National Wildlife Refuge Association, et al v. American Transmission Company LLC, et al
| RURAL UTILITIES SERVICE |
| DRIFTLESS AREA LAND CONSERVANCY, WISCONSIN WILDLIFE FEDERATION, NATIONAL WILDLIFE REFUGE ASSOCIATION and DEFENDERS OF WILDLIFE |
| AMERICAN TRANSMISSION COMPANY LLC, by its corporate manager ATC MANAGEMENT INC., ITC MIDWEST LLC and DAIRYLAND POWER COOPERATIVE |
| AMERICAN CLEAN POWER ASSOCIATION, CLEAN GRID ALLIANCE, MIDCONTINENT INDEPENDENT SYSTEM OPERATOR, INC., NATIONAL RURAL ELECTRIC COOPERATIVE ASSOCIATION, EDISON ELECTRIC INSTITUTE and ENERGY AND WILDLIFE ACTION COALITION |
| 22-1347 |
| March 4, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutes |
Opinions
We have the following opinions for this case:
| Description |
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 National Wildlife Refuge Association v. American Transmission Company LLC
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Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 47 Appearance form filed by Attorney Benjamin Richmond for Appellants United States Army Corps of Engineers, Sabrina Chandler, Jesse T. Curry, Karl Jansen, Christopher McLean, Rural Utilities Service, Scott Spellman, United States Fish and Wildlife Service and Charles Wooley in 22-1737, Not Party Rural Utilities Service in 22-1347, Appellees Sabrina Chandler, Christopher McLean, Rural Utilities Service, United States Fish and Wildlife Service and Charles Wooley in 22-1709. Additional Parties: Appellees Army Corps of Engineers, S. Spellmon, J. Curry, K. Jansen in 22-1709; Not-Party Defendants C. McLean, Fish and Wildlife Service, C. Wooley, S. Chandler, Army Corps of Engineers, S. Spellmon, J. Curry, K. Jansen in 22-1347.. [47] [7233360] (L-Yes; E-Yes; R-Yes) [22-1737, 22-1347, 22-1709] [Edited 05/02/2022 by CG to reflect the termination and addition of counsel.] (Richmond, Benjamin) [Entered: 05/02/2022 02:55 PM] |
| Filing 46 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Scott Strand for Appellants Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1709, Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1347. [46] [7232867] (L-No; E-Yes; R-No) [22-1709, 22-1347]--[Edited 04/29/2022 by AP- to reflect addition of counsel] (Strand, Scott) [Entered: 04/29/2022 10:48 AM] |
| Filing 45 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ann Jaworski for Appellants Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1709, Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1347. [45] [7232866] (L-No; E-Yes; R-No) [22-1709, 22-1347]--[Edited 04/29/2022 by AP- to reflect addition of counsel] (Jaworski, Ann) [Entered: 04/29/2022 10:45 AM] |
| Filing 44 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Howard A. Learner for Appellants Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1709, Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1347. [44] [7232859] (L-Yes; E-Yes; R-No) [22-1709, 22-1347]--[Edited 04/29/2022 by AP- to reflect addition of counsel] (Learner, Howard) [Entered: 04/29/2022 10:33 AM] |
| Filing 43 Paper copies of amicus brief filed by Amici Curiae Edison Electric Institute and Energy and Wildlife Action Coalition. [43] [7232764] [22-1347] (CAG) [Entered: 04/28/2022 04:09 PM] |
| Filing 42 Paper copies of amicus brief filed by Amicus Curiae National Rural Electric Cooperative Association. [42] [7232541] [22-1347] (CAG) [Entered: 04/28/2022 10:18 AM] |
| Filing 41 Amicus brief filed by Amicus Curiae National Rural Electric Cooperative Association per order. Paper copies due on 05/04/2022 Electronically Transmitted. [41] [7232262] [22-1347] (MLM) [Entered: 04/27/2022 12:09 PM] |
| Filing 40 Amicus brief filed by Amicus Curiae American Clean Power Association per order. Paper copies due on 05/04/2022 Electronically Transmitted. [40] [7232195] [22-1347] (CAG) [Entered: 04/27/2022 10:37 AM] |
