State of California v. BLM, et al
| STATE OF CALIFORNIA |
| BUREAU OF LAND MANAGEMENT, DAVID BERNHARDT, Secretary of the Interior and JOSEPH BALASH, Assistant Secretary for Land and Minerals Management, United States Department of the Interior |
| AMERICAN PETROLEUM INSTITUTE, STATE OF WYOMING, WESTERN ENERGY ALLIANCE and INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA |
| INSTITUTE FOR POLICY INTEGRITY AT NEW YORK UNIVERSITY SCHOOL OF LAW |
| 20-16157 |
| June 12, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
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| Filing 105 MEDIATION STATUS REPORT DUE - 11/29/2023. The administrative closure period is extended until 12/6/2023. At any time before that date, any party may request that this appeal be reopened. See order for details. [12817591] [20-16157, 20-16158] (BLS) [Entered: 10/31/2023 11:17 AM] |
| Filing 104 MEDIATION STATUS REPORT DUE - 10/30/2023. The administrative closure period is extended until 11/06/2023. At any time before that date, any party may request that this appeal be reopened. See order for details. [12810003] [20-16157, 20-16158] (BLS) [Entered: 10/16/2023 10:26 AM] |
| Filing 103 MEDIATION STATUS REPORT DUE - 09/29/2023. The administrative closure period is extended until 10/06/2023. At any time before that date, any party may request that these appeals be reopened. See order for details. [12786931] [20-16157, 20-16158] (BLS) [Entered: 09/05/2023 05:27 PM] |
| Filing 102 MEDIATION STATUS REPORT DUE - 08/30/2023. The administrative closure period is extended until 09/06/2023. At any time before that date, any party may request that these appeals be reopened. See order for details. [12768702] [20-16157, 20-16158] (BLS) [Entered: 08/04/2023 07:48 PM] |
| Filing 101 MEDIATION STATUS REPORT DUE - 07/31/2023. The administrative closure period is extended until 08/07/2023. At any time before that date, any party may request that this appeal be reopened. See order for details. [12757298] [20-16157, 20-16158] (BLS) [Entered: 07/18/2023 02:01 PM] |
| Filing 100 MEDIATION STATUS REPORT DUE - 06/30/2023. The administrative closure period is extended until 07/07/2023. At any time before that date, any party may request that this appeal be reopened. See order for details. [12725779] [20-16157, 20-16158] (BLS) [Entered: 05/31/2023 02:03 PM] |
| Filing 99 MEDIATION STATUS REPORT DUE - 05/08/2023. The administrative closure period is extended until May 15, 2023. At any time before that date, any party may request that this appeal be reopened. See order for details. [12691824] [20-16157, 20-16158] (BLS) [Entered: 04/10/2023 05:45 AM] |
| Filing 98 Filed order MEDIATION (JW): The administrative closure period is extended until April 14, 2023. At any time before that date, any party may request that these appeals be reopened. On or before April 7, 2023, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12676185] [20-16157, 20-16158] (OC) [Entered: 03/17/2023 11:01 AM] |
| Filing 97 Filed order MEDIATION (JW): The administrative closure period is extended until March 15, 2023. At any time before that date, any party may request that these appeals be reopened. On or before March 8, 2023, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12656385] [20-16157, 20-16158] (OC) [Entered: 02/17/2023 03:54 PM] |
| Filing 96 Attorney Michael Roland Matthias substituted by Attorney Theodore Jason Weiss. [12630247] [20-16157, 20-16158] (RL) [Entered: 01/13/2023 11:59 AM] |
| Filing 95 Filed (ECF) notice of appearance of Theodore Jason Weiss (BAKER & HOSTETLER LLP 11601 Wilshire Boulevard, Suite 1400 Los Angeles, California 90025-0509) for Appellees Independent Petroleum Association of America and Western Energy Alliance in 20-16157, 20-16158. Substitution for Attorney Michael Roland Matthias for Appellees Independent Petroleum Association of America and Western Energy Alliance in 20-16157, 20-16158. Date of service: 01/13/2023. (Party was previously proceeding with counsel.) [12630232] [20-16157, 20-16158] (Weiss, Theodore) [Entered: 01/13/2023 11:51 AM] |
