National Wildlife Refuge Association, et al v. ITC Midwest LLC, et al
| NATIONAL WILDLIFE REFUGE ASSOCIATION, DRIFTLESS AREA LAND CONSERVANCY and WISCONSIN WILDLIFE FEDERATION |
| ITC MIDWEST LLC, ANDY BERKE, Acting Administrator, Rural Utilities Service, DAIRYLAND POWER COOPERATIVE, RURAL UTILITIES SERVICE, SCOTT A. SPELLMON, Lieutenant General, Chief of Engineers and Commanding General, USACE, UNITED STATES ARMY CORPS OF ENGINEERS and UNITED STATES FISH AND WILDLIFE SERVICE |
| 24-1492 |
| March 29, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutes |
Docket Report
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Filing 38
ORDER re: Motion to extend time to file appellee's brief. IT IS ORDERED that the motion for an extension of time is DENIED. [ # 37 ] LCE [38] [7384211] [24-1492] (AP) [Entered: 05/23/2024 11:53 AM]
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| Filing 37 Motion filed by Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy and Wisconsin Wildlife Federation to extend time to file appellee brief. [37] [7384055] [24-1492] (Learner, Howard) [Entered: 05/22/2024 05:18 PM] |
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Filing 36
ORDER: We construe appellees Motion to Dismiss Intervening Defendants-Appellants Appeal as a request for expedited disposition of this appeal, without requiring appellees to file a brief. As so understood, the motion is granted. The motion does not provide any basis to dismiss the appeal, which was properly taken under 28 U.S.C. 1292(b) from the district courts preliminary injunction. Still, if plaintiffs no longer seek to defend the district courts decision, there is no obstacle to a prompt decision on the merits. The court will wait until May 28, the due date for appellees brief. If they file a brief, the appeal will proceed in the ordinary course, including a reply brief and oral argument. If they do not file a brief (or if they inform us before May 28 that they will not do so), then the court will resolve the appeal without oral argument. [ # 32 ] [36] [7383914] [24-1492] (FP) [Entered: 05/22/2024 11:48 AM]
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| Filing 35 Filed Reply by Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy and Wisconsin Wildlife Federation to Intervening Defendants-Appellants' Response to Motion to Dismiss Appeal of Preliminary Injunction Orders or for Summary Disposition of the Appeal on an Expedited Basis. [35][7383620] [24-1492] (Learner, Howard) [Entered: 05/21/2024 11:06 AM] |
| Filing 34 Filed Response in Opposition by Appellants Dairyland Power Cooperative and ITC Midwest LLC Attorney Thomas C. Jensen to Plaintiff-Appellees' Motion to Dismiss Intervening Defendants-Appellants' Appeal of Preliminary Injunction Orders or for Summary Disposition of the Appeal on an Expedited Basis. [34][7383333] [24-1492] (Jensen, Thomas) [Entered: 05/20/2024 12:07 PM] |
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Filing 33
ORDER re: Plaintiffs-appellees motion to dismiss intervening defendants-appellants appeal of preliminary injunction orders or for summary disposition of the appeal on an expedited basis. Appellants ITC Midwest LLC and Dairyland Power Cooperative shall file a response to the appellees' motion to dismiss by 5:00 pm on Monday, May 20, 2024. LCE [33] [7383009] [24-1492] (HTP) [Entered: 05/17/2024 10:47 AM]
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| Filing 32 Motion filed by Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy and Wisconsin Wildlife Federation for Motion to Dismiss Appeal on Expedited Basis. [32] [7382606] [24-1492] (Learner, Howard) [Entered: 05/15/2024 05:53 PM] |
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Filing 31
ORDER re: Emergency motion for expedited clarification of this courts May 2, 2024, order. [ # 30 ] The motion is DENIED. LCE [31] [7380971] [24-1492] (PS) [Entered: 05/07/2024 02:15 PM]
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| Filing 30 Emergency motion filed by Appellees Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation for Expedited Clarification of This Court's May 2, 2024 Order. [30] [7380798] [24-1492] (Learner, Howard) [Entered: 05/06/2024 06:04 PM] |
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Filing 29
ORDER re: Emergency motion to stay courts order granting a stay of the preliminary injunction. [ # 28 ] The motion is DENIED. LCE [29] [7380144] [24-1492] (PS) [Entered: 05/03/2024 09:28 AM]
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| Filing 28 Emergency motion filed by Appellees Driftless Area Land Conservancy, National Wildlife Refuge Association and Wisconsin Wildlife Federation for stay of the Court's Order Granting a Stay of the Preliminary Injunction. [28] [7380074] [24-1492] (Learner, Howard) [Entered: 05/02/2024 04:12 PM] |
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Filing 27