| Filing 39 Amicus brief filed by Amicus Curiae Midcontinent Independent System Operator, Inc.,per order. Paper copies due on 05/04/2022 Electronically Transmitted. [39] [7232176] [22-1347] (SK) [Entered: 04/27/2022 10:15 AM] |
| Filing 38 Amicus brief filed by Amici Curiae Edison Electric Institute and Energy and Wildlife Action Coalition, per order. Paper copies due on 05/04/2022 Electronically Transmitted. [38] [7232175] [22-1347] (CAH) [Entered: 04/27/2022 10:11 AM] |
| Filing 37 INSTANTER ORDER re: 1) Motion for Leave to File Amicus Curiae Brief of American Clean Power Association in Support of Intervenor-Defendant-Appellants. 2) Response of Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, and Defenders of Wildlife in Opposition to American Clean Power Association and Clean Grid Alliances Motion to Submit an Amicus Curiae Brief. 3) Motion Seeking Leave to File as Amicus Curiae and Attached Brief of Amicus Curiae the Midcontinent Independent System Operator, Inc. Supporting Intervenor Defendant-Appellants Petition Seeking Reversal. 4) Response of Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, and Defenders of Wildlife in Opposition to Midcontinent Independent System Operators Motion to Submit an Amicus Curiae Brief. 5) Motion for Leave to File Brief of Amicus Curiae the National Rural Electric Cooperative Association Supporting Defendants-Appellants. 6) Response of Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, and Defenders of Wildlife in Opposition to National Rural Electric Cooperative Associations Motion to Submit an Amicus Cuariae Brief. 7) Motion for Leave to File Amici Curiae Brief of Edison Electric Institute and Energy and Wildlife Action Coalition in Support of Intervenor-Defendant-Appellants and Reversal. 8) Response of Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, and Defenders of Wildlife in Opposition to Edison Electric Institute and Energy and Wildlife Action Coalitions Motion to Submit an Amicus Curiae Brief. The motions for leave to appear as amicus curiae are GRANTED. The clerk of this court shall file INSTANTER the amicus curiae briefs tendered by the American Clean Power Association and the Clean Grid Alliance; the Midcontinent Independent System Operator, Inc.; the National Rural Electric Cooperative Association; and the Edison Electric Institute and the Energy and Wildlife Action Coalition. [ # 24 ] [ # 27 ] [ # 31 ] [ # 32 ] MEK [37] [7232170] [22-1347] (AD) [Entered: 04/27/2022 09:56 AM] |
| Filing 36 Filed Response in Opposition by Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation to National Rural Electric Cooperative Association's Motion to Submit an Amicus Curiae Brief. [36][7231529] [22-1347] (Learner, Howard) [Entered: 04/22/2022 03:38 PM] |
| Filing 35 Filed Response in Opposition by Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation to Midcontinent Independent System Operator's Motion to Submit an Amicus Curiae Brief. [35][7231527] [22-1347] (Learner, Howard) [Entered: 04/22/2022 03:35 PM] |
| Filing 34 Filed Response in Opposition by Appellees Defenders of Wildlife, National Wildlife Refuge Association, Wisconsin Wildlife Federation and Driftless Area Land Conservancy to Edison Electric Institute and Energy and Wildlife Action Coalition's Motion to Submit an Amicus Curiae Brief. [34][7231523] [22-1347] (Learner, Howard) [Entered: 04/22/2022 03:31 PM] |
| Filing 33 Filed Response in Opposition by Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation to American Clean Power Association and Clean Grid Alliance's Motion to Submit an Amicus Curiae Brief. [33][7231522] [22-1347] (Learner, Howard) [Entered: 04/22/2022 03:27 PM] |
| Filing 32 Filed Non-Party Motion for Leave to File Amicus Curiae Brief by National Rural Electric Cooperative Association. [7231044] [22-1347] (Keller, Scott) [Entered: 04/20/2022 06:54 PM] |
| Filing 31 Motion filed by Midcontinent Independent System Operator, Inc. to file amicus curiae brief. [31] [7231037] [22-1347] (Small, Jeffrey) [Entered: 04/20/2022 05:17 PM] |
