State of Iowa, et al v. State of Washington, et al
| State of Iowa, State of North Dakota, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming and State of Virginia |
| Council on Environmental Quality and Brenda Mallory, in her official capacity as Chair |
| Alaska Community Action on Toxics, Center for Biological Diversity, Center for Environmental Health, Center for Food Safety, Environmental Law and Policy Center, Environmental Protection Information Center, Food and Water Watch, Fort Berthold POWER, Friends of the Earth, Green Latinos, Labor Council for Latin American Advancement, Malama Makua, National Parks Conservation Association, National Wildlife Federation, Ocean Conservancy, People's Collective for Environmental Justice, Rio Grande International Study Center, Southern Utah Wilderness Alliance, WE ACT for Environmental Justice, Wilderness Society, The, Winter Wildlands Alliance, State of Washington, State of California, State of Colorado, State of Illinois, State of Maine, State of Maryland, Commonwealth of Massachusetts, People of the State of Michigan, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Wisconsin, District of Columbia and New York, City of |
| 25-1705 |
| April 11, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Environmental Matters |
Docket Report
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| MANDATE ISSUED. [5560107] [25-1641, 25-1705] (DAK) [Entered: 09/22/2025 01:51 PM] |
| CLERK ORDER: Granting [ # 5549931-2 ] motion to withdraw as counsel filed by Grant Donald Strobl. Grant Donald Strobl for State of Nebraska has been granted leave to withdraw from this case. [5550408] [25-1705] (DNS) [Entered: 08/22/2025 09:44 AM] |
| MOTION to withdraw as retained counsel, filed by Attorney Grant Donald Strobl for Appellee State of Nebraska w/service 08/21/2025. [5549931] [25-1705]--[Edited 08/22/2025 by BNW to remove filing from associated case. NDA resent.] (GDS) [Entered: 08/21/2025 08:52 AM] |
| APPEARANCE filed by Cody S. Barnett for Appellee State of Nebraska w/service 08/15/2025 [5548210] [25-1705] (CSB) [Entered: 08/15/2025 11:19 AM] |
| APPEARANCE filed by Valerie A. Black for Appellant State of Wisconsin w/service 07/30/2025 [5542785] [25-1705] (VAB) [Entered: 07/30/2025 09:38 AM] |
| JUDGMENT FILED - Appellants motions to dismiss the appeal as moot and to vacate the district courts summary judgment decision have been considered by the court and are granted. [ # 5512066-2 ] [ # 5512164-2 ] LAVENSKI R. SMITH, DUANE BENTON and JANE KELLY Adp July 2025 [5542514] [25-1641, 25-1705] (DAK) [Entered: 07/29/2025 01:11 PM] |
| CLERK ORDER:Granting [ # 5539956-2 ] motion to withdraw as counsel filed by Joshua Divine. Joshua Divine for State of Missouri in 25-1641, 25-1705 has been granted leave to withdraw from this case. Peter F. Donohue will continue to represent this Appellee. [5540111] [25-1641, 25-1705] (DAK) [Entered: 07/23/2025 09:13 AM] |
| MOTION to withdraw as retained counsel, filed by Attorney Joshua Divine for Appellee State of Missouri in 25-1641, 25-1705 w/service 07/22/2025. [5539956] [25-1641, 25-1705] (JMD) [Entered: 07/22/2025 03:51 PM] |
| APPEARANCE filed by Peter F. Donohue, Sr. for Appellee State of Missouri w/service 07/22/2025 [5539924] [25-1705] (PFD) [Entered: 07/22/2025 03:04 PM] |
| CLERK ORDER:Granting [ # 5537237-2 ] motion to withdraw as counsel filed by Whitney D. Hermandorfer. Whitney D. Hermandorfer for State of Tennessee in 25-1641, 25-1705 has been granted leave to withdraw from this case. [5537926] [25-1641, 25-1705] (DAK) [Entered: 07/16/2025 02:10 PM] |
