Driftless Area Land Conservancy, et al v. Rural Utilities Service, et al
| DRIFTLESS AREA LAND CONSERVANCY, WISCONSIN WILDLIFE FEDERATION, NATIONAL WILDLIFE REFUGE ASSOCIATION and DEFENDERS OF WILDLIFE |
| RURAL UTILITIES SERVICE, CHRISTOPHER MCLEAN, UNITED STATES FISH AND WILDLIFE SERVICE, CHARLES WOOLEY and SABRINA CHANDLER |
| AMERICAN TRANSMISSION COMPANY LLC, DAIRYLAND POWER COOPERATIVE and ITC MIDWEST LLC |
| 22-1709 |
| April 27, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutes |
Opinions
We have the following opinions for this case:
| Description |
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 Driftless Area Land Conservancy v. Rural Utilities Service
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Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 20 Paper copies of main appeal brief and appendix filed by Appellants Sabrina Chandler, Jesse T. Curry, Karl Jansen, Christopher McLean, Rural Utilities Service, Scott Spellman, United States Army Corps of Engineers, United States Fish and Wildlife Service and Charles Wooley in 22-1737. [20] [7242010] [22-1347, 22-1737] (CAG) [Entered: 06/13/2022 11:17 AM] |
| Filing 19 Filed Appendix by Appellants Sabrina Chandler, Jesse T. Curry, Karl Jansen, Christopher McLean, Rural Utilities Service, Scott Spellman, United States Army Corps of Engineers, United States Fish and Wildlife Service and Charles Wooley in 22-1737. [19] [7241400] Paper copies due on 06/16/2022 [22-1737, 22-1347] (LCP) [Entered: 06/09/2022 09:11 AM] |
| Filing 18 Appellant's brief on main appeal filed by Appellants Sabrina Chandler, Jesse T. Curry, Karl Jansen, Christopher McLean, Rural Utilities Service, Scott Spellman, United States Army Corps of Engineers, United States Fish and Wildlife Service and Charles Wooley in 22-1737. Paper copies due on 06/15/2022. 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] [7241393] [22-1737, 22-1347] (LCP) [Entered: 06/09/2022 09:07 AM] |
| Filing 17 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Robert M. Morgan for Appellant National Wildlife Refuge Association in 22-1709 has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [17] [7240191] [22-1709, 22-1347] (LJ) [Entered: 06/02/2022 02:53 PM] |
Filing 16
ORDER issued DENYING motion for injunctive relief without prejudice to renewal after presentation to the district court. FED. R. APP. P. 8(a)(1)(C). [ # 15 ] MEK [16] [7238558] [22-1347, 22-1709, 22-1737] (AD) [Entered: 05/25/2022 03:12 PM]
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| Filing 15 Motion filed by Appellees Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1347, Appellants Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation in 22-1709, 22-1737 for stay pending appeal. [15] [7237161] [22-1347, 22-1709, 22-1737] (Learner, Howard) [Entered: 05/18/2022 04:34 PM] |
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Filing 14
ORDER re: 1. Intervenor-defendant-appellants American Transmission Company LLC, ITC Midwest LLC, and Dairyland Power Cooperatives motion for stay pending appeal. 2. Response of appellees National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, and Defenders of Wildlife in opposition to appellants motion for a stay pending appeal, and appellees motion for affirmative relief under F.R.A.P. 27(a)(3)(b). 3. Intervenor-defendant-appellants American Transmission Company LLC, ITC Midwest LLC, and Dairyland Power Cooperatives reply brief in support of motion for stay pending appeal. 4. Motion of plaintiffs-appellees National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation and Defenders of Wildlife for leave to file reply to intervenor-defendants-appellants response to motion for affirmative relief under F.R.A.P 27(a)(3)(b) and to file sur-reply to motion for a stay. The appellees motion to file a reply and a sur-reply is GRANTED. The panel has considered this filing in resolving the appellants motion to stay. The appellants motion to stay the district courts judgment is DENIED. In light of the briefing schedule set on May 5, 2022, the court will attempt to schedule this appeal for argument in September. No extensions of time will be granted absent extraordinary circumstances. [ # 7227116-2 ] [ # 7226968-2 ] [ # 7224183-2 ] MEK [14] [7234445] [22-1347, 22-1709, 22-1737]--[Edited 05/26/2022 by CMD to replace form with correct caption.] (HTP) [Entered: 05/06/2022 09:06 AM]
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Filing 13
ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The remainder of the briefing schedule is as follows: The government defendants shall file their opening brief and required short appendix in the main appeal docketed in 22-1737 on or before June 8, 2022. The plaintiffs shall their combined responsive brief in the main appeals and opening brief and appendix in the cross-appeal docketed in 22-1709 on or before July 8, 2022. Both sets of defendants shall file their respective combined reply briefs, if any, in the main appeals and responsive brief in the cross-appeal on or before August 8, 2022. The plaintiffs shall file their reply brief, if any, in the cross-appeal on or before August 29, 2022. Counsel for defendants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-defendants brief. Duplicative briefing will be stricken and may result in disciplinary sanctions against counsel. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). Defendants, however, may not adopt the Jurisdictional Statement of another. Each appellants brief must include a complete Jurisdictional Statement. DW [13] [7234370] [22-1347, 22-1709, 22-1737] (CG) [Entered: 05/05/2022 03:59 PM]
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Filing 12
ORDER re: Jurisdictional Memorandum of Cross-Appellants National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, and Defenders of Wildlife, filed by plaintiffs on May 4, 2022, IT IS ORDERED that this appeal shall proceed to briefing. The briefing schedule will be set by separate court order. DW [7234311] [22-1709] (ER) [Entered: 05/05/2022 02:54 PM]
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| Filing 11 Jurisdictional memorandum filed by Appellants Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation. [11] [7234108] [22-1709] (Learner, Howard) [Entered: 05/04/2022 04:57 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Edward Boling for Appellees American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [10] [7233898] (L-No; E-Yes; R-No) [22-1709] [Edited 05/04/2022 by CG to reflect the addition of counsel.] (Boling, Edward) [Entered: 05/04/2022 10:00 AM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stacey Bosshardt for Appellees American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [9] [7233670] (L-No; E-Yes; R-No) [22-1709] [9] [7233670] [22-1709]--[Edited 05/03/2022 by HTP to reflect addition of counsel.] (Bosshardt, Stacey) [Entered: 05/03/2022 12:45 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas C. Jensen for Appellees American Transmission Company LLC, Dairyland Power Cooperative and ITC Midwest LLC. [8] [7233644] (L-Yes; E-Yes; R-No) [22-1709] (Jensen, Thomas) [Entered: 05/03/2022 12:20 PM] |
| Filing 7 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.. [7] [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 5 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. [5] [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 4 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. [4] [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 3 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. [3] [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] |
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Filing 2
ORDER: Appellants Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation shall file, on or before May 11, 2022, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [7232770] DW [2] [7232770] [22-1709]--[Edited 04/28/2022 by CG to reflect document attached.] (CG) [Entered: 04/28/2022 04:21 PM]
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| Filing 1 U.S. civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 05/11/2022. Appellant's brief due on or before 06/06/2022 for Defenders of Wildlife, Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation. [1] [7232253] [22-1709] (HTP) [Entered: 04/27/2022 12:00 PM] |
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