| Filing 30 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Sean Brady for Clean Grid Alliance. Additional Parties: American Clean Power Association. [30] [7231010] (L-No; E-No; R-No) [22-1347] (Grace, Eugene) [Entered: 04/20/2022 04:23 PM] |
| Filing 29 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gabriel Tabak for American Clean Power Association. [29] [7231009] (L-No; E-No; R-No) [22-1347] (Grace, Eugene) [Entered: 04/20/2022 04:22 PM] |
| Filing 28 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gene Grace for American Clean Power Association. [28] [7231006] (L-Yes; E-Yes; R-No) [22-1347] (Grace, Eugene) [Entered: 04/20/2022 04:20 PM] |
| Filing 27 Filed Non-Party For Leave to File Amici Curiae Brief in Support of Intervenor-Defendant-Appellants and Reversal by Edison Electric Institute and Energy and Wildlife Action Coalition. [7230997] [22-1347] (Chung, David) [Entered: 04/20/2022 04:03 PM] |
| Filing 26 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Emily S. Fisher for Edison Electric Institute. [26] [7230985] (L-No; E-Yes; R-No) [22-1347] (Fisher, Emily) [Entered: 04/20/2022 03:40 PM] |
| Filing 25 Submitted brief by Gene Grace for amicus American Clean Power Association. Leave granted by court order. [25] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7230982] [22-1347] (Grace, Eugene) [Entered: 04/20/2022 03:35 PM] |
| Filing 24 Filed Non-Party Motion for leave to file amicus brief by American Clean Power Association et al.. [7230980] [22-1347] (Grace, Eugene) [Entered: 04/20/2022 03:33 PM] |
| Filing 23 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robert M. Adler for Energy and Wildlife Action Coalition. [23] [7230974] (L-Yes; E-Yes; R-No) [22-1347] (Adler, Robert) [Entered: 04/20/2022 03:28 PM] |
| Filing 22 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David Y. Chung for Edison Electric Institute. [22] [7230969] (L-Yes; E-Yes; R-No) [22-1347] (Chung, David) [Entered: 04/20/2022 03:22 PM] |
| Filing 21 Paper copies of appellant brief and appendix Vol. I-VI filed by Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [21] [7230022] [22-1347] (CAG) [Entered: 04/15/2022 09:37 AM] |
| Filing 20 Filed Appendix vols. I-VI by Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [20] [7229696] Paper copies due on 04/20/2022 [22-1347] (LCP) [Entered: 04/13/2022 04:19 PM] |
| Filing 19 Submitted Appendix by Thomas Jensen for Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [19] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7229669] [22-1347] (Jensen, Thomas) [Entered: 04/13/2022 03:46 PM] |
| Filing 18 Appellant's brief filed by Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. Appellee's brief due on or before 05/13/2022 for Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation. Paper copies due on 04/20/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [18] [7229657] [22-1347] (LCP) [Entered: 04/13/2022 03:34 PM] |
| Filing 17 Submitted appellant brief by Thomas Jensen for Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [17] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7229604] [22-1347] (Jensen, Thomas) [Entered: 04/13/2022 02:56 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Scott Keller for National Rural Electric Cooperative Association. [16] [7228478] (L-Yes; E-Yes; R-No) [22-1347] (Keller, Scott) [Entered: 04/08/2022 01:27 PM] |
| Filing 15 Motion filed by Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation to file Motion for Leave to File Reply and Sur-Reply. [15] [7227116] [22-1347] (Learner, Howard) [Entered: 04/04/2022 10:53 AM] |
| Filing 14 Filed Reply by Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC to Reply in support of motion for stay pending appeal. [14][7226968] [22-1347] (Jensen, Thomas) [Entered: 04/01/2022 04:26 PM] |