| Filing 94 Filed order MEDIATION (JW): The administrative closure period is extended until February 13, 2023. At any time before that date, any party may request that these appeals be reopened. On or before February 6, 2023, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12626386] [20-16157, 20-16158] (ABT) [Entered: 01/09/2023 04:16 PM] |
| Filing 93 Filed order MEDIATION (JW): The administrative closure period is extended until January 13, 2023. At any time before that date, any party may request that these appeals be reopened. On or before January 6, 2023, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12620134] [20-16157, 20-16158] (AF) [Entered: 12/29/2022 03:27 PM] |
| Filing 92 MEDIATION STATUS REPORT DUE - 12/07/2022. The administrative closure period is extended until December 14, 2022. At any time before that date, any party may request that this appeal be reopened. See order for details. [12592507] [20-16157, 20-16158] (BLS) [Entered: 11/21/2022 12:12 PM] |
| Filing 91 Attorney George Torgun in 20-16157 substituted by Attorney Adrianna Lobato in 20-16157 [12588456] [20-16157, 20-16158] (SLM) [Entered: 11/16/2022 09:17 AM] |
| Filing 90 Filed (ECF) notice of appearance of Adrianna Lobato (California Department of Justice, 1300 I Street, Sacramento, CA 95814) for Appellant State of California in 20-16157. Substitution for Mr. George Torgun in 20-16157. Date of service: 11/16/2022. (Party was previously proceeding with counsel.) [12588448] [20-16157, 20-16158]--[COURT ENTERED FILING.] (SLM) [Entered: 11/16/2022 09:15 AM] |
| Filing 89 MEDIATION STATUS REPORT DUE - 11/07/2022. The administrative closure period is extended until November 14, 2022. At any time before that date, any party may request that this appeal be reopened. See order for details. [12569711] [20-16157, 20-16158] (BLS) [Entered: 10/21/2022 07:33 AM] |
| Filing 88 MEDIATION STATUS REPORT DUE - 10/07/2022. The administrative closure period is extended until October 14, 2022. At any time before that date, any party may request that this appeal be reopened. See order for details. [12545192] [20-16157, 20-16158] (BLS) [Entered: 09/20/2022 09:36 PM] |
| Filing 87 Terminated James Kaste for State of Wyoming. [12544772] [20-16157, 20-16158] (RL) [Entered: 09/20/2022 02:05 PM] |
| Filing 86 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. James Kaste for Appellee State of Wyoming in 20-16157, 20-16158. Party proceeding without counsel: No. Date of service: 09/20/2022. [12544542] [20-16157, 20-16158] (Kaste, James) [Entered: 09/20/2022 12:27 PM] |
| Filing 85 MEDIATION STATUS REPORT DUE - 09/07/2022. The administrative closure period is extended until September 14, 2022. At any time before that date, any party may request that this appeal be reopened. See order for details. [12518597] [20-16157, 20-16158] (BLS) [Entered: 08/17/2022 09:47 AM] |
| Filing 84 Terminated Christopher I. Rendall-Jackson for State of Wyoming in 20-16157. [12445657] [20-16157, 20-16158] (RL) [Entered: 05/12/2022 02:42 PM] |
| Filing 83 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Christopher I. Rendall-Jackson for Appellee State of Wyoming in 20-16157, 20-16158. Party proceeding without counsel: No. Date of service: 05/12/2022. [12445616] [20-16157, 20-16158] (Kaste, James) [Entered: 05/12/2022 02:28 PM] |
| Filing 82 MEDIATION STATUS REPORT DUE - 08/08/2022. The administrative closure period is extended until August 15, 2022. At any time before that date, any party may request that these appeals be reopened. See order for details. [12444762] [20-16157, 20-16158] (BLS) [Entered: 05/11/2022 11:10 PM] |
| Filing 81 Filed order MEDIATION (JW): The administrative closure period is extended until May 16, 2022. At any time before that date, any party may request that these appeals be reopened. On or before May 9, 2022, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12366038] [20-16157, 20-16158] (OC) [Entered: 02/10/2022 09:18 AM] |