| MOTION to withdraw as retained counsel, filed by Attorney Whitney D. Hermandorfer for Appellee State of Tennessee in 25-1641, 25-1705 w/service 07/15/2025. [5537237] [25-1641, 25-1705] (WDH) [Entered: 07/15/2025 12:37 PM] |
| CASE SUBMITTED Ad Panel Submission before Judges Lavenski R. Smith, Duane Benton, Jane Kelly in St. Louis [5542509] [25-1641, 25-1705] (DAK) [Entered: 07/29/2025 01:04 PM] |
| CLERK ORDER:Granting [ # 5532684-2 ] motion to withdraw as counsel filed by Benjamin W. Richmond. Benjamin W. Richmond for Council on Environmental Quality and Brenda Mallory in 25-1641 has been granted leave to withdraw from this case. These Appellees will continue to be represented by Jacob D. Ecker. [5533398] [25-1641, 25-1705] (DAK) [Entered: 07/02/2025 02:16 PM] |
| MOTION to withdraw as retained counsel, filed by Attorney Benjamin W. Richmond for Appellees Council on Environmental Quality and Brenda Mallory in 25-1641, 25-1705 w/service 07/01/2025. [5532684] [25-1641, 25-1705] (BWR) [Entered: 07/01/2025 11:13 AM] |
| CORRECTED/INITIAL certificate of service for reply, Doc No. [ # 5531917-2 ], filed by Appellant State of California in 25-1705 [5532443] [25-1641, 25-1705] (JBJ) [Entered: 06/30/2025 04:50 PM] |
| APPEARANCE filed by Jacob D. Ecker for Appellees Council on Environmental Quality and Brenda Mallory w/service 06/30/2025 [5532317] [25-1705] (JDE) [Entered: 06/30/2025 03:04 PM] |
| REPLY to response [ # 5521838-2 ] filed by Appellant State of California in 25-1705 w/service 06/27/2025. [5531917] [25-1641, 25-1705] (JBJ) [Entered: 06/27/2025 07:29 PM] |
| RESPONSE in opposition to appellants' motions to dismiss and vacate [ # 5512066-2 ] & [ # 5512164-2 ], filed by Attorney Benjamin W. Richmond for Appellees Council on Environmental Quality and Brenda Mallory in 25-1641& 25-1705, w/service 05/30/2025. [5521838] [25-1641, 25-1705]--[Edited 05/30/2025 by HAG to revise dkt txt] (BWR) [Entered: 05/30/2025 08:34 AM] |
| APPEARANCE filed by Benjamin W. Richmond for Appellees Council on Environmental Quality and Brenda Mallory w/service 05/14/2025 [5516537] [25-1705] (BWR) [Entered: 05/14/2025 10:45 AM] |
| CLERK ORDER: The Federal Defendants unopposed [ # 5509209-2 ] Motion to be Designated Appellees is granted. The Council on Environmental Quality and Brenda Mallory, in her official capacity as Chair are hereby designated as Defendants-Appellees and the caption is amended to so reflect. The Joint [ # 5509699-2 ] Motion to Set Briefing Schedule for Motions to Dismiss and to Stay Merits Briefing is granted. The April 11, 2025, consolidated briefing schedule is held in abeyance pending resolution of the appellants motions to dismiss. The Federal Defendants shall have until May 30, 2025, to file a consolidated response to the motions to dismiss. The appellants shall have until June 30, 2025, to each file consolidated replies in support of the motions to dismiss. The Federal Defendants unopposed [ # 5515712-2 ] Motion to Extend Time to Respond to Motions for Vacatur and Dismissal is granted as set forth herein. [5516483] [25-1641, 25-1705] (HAG) [Entered: 05/14/2025 09:58 AM] |
| APPEARANCE filed by Amanda J. Miiller for Appellee State of South Dakota w/service 05/12/2025 [5515860] [25-1705] (AM) [Entered: 05/12/2025 02:36 PM] |
| MOTION of interested party, Council on Environmental Quality, Brenda Mallory, for extension of time to file response to motion to dismiss case in 25-1641, [ # 5512066-2 ], and motion to dismiss case in 25-1705, [ # 5512164-2 ], until 05/30/2025. [5515712] [25-1641, 25-1705]--[Edited 05/12/2025 by HAG to correct relief and revise dkt txt] (BWR) [Entered: 05/12/2025 11:01 AM] |