| Filing 13 Filed Response by Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation to Appellants' Motion for a Stay Pending Appeal, and Appellees' Motion for Affirmative Relief Under F.R.A.P. 27(a)(3)(B). [13][7226335] [22-1347] (Learner, Howard) [Entered: 03/30/2022 03:45 PM] |
| Filing 12 THIS CAUSE CONSISTS OF MORE PARTIES THAN CURRENTLY LISTED ON THE APPELLATE DOCKET SHEET. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: DEFENDANTS Christopher McLean, United States Fish and Wildlife Service, Charles Wooley, Sabrina Chandler, United States Army Corps of Engineers, Lieutenant General Scott A. Spellmon, Colonel Steven Sattinger, and Colonel Karl Jansen. [12] [7224887] [22-1347] (JR) [Entered: 03/23/2022 05:02 PM] |
Filing 11
ORDER re: Intervenor-Defendant-Appellants American Transmission Company LLC, ITC Midwest LLC, and Dairyland Power Cooperatives motion for stay pending appeal. [ # 9 ] The appellees shall file a response to the appellants motion to stay on or before March 30, 2022. MEK [11] [7224648] [22-1347] (PS) [Entered: 03/22/2022 05:00 PM]
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| Filing 10 Filed Appendix of Appellants American Transmission Company LLC, ITC Midwest LLC, and Dairyland Power Cooperative in Support of Motion to Stay Pending Appeal. Submitted Appendix by Thomas C. Jensen for Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [10] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7224217] [22-1347]--[Edited 03/21/2022 by CMD to edit text.] (Jensen, Thomas) [Entered: 03/21/2022 04:13 PM] |
| Filing 9 Motion filed by Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC for stay District Court final judgment pending appeal. [9] [7224183] [22-1347] (Jensen, Thomas) [Entered: 03/21/2022 03:44 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David Zoppo for Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [8] [7221380] (L-No; E-Yes; R-No) [22-1347] [8] [7221380] [22-1347]--[Edited 03/07/2022 by HTP to reflect addition of counsel.] (Zoppo, David) [Entered: 03/07/2022 12:39 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Edward A. Boling for Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [7] [7221368] (L-No; E-Yes; R-No) [22-1347] --[Edited 03/07/2022 by ER - added Attorney Edward A. Boling] (Boling, Edward) [Entered: 03/07/2022 12:20 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stacey Bosshardt for Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [6] [7221365] (L-No; E-Yes; R-No) [22-1347] [Edited 03/07/2022 by ER - added Attorney Stacey Bosshardt] (Bosshardt, Stacey) [Entered: 03/07/2022 12:14 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas C. Jensen for Appellants American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [5] [7221363] (L-Yes; E-Yes; R-No) [22-1347] (Jensen, Thomas) [Entered: 03/07/2022 12:09 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ann Jaworski for Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1347, 21-3123. [4] [7221167] (L-No; E-Yes; R-No) [22-1347, 21-3123] -[Edited 03/04/2022 by ER - added Attorney Ann Jaworski] (Jaworski, Ann) [Entered: 03/04/2022 03:29 PM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Howard A. Learner for Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1347, 21-3123. [3] [7221164] (L-Yes; E-Yes; R-No) [22-1347, 21-3123] (Learner, Howard) [Entered: 03/04/2022 03:24 PM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Scott Strand for Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1347, 21-3123. [2] [7221157] (L-No; E-Yes; R-No) [22-1347, 21-3123] --[Edited 03/04/2022 by ER - added Attorney Scott Strand] (Strand, Scott) [Entered: 03/04/2022 03:14 PM] |
| Filing 1 U.S. civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet filed. Appellant's brief due on or before 04/13/2022 for American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [1] [7221041] [22-1347] (AD) [Entered: 03/04/2022 12:02 PM] |
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