Oregon Cattlemen's Association v. USEPA, et al
| U.S. ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES ARMY CORPS OF ENGINEERS, ANDREW WHEELER, in his official capacity as Administrator of the Environmental Protection Agency and R. D. JAMES, in his Official Capacity as Assistant Secretary for Civil Works, Department of the Army |
| OREGON CATTLEMEN'S ASSOCIATION |
| COLUMBIA RIVERKEEPER, Proposed Intervenor |
| 19-35564 |
| July 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| OREGON CATTLEMEN'S ASSOCIATION V. USEPA |
Docket Report
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This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 FILED MEMORANDUM (MARY M. SCHROEDER, RICHARD A. PAEZ and ANDREW D. HURWITZ) The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Appellants unopposed motion to submit this case on the briefs (Docket Entry No. [ # 25 ]) is therefore granted.; REVERSED and REMANDED with instructions. FILED AND ENTERED JUDGMENT. [11408320] (MM) [Entered: 08/23/2019 11:07 AM] |
| Filing 37 Received 7 paper copies of Reply Brief [ # 35 ] filed by Columbia Riverkeeper. [11401729] (SD) [Entered: 08/19/2019 11:18 AM] |
| Filing 36 Filed clerk order: The reply brief [ # 35 ] submitted by Columbia Riverkeeper is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11397375] (KWG) [Entered: 08/14/2019 02:41 PM] |
| Filing 35 Submitted (ECF) Reply Brief for review. Submitted by Appellant Columbia Riverkeeper. Date of service: 08/13/2019. [11395813] [19-35564]--[COURT UPDATE: Attached corrected PDF of the brief. 08/14/2019 by KWG] (Sewell, Anna) [Entered: 08/13/2019 12:13 PM] |
| Filing 34 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11386934] (LW) [Entered: 08/05/2019 11:51 AM] |
| Filing 33 Received 7 paper copies of Answering Brief [ # 27 ] filed by Oregon Cattlemen's Association. [11382623] (SD) [Entered: 07/31/2019 11:42 AM] |
| Filing 32 Filed 4 paper copies of supplemental excerpts of record [ # 28 ] in 1 volume(s) filed by Appellee Oregon Cattlemen's Association. [11382577] (SML) [Entered: 07/31/2019 11:33 AM] |
| Filing 31 Received 7 paper copies of Answering Brief [ # 26 ] filed by R. D. James, et al. [11379757] (SD) [Entered: 07/29/2019 02:22 PM] |
| Filing 30 Filed clerk order: The answering brief [ # 27 ] submitted by Oregon Cattlemen's Association is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the supplemental excerpts of record [ # 28 ] submitted by Oregon Cattlemen's Association. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11376619] (SML) [Entered: 07/25/2019 12:25 PM] |
| Filing 29 Filed clerk order: The answering brief [ # 26 ] submitted by R. D. James; et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [11376612] (SML) [Entered: 07/25/2019 12:23 PM] |
| Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Oregon Cattlemen's Association. Date of service: 07/24/2019. [11375906] [19-35564] (Francois, Anthony) [Entered: 07/24/2019 08:04 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellee Oregon Cattlemen's Association. Date of service: 07/24/2019. [11375904] [19-35564]--[COURT UPDATE: Updated brief type and party filer to reflect content of filing. 07/25/2019 by SML] (Francois, Anthony) [Entered: 07/24/2019 07:59 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellees R. D. James, United States Army Corps of Engineers, USEPA and Andrew Wheeler. Date of service: 07/24/2019. [11375284] [19-35564] (Lundman, Robert) [Entered: 07/24/2019 01:33 PM] |
| Filing 25 Filed (ECF) Appellant Columbia Riverkeeper Motion to submit case on briefs. Date of service: 07/24/2019. [11375244] [19-35564] (Sewell, Anna) [Entered: 07/24/2019 01:15 PM] |