| Filing 80 Terminated Shannon Clark for State of California. [12354721] [20-16157, 20-16158] (RL) [Entered: 01/28/2022 02:18 PM] |
| Filing 79 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Shannon Clark for Appellant State of California in 20-16157. Party proceeding without counsel: No. Date of service: 01/28/2022. [12354670] [20-16157, 20-16158] (Clark, Shannon) [Entered: 01/28/2022 01:59 PM] |
| Filing 78 Filed order MEDIATION (JW): The administrative closure period is extended until February 14, 2022. At any time before that date, any party may request that these appeals be reopened. On or before February 7, 2022, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12286298] [20-16157, 20-16158] (WL) [Entered: 11/12/2021 04:33 PM] |
| Filing 77 Filed order MEDIATION (JW): The administrative closure period is extended until November 15, 2021. At any time before that date, any party may request that these appeals be reopened. On or before November 8, 2021, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12203012] [20-16157, 20-16158] (OC) [Entered: 08/16/2021 04:42 PM] |
| Filing 76 Filed order MEDIATION (JW): The administrative closure period is extended until August 16, 2021. At any time before that date, any party may request that these appeals be reopened. On or before August 9, 2021, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12119991] [20-16157, 20-16158] (OC) [Entered: 05/20/2021 03:12 PM] |
| Filing 75 Filed order (Deputy Clerk: JW) The Clerk is directed to temporarily close this courts docket for administrative purposes only until May 18, 2021. This administrative closure is not a decision on the merits and no mandate will issue in connection with this order. If this matter is resolved before May 18, 2021, appellant shall file either a motion or stipulation to dismiss this appeal pursuant to Fed. R. App. P. 42(b). At any time before May 18, 2021, any party may request that this appeal be reopened. On or before May 18, 2021, counsel for Bureau of Land Management is requested to contact the mediator by email (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. [12048014] [20-16157, 20-16158] (OC) [Entered: 03/19/2021 03:47 PM] |
| Filing 74 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 03/01/2021, 11:00 a.m. Pacific Time. See order for details. [12010565] [20-16157, 20-16158] (BLS) [Entered: 02/19/2021 06:45 PM] |
| Filing 73 Received 6 paper copies of Reply Brief [ # 66 ] filed by State of California. [12009562] [20-16157, 20-16158] (SD) [Entered: 02/19/2021 11:00 AM] |
| Filing 72 Received 3 paper copies of joint further excerpts of record [ # 68 ] in 1 volume(s) filed by Appellants Sierra Club, et al. [12006478] [20-16157, 20-16158] (LA) [Entered: 02/17/2021 11:41 AM] |
| Filing 71 Received 6 paper copies of Reply Brief [ # 67 ] filed by Sierra Club, et al. [12005257] [20-16157, 20-16158] (SD) [Entered: 02/16/2021 04:23 PM] |
| Filing 70 Filed clerk order: The reply brief [ # 67 ] submitted by Sierra Club, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 further excerpts of record [ # 68 ] submitted by Sierra Club, et al. are filed. Within 7 days of this order, filer is ordered to file 3 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. [12000413] [20-16157, 20-16158] (KT) [Entered: 02/11/2021 10:04 AM] |
| Filing 69 Filed clerk order: The reply brief [ # 66 ] submitted by State of California is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [12000403] [20-16157, 20-16158] (KT) [Entered: 02/11/2021 09:59 AM] |
| Filing 68 Submitted (ECF) further excerpts of record. Submitted by Appellants Center for Biological Diversity, Dine Citizens Against Ruining Our Environment, Earthworks, Fort Berthold Protectors of Water and Earth Rights, Sierra Club, Southern Utah Wilderness Alliance, The Wilderness Society and Western Resource Advocates in 20-16158. Date of service: 02/10/2021. [11999603] [20-16157, 20-16158] (Freeman, Michael) [Entered: 02/10/2021 02:34 PM] |