| RESPONSE in opposition to motions to dismiss and vacate [ # 5512066-2 ] & [ # 5512164-2 ], filed by Attorney Eric H. Wessan for Appellees Commonwealth of Kentucky, State of Alaska, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of Virginia, State of West Virginia and State of Wyoming in 25-1641 & 25-1705, w/service 05/09/2025. [5515460] [25-1641, 25-1705] ,. [5515460] [25-1641, 25-1705]--[Edited 05/12/2025 by HAG] (EHW) [Entered: 05/09/2025 03:22 PM] |
| ****DOCUMENT LOCKED**** APPEARANCE filed by Amanda J. Miiller for Appellee State of South Dakota w/service 05/08/2025 [5515149] [25-1705]--[Edited 05/14/2025 by AMT] Counsel refiled the appearance form to correct the phone number. (AM) [Entered: 05/08/2025 03:59 PM] |
| APPEARANCE filed by James M. Rice for Appellee State of Tennessee w/service 05/08/2025 [5515143] [25-1705] (JMR) [Entered: 05/08/2025 03:53 PM] |
| RESPONSE with no opposition to motion for leave to intervene/designate as appellees [ # 5509209-2 ], filed by Attorney Elizabeth Harris for Appellants Commonwealth of Massachusetts, District of Columbia, People of the State of Michigan, State of California, State of Illinois, State of Maryland, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State, of Washington, State of Wisconsin in 25-1705, w/service 05/02/2025. [5513248] [25-1705, 25-1641]--[Edited 05/05/2025 by HAG to add all parties being filed on behalf of] (EH) [Entered: 05/02/2025 05:38 PM] |
| APPEARANCE filed by Spenser Lotz for Appellant State of New Mexico w/service 05/01/2025 [5512682] [25-1705] (JSL) [Entered: 05/01/2025 04:31 PM] |
| MOTION for vacature and dismissal, filed by Attorney Jamie Jefferson for Appellant States (Appellants Commonwealth of Massachusetts, District of Columbia, People of the State of Michigan, State of California, State of Illinois, State of Maryland, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Washington and State of Wisconsin) in 25-1705, w/service 04/30/2025. [5512164] [25-1705] --[Edited 05/01/2025 by HAG to remove from 25-1641 and revise dkt txt to all parties filed on behalf of] (JBJ) [Entered: 04/30/2025 05:25 PM] |
| APPEARANCE filed by Eric H. Wessan for Appellee State of Iowa w/service 04/25/2025 [5510284] [25-1705] (EHW) [Entered: 04/25/2025 09:56 AM] |
| APPEARANCE filed by Benjamin C. Houston for Appellant People of the State of Michigan w/service 04/24/2025 [5509752] [25-1705] (BCH) [Entered: 04/24/2025 08:22 AM] |
| MOTION to set briefing schedule for motions to dismiss and vacate, and to hold merits briefing schedule in abeyance, filed by Elizabeth Harris for Appellant State of Washington, Jamie Jefferson for Appellant State of California, Wesley Rosenfeld for Appellant District of Columbia, Jason Elliott James for Appellant State of Illinois, Steven J. Goldstein for Appellant State of Maryland, Edwin Jerome Ward, IV for Appellant Commonwealth of Massachusetts, Benjamin Charles Houston for Appellant People of the State of Michigan, Dianna Shinn for Appellant State of New Jersey, J. Spenser Lotz for Appellant State of New Mexico, Max Shterngel for Appellant State of New York, Paul Garrahan for Appellant State of Oregon, Tressie K. Kamp for Appellant State of Wisconsin and Attorney Eric H. Wessan for Appellee State of Iowa in 25-1705, Attorney Eric H. Wessan for Appellee State of Iowa and Attorney Jan Erik Hasselman for Appellants Alaska Community Action on Toxics, Center for Environmental Health, Center for Food Safety, Environmental Protection Information Center, Food and Water Watch, Fort Berthold POWER, Friends of the Earth, Green Latinos, Malama Makua, National Parks Conservation Association, National Wildlife Federation, Ocean Conservancy, Rio Grande International Study Center, Southern Utah Wilderness Alliance, WE ACT for Environmental Justice, Wilderness Society, The and Winter Wildlands Alliance in 25-1641 w/service 04/23/2025. [5509699] [25-1705, 25-1641]--[Edited 05/13/2025 by HAG to add relief and revise dkt txt] (EH) [Entered: 04/23/2025 04:38 PM] |