| Filing 24 Filed (ECF) Attorney Anthony L. Francois for Appellee Oregon Cattlemen's Association response to notice for case being considered for oral argument. Date of service: 07/23/2019. [11372863] [19-35564] (Francois, Anthony) [Entered: 07/23/2019 09:16 AM] |
| Filing 23 Received 7 paper copies of Opening Brief [ # 17 ] filed by Columbia Riverkeeper. [11372312] (SD) [Entered: 07/22/2019 04:00 PM] |
| Filing 22 Filed 4 paper copies of excerpts of record [ # 18 ] in 1 volume(s) filed by Appellant Columbia Riverkeeper. [11371819] (KWG) [Entered: 07/22/2019 02:14 PM] |
| Filing 21 This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for November 2019 at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation). [11370209] (KS) [Entered: 07/19/2019 03:53 PM] |
| Filing 20 Filed (ECF) Appellant Columbia Riverkeeper Correspondence: Notifying court of relevant district court order. Date of service: 07/19/2019 [11369874] [19-35564] (Sewell, Anna) [Entered: 07/19/2019 02:11 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by Columbia Riverkeeper is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [ # 18 ] submitted by Columbia Riverkeeper. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11367540] (KWG) [Entered: 07/18/2019 09:10 AM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Columbia Riverkeeper. Date of service: 07/17/2019. [11366766] [19-35564] (Sewell, Anna) [Entered: 07/17/2019 02:02 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellant Columbia Riverkeeper. Date of service: 07/17/2019. [11366759] [19-35564] (Sewell, Anna) [Entered: 07/17/2019 01:59 PM] |
| Filing 16 Added Attorney(s) Anna Marie Sewell for party(s) Appellant Columbia Riverkeeper, in case 19-35564. [11366419] (QDL) [Entered: 07/17/2019 11:29 AM] |
| Filing 15 Filed (ECF) notice of appearance of Anna M. Sewell (Earthjustice 1625 Massachusetts Ave., NW Ste. 702 Washington, DC 20036-2243) for Appellant Columbia Riverkeeper. Date of service: 07/17/2019. (Party previously proceeding without counsel: No) [11366330] [19-35564] (Sewell, Anna) [Entered: 07/17/2019 11:04 AM] |
| Filing 14 Added Attorney Robert Lundman for party(s) Appellee R. D. James Appellee USEPA Appellee Andrew Wheeler Appellee United States Army Corps of Engineers. [11364727] (RL) [Entered: 07/16/2019 10:35 AM] |
| Filing 13 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 07/31/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11364552] (LW) [Entered: 07/16/2019 09:46 AM] |
| Filing 12 Filed (ECF) notice of appearance of Robert J. Lundman (Environment & Natural Resources Division, U.S. Department of Justice; P.O. Box 7415; Washington, DC 20044) for Appellees R. D. James, United States Army Corps of Engineers, USEPA and Andrew Wheeler. Date of service: 07/16/2019. (Party previously proceeding without counsel: No) [11364444] [19-35564] (Lundman, Robert) [Entered: 07/16/2019 09:06 AM] |
| Filing 11 Filed order (MARY M. SCHROEDER and MORGAN B. CHRISTEN) Appellants emergency motion to expedite briefing and hearing (Docket Entry No. [ # 2 ]) is granted in part. The parties have agreed to the following briefing schedule: The opening brief and excerpts of record are due July 17, 2019; the answering briefs are due July 24, 2019; and the optional reply brief is due within 21 days after service of the answering briefs. The Clerk shall calendar this case during the week of November 4 in Portland, Oregon. [11362970] (WL) [Entered: 07/15/2019 10:06 AM] |
| Filing 10 Filed (ECF) Appellee Oregon Cattlemen's Association corporate disclosure statement. Date of service: 07/12/2019. [11361823] [19-35564] (Francois, Anthony) [Entered: 07/12/2019 12:09 PM] |