ORDER: We therefore stay the effectiveness of the preliminary injunction. The district court remains free to consider whether a permanent injunction is appropriate. But a permanent injunction, if any, must be based on a conclusion that the agencys action is legally forbidden and that other equitable considerations, including those in 42 U.S.C. 4370m6(b)(1) & (2) (the FAST Act) have been satisfied. (See order for further details). Frank H. Easterbrook, Circuit Judge; David F. Hamilton, Circuit Judge and Michael B. Brennan, Circuit Judge. [27] [7379979] [24-1492] (HTP) [Entered: 05/02/2024 02:30 PM]
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| FOR COURT USE ONLY: Certified copy of 05/02/2024 Order sent to the District Court Clerk. [7380050-2] [7380050] [24-1492] (HTP) [Entered: 05/02/2024 03:44 PM] |
| Filing 26 Filed Response in Opposition by Appellants Dairyland Power Cooperative and ITC Midwest LLC Attorney Thomas C. Jensen to Plaintiffs-Appellees' Motion to Dismiss the Motion to Stay Injunction Pending Appeal. [26][7379763] [24-1492] (Jensen, Thomas) [Entered: 05/01/2024 03:52 PM] |
| Filing 25 Filed Appellees Andy Berke, Rural Utilities Service, Scott A. Spellmon, United States Army Corps of Engineers and United States Fish and Wildlife Service notice of intent not to file a brief. [25] [7379709] [24-1492] (Richmond, Benjamin) [Entered: 05/01/2024 02:43 PM] |
| Filing 24 Paper copies of appellant brief and appendix vols. I-IV filed by Appellants Dairyland Power Cooperative and ITC Midwest LLC. [24] [7379613] [24-1492] (CAH) [Entered: 05/01/2024 11:05 AM] |
| Filing 23 Filed Appendix vols. I-IV by Appellants Dairyland Power Cooperative and ITC Midwest LLC. [23] [7379018] Paper copies due on 05/03/2024 [24-1492] (GW) [Entered: 04/29/2024 08:59 AM] |
| Filing 22 Appellant's brief filed by Appellants Dairyland Power Cooperative and ITC Midwest LLC. Paper copies due on 05/03/2024. Appellee's brief due on or before 05/28/2024 for Andy Berke, Driftless Area Land Conservancy, National Wildlife Refuge Association, Rural Utilities Service, Scott A. Spellmon, United States Army Corps of Engineers, United States Fish and Wildlife Service and Wisconsin Wildlife Federation. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be 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 https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [22] [7379016] [24-1492] (GW) [Entered: 04/29/2024 08:56 AM] |
| Filing 21 Submitted Appendix by Thomas C. Jensen for Appellants Dairyland Power Cooperative and ITC Midwest LLC. [21] 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. [7378993] [24-1492] (Jensen, Thomas) [Entered: 04/26/2024 09:11 PM] |
| Filing 20 Submitted appellant brief by Thomas C. Jensen for Appellants Dairyland Power Cooperative and ITC Midwest LLC. [20] 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. [7378990] [24-1492] (Jensen, Thomas) [Entered: 04/26/2024 08:01 PM] |
| Filing 19 Filed Appellees National Wildlife Refuge Association, Wisconsin Wildlife Federation and Driftless Area Land Conservancy Citation of Additional Authority, per Circuit Rule 28(e). [19] [7378980] [24-1492] (Learner, Howard) [Entered: 04/26/2024 04:27 PM] |
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Filing 18
ORDER re: 1) ITC Midwest LLCs and Dairyland Power Cooperatives Motion to Expedite the Motion to Stay Injunction Pending Appeal and to Expedite Appeal and Advance Hearing [ # 10 ]. 2) ITC Midwest LLCs and Dairyland Power Cooperatives Motion to Stay Injunction Pending Appeal [ # 9 ]. 3) Federal Defendants-Appellees Response to Intervenor Defendants-Appellants Motion for Stay Pending Appeal [ # 11 ]. 4) Plaintiff-Appellees Motin to Dismiss Intervenor-Appellants Motion for Stay for Lack of Appellate Jurisdiction Under F.R.A.P. 8(a)(2) [ # 14 ]. This court will defer action on these motions until the district court has acted (within a reasonable time) on the pending motion for stay. LCE [18] [7375631] [24-1492] (MAN) [Entered: 04/11/2024 01:37 PM]
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| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Haley L. Waller Pitts for Appellant ITC Midwest LLC. [17] [7375214] (L-No; E-Yes; R-No) [24-1492] (Waller Pitts, Haley) [Entered: 04/10/2024 09:12 AM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Lisa M. Agrimonti for Appellant ITC Midwest LLC. [16] [7375212] (L-No; E-Yes; R-No) [24-1492]--[Edited 04/10/2024 by FP to reflect that atty. Agrimonti be added to the docket.] (Agrimonti, Lisa) [Entered: 04/10/2024 09:09 AM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Justin W. Chasco for Appellant Dairyland Power Cooperative. [15] [7374990] (L-No; E-Yes; R-No) [24-1492] [15] [7374990] [24-1492]--[Edited 04/09/2024 by HTP to reflect addition of counsel.] (Chasco, Justin) [Entered: 04/09/2024 10:39 AM] |
