARANCE filed for Appellant U.S. Chamber of Commerce by Andrew R. Varcoe. Certificate of Service: 04/20/2023. [23-5345] (ARV) [Entered: 04/20/2023 04:14 PM] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Elbert Lin for Appellants Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce Certificate of Service: 04/20/2023. [23-5345] (EL) [Entered: 04/20/2023 12:32 PM] |
| Filing 9 MOTION filed by Mr. Elbert Lin for Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce for injunction pending appeal. Certificate of Service: 04/20/2023. [23-5345] (EL) [Entered: 04/20/2023 12:30 PM] |
| Filing 8 ***LOCKED--COUNSEL IS INSTRUCTED TO REFILE MOTION AND CORPORATE DISCLOSURE AS SEPARATE DOCKET ENTRIES*** MOTION filed by Mr. Elbert Lin for Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce for injunction pending appeal. Certificate of Service: 04/19/2023. [23-5345]--[Edited 04/20/2023 by CAM] (EL) [Entered: 04/19/2023 09:18 PM] |
| Filing 7 DEFICIENCY NOTICE: The appearance forms, [ # 6 ] and [ # 5 ], filed by Mr. Elbert Lin and Ms. Erica Nicole Peterson for Associated General Contractors of Kentucky, Inc., U.S. Chamber of Commerce, Kentucky Chamber of Commerce, Portland Cement Association, Home Builders Association of Kentucky and Georgia Chamber of Commerce are deficient for the reason noted on the attached checklist. (CAM) [Entered: 04/19/2023 04:23 PM] |
| Filing 6 APPEARANCE filed for Appellants Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce by Erica N. Peterson. Certificate of Service: 04/19/2023. [23-5345] (ENP) [Entered: 04/19/2023 04:04 PM] |
| Filing 5 APPEARANCE filed for Appellants Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce by Elbert Lin. Certificate of Service: 04/19/2023. [23-5345] (EL) [Entered: 04/19/2023 04:00 PM] |
| Filing 4 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. [23-5345] (BCT) [Entered: 04/19/2023 03:46 PM] |
| Filing 3 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. [23-5345] (AMJ) [Entered: 04/19/2023 03:31 PM] |
| Filing 2 The case manager for this case is: C. Anthony Milton (CAM) [Entered: 04/19/2023 12:35 PM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association and U.S. Chamber of Commerce. Transcript needed: y. (CAM) [Entered: 04/19/2023 12:33 PM] |
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| Search for this case: KY, et al v. EPA, et al | |
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| Plaintiff: COMMONWEALTH OF KENTUCKY | |
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| Plaintiff / appellant: KENTUCKY CHAMBER OF COMMERCE | |
| Represented By: | Elbert Lin |
| Represented By: | Charles E. English Jr. |
| Represented By: | Matthew Zane Leopold |
| Represented By: | Erica Nicole Peterson |
| Represented By: | Kerry L. McGrath |
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| Plaintiff / appellant: U.S. CHAMBER OF COMMERCE | |
| Represented By: | Elbert Lin |
| Represented By: | Stephanie A. Maloney |
| Represented By: | Erica Nicole Peterson |
| Represented By: | Matthew Zane Leopold |
| Represented By: | Kerry L. McGrath |
| Represented By: | Andrew Roland Varcoe |
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| Plaintiff / appellant: ASSOCIATED GENERAL CONTRACTORS OF KENTUCKY, INC. | |
| Represented By: | Elbert Lin |
| Represented By: | Charles E. English Jr. |
| Represented By: | Matthew Zane Leopold |
| Represented By: | Erica Nicole Peterson |
| Represented By: | Kerry L. McGrath |
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| Plaintiff / appellant: HOME BUILDERS ASSOCIATION OF KENTUCKY | |
| Represented By: | Elbert Lin |
| Represented By: | Charles E. English Jr. |
| Represented By: | Matthew Zane Leopold |
| Represented By: | Erica Nicole Peterson |
| Represented By: | Kerry L. McGrath |
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| Plaintiff / appellant: PORTLAND CEMENT ASSOCIATION | |
| Represented By: | Elbert Lin |
| Represented By: | Charles E. English Jr. |
| Represented By: | Matthew Zane Leopold |
| Represented By: | Erica Nicole Peterson |
| Represented By: | Kerry L. McGrath |
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| Plaintiff / appellant: GEORGIA CHAMBER OF COMMERCE | |
| Represented By: | Elbert Lin |
| Represented By: | Charles E. English Jr. |
| Represented By: | Matthew Zane Leopold |
| Represented By: | Erica Nicole Peterson |
| Represented By: | Kerry L. McGrath |
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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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