| Filing 9 Filed (ECF) Appellant Columbia Riverkeeper corporate disclosure statement. Date of service: 07/11/2019. [11360875] [19-35564] (Chavez, Jennifer) [Entered: 07/11/2019 02:07 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 07/11/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11360715][19-35564] (AD) [Entered: 07/11/2019 12:44 PM] |
| Filing 7 Filed (ECF) Appellant Columbia Riverkeeper Mediation Questionnaire. Date of service: 07/11/2019. [11360695] [19-35564] (Brimmer, Janette) [Entered: 07/11/2019 12:27 PM] |
| Filing 6 Filed (ECF) Appellee Oregon Cattlemen's Association response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 07/09/2019. [11358382] [19-35564] (Francois, Anthony) [Entered: 07/09/2019 02:52 PM] |
| Filing 5 Added Attorney Jennifer Scheller Neumann for party(s) Appellee R. D. James Appellee USEPA Appellee Andrew Wheeler Appellee United States Army Corps of Engineers. [11358220] (RL) [Entered: 07/09/2019 01:58 PM] |
| Filing 4 Filed (ECF) notice of appearance of Jennifer Scheller Neumann (ENRD/DOJ, PO Box 7415, Washington DC 20044) for Appellees United States Army Corps of Engineers, USEPA, Andrew Wheeler and R. D. James. Date of service: 07/09/2019. (Party previously proceeding without counsel: No) [11357709] [19-35564] (Neumann, Jennifer) [Entered: 07/09/2019 10:31 AM] |
| Filing 3 Filed (ECF) Appellant Columbia Riverkeeper Correspondence: Notice of No Transcript Ordered filed in D.C. No. 3:19-00564-AC, U.S. District Court of Oregon, Portland. Date of service: 07/08/2019 [11357019] [19-35564] (Brimmer, Janette) [Entered: 07/08/2019 04:00 PM] |
| Filing 2 Filed (ECF) Appellant Columbia Riverkeeper EMERGENCY Motion to expedite case. Date of service: 07/08/2019. [11356994] [19-35564] (Brimmer, Janette) [Entered: 07/08/2019 03:50 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 07/12/2019. Appellant Columbia Riverkeeper opening brief due 09/03/2019. Appellees R. D. James, Oregon Cattlemen's Association, U.S. Environmental Protection Agency, United States Army Corps of Engineers and Andrew Wheeler answering brief due 10/03/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11355079] (RT) [Entered: 07/05/2019 12:30 PM] |
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| Defendant / appellee: U.S. ENVIRONMENTAL PROTECTION AGENCY | |
| Represented By: | Jennifer Scheller Neumann |
| Represented By: | Andrew J. Doyle |
| Represented By: | Robert Lundman |
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| Defendant / appellee: UNITED STATES ARMY CORPS OF ENGINEERS | |
| Represented By: | Jennifer Scheller Neumann |
| Represented By: | Andrew J. Doyle |
| Represented By: | Robert Lundman |
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| Defendant / appellee: ANDREW WHEELER, in his official capacity as Administrator of the Environmental Protection Agency | |
| Represented By: | Jennifer Scheller Neumann |
| Represented By: | Andrew J. Doyle |
| Represented By: | Robert Lundman |
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| Defendant / appellee: R. D. JAMES, in his Official Capacity as Assistant Secretary for Civil Works, Department of the Army | |
| Represented By: | Jennifer Scheller Neumann |
| Represented By: | Andrew J. Doyle |
| Represented By: | Robert Lundman |
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| Plaintiff / appellee: OREGON CATTLEMEN'S ASSOCIATION | |
| Represented By: | Anthony L. Francois |
| Represented By: | Daniel Ortner |
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| Petitioner / appellant: COLUMBIA RIVERKEEPER, Proposed Intervenor | |
| Represented By: | James N. Saul |
| Represented By: | Janette K. Brimmer |
| Represented By: | Jennifer Cristie Chavez |
| Represented By: | Anna Marie Sewell |
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