| Filing 14 Motion filed by Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy and Wisconsin Wildlife Federation Motion to Dismiss Intervenor-Appellants' Motion for Stay. [14] [7374647] [24-1492] (Learner, Howard) [Entered: 04/08/2024 08:25 AM] |
| Filing 13 Added Attorney(s) Daniel Abrams for party(s) Appellee Driftless Area Land Conservancy Appellee Wisconsin Wildlife Federation Appellee National Wildlife Refuge Association, in case 24-1492 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel Abrams for Appellees National Wildlife Refuge Association, Driftless Area Land Conservancy and Wisconsin Wildlife Federation. [13] [7374646] (L-No; E-Yes; R-No) [24-1492]--[Edited 04/08/2024 by AD] (Abrams, Daniel) [Entered: 04/08/2024 07:17 AM] |
| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Howard A. Learner for Appellees National Wildlife Refuge Association, Wisconsin Wildlife Federation and Driftless Area Land Conservancy. [12] [7374645] (L-Yes; E-Yes; R-No) [24-1492] (Learner, Howard) [Entered: 04/08/2024 07:13 AM] |
| Filing 11 Filed Response by Appellees Andy Berke, Rural Utilities Service, Scott A. Spellmon, United States Army Corps of Engineers and United States Fish and Wildlife Service to Appellants Motion for Stay Pending Appeal. [11][7374639] [24-1492] (Richmond, Benjamin) [Entered: 04/07/2024 05:41 PM] |
| Filing 10 Motion filed by Appellants ITC Midwest LLC and Dairyland Power Cooperative to expedite appeal. [10] [7374627] [24-1492] (Jensen, Thomas) [Entered: 04/05/2024 08:12 PM] |
| Filing 9 Motion filed by Appellants ITC Midwest LLC and Dairyland Power Cooperative for stay of Preliminary Injunction Orders (ECF Nos. 60, 62, 63). [9] [7374626] [24-1492] (Jensen, Thomas) [Entered: 04/05/2024 08:10 PM] |
| Filing 8 Attorney Reade Wilson for United States Fish and Wildlife Service, United States Army Corps of Engineers, Scott A. Spellmon, Rural Utilities Service and Andy Berke in 24-1492 terminated and added Attorney(s) Benjamin Richmond for party(s) Appellee Andy Berke Appellee Rural Utilities Service Appellee Scott A. Spellmon Appellee United States Army Corps of Engineers Appellee United States Fish and Wildlife Service, in case 24-1492 per appearance form. Appearance form filed by Attorney Benjamin W. Richmond for Appellees Andy Berke, Rural Utilities Service, Scott A. Spellmon, United States Army Corps of Engineers and United States Fish and Wildlife Service. Additional Parties: Will Meeks, Sabrina Chandler, Colonel Jesse Curry, Colonel Eric Swenson. [8] [7374132] (L-Yes; E-Yes; R-Yes) [24-1492]--[Edited 04/04/2024 by AD to reflect the termination and addition of counsel.] (Richmond, Benjamin) [Entered: 04/04/2024 10:21 AM] |
| Filing 7 Filed signed Seventh Circuit Transcript Information Sheet by Appellants Dairyland Power Cooperative and ITC Midwest LLC. [7] [7373766] [24-1492] (PS) [Entered: 04/02/2024 04:19 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Edward A. Boling for Appellants Dairyland Power Cooperative and ITC Midwest LLC. [5] [7373574] (L-No; E-Yes; R-No) [24-1492] [5] [7373574] [24-1492]--[Edited 04/02/2024 by HTP to reflect addition of counsel.] (Boling, Edward) [Entered: 04/02/2024 10:46 AM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stacey Bosshardt for Appellants Dairyland Power Cooperative and ITC Midwest LLC. [4] [7373572] (L-No; E-Yes; R-No) [24-1492] [4] [7373572] [24-1492]--[Edited 04/02/2024 by HTP to reflect addition of counsel.] (Bosshardt, Stacey) [Entered: 04/02/2024 10:43 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas C. Jensen for Appellants Dairyland Power Cooperative and ITC Midwest LLC. [3] [7373570] (L-Yes; E-Yes; R-No) [24-1492] (Jensen, Thomas) [Entered: 04/02/2024 10:40 AM] |
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Filing 6
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [7373587] [6] [7373587] [24-1492] (HTP) [Entered: 04/02/2024 11:06 AM]
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| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. 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-APPELLEES Colonel Jesse T. Curry, Commander and District Engineer, USACE Rock Island District (substituted for predecessor Colonel Steven Sattinger); Colonel Eric Swenson, Commander and District Engineer, USACE St. Paul District (substituted for predecessor Colonel Karl Jansen); Will Meeks, Regional Director, Fish and Wildlife Service; and Sabrina Chandler, Manager, Upper Mississippi River National Wildlife and Fish Refuge. [2] [7373259] [24-1492]--[Text edited 04/01/2024 by JR.] (HTP) [Entered: 04/01/2024 09:56 AM] |
| Filing 1 U.S. civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet filed. Appellant's brief due on or before 05/08/2024 for Dairyland Power Cooperative and ITC Midwest LLC. [1] [7373256] [24-1492] (HTP) [Entered: 04/01/2024 09:49 AM] |
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