| APPEARANCE filed by Steven J. Goldstein for Appellant State of Maryland w/service 04/23/2025 [5509301] [25-1705] (SJG) [Entered: 04/23/2025 09:03 AM] |
| APPEARANCE filed by Edwin Ward IV for Appellant Commonwealth of Massachusetts w/service 04/22/2025 [5508748] [25-1705] (EJW) [Entered: 04/22/2025 10:40 AM] |
| MOTION interested party, Council on Environmental Quality, Brenda Mallory , for leave to intervene on behalf of for motion to designate as appellee. w/service 04/22/2025. [5509209] [25-1641, 25-1705] (BWR) [Entered: 04/22/2025 04:48 PM] |
| APPEARANCE filed by David Bryant for Appellee State of Texas w/service 04/22/2025 [5508720] [25-1705] (MDB) [Entered: 04/22/2025 10:11 AM] |
| APPEARANCE filed by Yuriy Korol for Appellant State of Washington w/service 04/21/2025 [5508558] [25-1705] (YK) [Entered: 04/21/2025 06:13 PM] |
| APPEARANCE filed by Elizabeth Harris for Appellant State of Washington w/service 04/21/2025 [5508559] [25-1705] (EH) [Entered: 04/21/2025 06:50 PM] |
| APPEARANCE filed by Dianna Shinn for Appellant State of New Jersey w/service 04/18/2025 [5508109] [25-1705] (DS) [Entered: 04/18/2025 04:30 PM] |
| APPEARANCE filed by Tressie K. Kamp for Appellant State of Wisconsin w/service 04/17/2025 [5507322] [25-1705] (TKK) [Entered: 04/17/2025 11:06 AM] |
| APPEARANCE filed by Anthony R. Raduazo for Appellant State of New York w/service 04/17/2025 [5507224] [25-1705] --[Edited 04/17/2025 by HAG to revise dkt txt to correct party being represented] (ARR) [Entered: 04/17/2025 08:59 AM] |
| APPEARANCE filed by Ashwin P. Phatak for Appellant District of Columbia w/service 04/16/2025 [5507107] [25-1705] (APP) [Entered: 04/16/2025 03:22 PM] |
| APPEARANCE filed by Amanda Miiller for Appellee State of South Dakota w/service 04/16/2025 [5506928] [25-1705] (AM) [Entered: 04/16/2025 11:21 AM] |
| APPEARANCE filed by Max Shterngel for Appellant State of New York w/service 04/16/2025 [5506839] [25-1705] (MS) [Entered: 04/16/2025 08:55 AM] |
| APPEARANCE filed by Jason E. James for Appellant State of Illinois w/service 04/15/2025 [5506576] [25-1705] (JEJ) [Entered: 04/15/2025 11:32 AM] |
| APPEARANCE filed by Paul Garrahan for Appellant State of Oregon w/service 04/15/2025 [5506726] [25-1705] (PG) [Entered: 04/15/2025 03:42 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, Order on Motions for Summary Judgment 2/3/25, and Judgment 2/3/25 [5505777] [25-1705] (MMH) [Entered: 04/11/2025 04:04 PM] |
| CONSOLIDATED BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 05/21/2025. Appendix due 06/02/2025. BRIEF APPELLANT, Alaska Community Action on Toxics, Center for Environmental Health, Center for Food Safety, Environmental Protection Information Center, Food and Water Watch, Fort Berthold POWER, Friends of the Earth, Green Latinos, Malama Makua, National Parks Conservation Association, National Wildlife Federation, Ocean Conservancy, Rio Grande International Study Center, Southern Utah Wilderness Alliance, WE ACT for Environmental Justice, Wilderness Society, The, Winter Wildlands Alliance, Commonwealth of Massachusetts, District of Columbia, People of the State of Michigan, State of California, State of Illinois, State of Maryland, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Washington and State of Wisconsin due 06/02/2025 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5505783] [25-1641, 25-1705] (MMH) [Entered: 04/11/2025 04:18 PM] |
| Civil case docketed. [5505768] [25-1705] (MMH) [Entered: 04/11/2025 03:40 PM] |
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