| Filing 67 Submitted (ECF) Reply Brief for review. Submitted by Appellants Center for Biological Diversity, Dine Citizens Against Ruining Our Environment, Earthworks, Fort Berthold Protectors of Water and Earth Rights, Sierra Club, Southern Utah Wilderness Alliance, The Wilderness Society and Western Resource Advocates in 20-16158. Date of service: 02/10/2021. [11999569] [20-16157, 20-16158] (Freeman, Michael) [Entered: 02/10/2021 02:26 PM] |
| Filing 66 Submitted (ECF) Reply Brief for review. Submitted by Appellant State of California in 20-16157. Date of service: 02/10/2021. [11999390] [20-16157, 20-16158] (Clark, Shannon) [Entered: 02/10/2021 01:22 PM] |
| Filing 65 Received 3 paper copies of supplemental excerpts of record [ # 50 ] in 1 volume(s) filed by Appellees Independent Petroleum Association of America and Western Energy Alliance. [11952121] [20-16157, 20-16158] (KWG) [Entered: 01/05/2021 08:00 AM] |
| Filing 64 Received correction to deficient supplemental excerpts of record [ # 63 ] from Appellees Independent Petroleum Association of America and Western Energy Alliance: replacement copies that match electronic version. [11952120] [20-16157, 20-16158] (KWG) [Entered: 01/05/2021 07:59 AM] |
| Filing 63 Received Appellees Independent Petroleum Association of America and Western Energy Alliance 3 paper copies of supplemental excerpts of record [ # 50 ] in 2 volume(s). Deficiency: paper copies do not match electronic version (single electronic volume submitted as 2 volumes in paper). Corrections required (see attached notice). [11949003] [20-16157, 20-16158] (LA) [Entered: 12/30/2020 02:51 PM] |
| Filing 62 Received 6 paper copies of Answering Brief [ # 49 ] filed by Independent Petroleum Association of America and Western Energy Alliance. [11948942] [20-16157, 20-16158] (SD) [Entered: 12/30/2020 02:26 PM] |
| Filing 61 Received 3 paper copies of supplemental excerpts of record [ # 48 ] in 1 volume(s) filed by Appellee American Petroleum Institute. [11948937] [20-16157, 20-16158] (LA) [Entered: 12/30/2020 02:24 PM] |
| Filing 60 Received 3 paper copies of supplemental excerpts of record [ # 45 ] in 1 volume(s) filed by Appellee State of Wyoming. [11948925] [20-16157, 20-16158] (LA) [Entered: 12/30/2020 02:20 PM] |
| Filing 59 Received 6 paper copies of Answering Brief [ # 47 ] filed by American Petroleum Institute. [11948890] [20-16157, 20-16158] (SD) [Entered: 12/30/2020 02:08 PM] |
| Filing 58 Received 6 paper copies of Answering Brief [ # 44 ] filed by State of Wyoming. [11948795] [20-16157, 20-16158] (SD) [Entered: 12/30/2020 01:31 PM] |
| Filing 57 Received 6 paper copies of Answering Brief [ # 43 ] filed by BLM, et al. [11947894] [20-16157, 20-16158] (SD) [Entered: 12/29/2020 03:47 PM] |
| Filing 56 Filed clerk order: The answering brief [ # 44 ] submitted by State of Wyoming is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 supplemental excerpts of record [ # 45 ] submitted by State of Wyoming are filed. Within 7 days of this order, filer is ordered to file 3 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. [11946289] [20-16157, 20-16158] (KT) [Entered: 12/28/2020 02:29 PM] |
| Filing 55 Filed clerk order: The answering brief [ # 49 ] submitted by Independent Petroleum Association of America and Western Energy Alliance is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 supplemental excerpts of record [ # 50 ] submitted by Independent Petroleum Association of America and Western Energy Alliance are filed. Within 7 days of this order, filer is ordered to file 3 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. [11946006] [20-16157, 20-16158] (KT) [Entered: 12/28/2020 12:02 PM] |
| Filing 54 Filed clerk order: The answering brief [ # 47 ] submitted by American Petroleum Institute is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 supplemental excerpts of record [ # 48 ] submitted by American Petroleum Institute are filed. Within 7 days of this order, filer is ordered to file 3 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. [11945814] [20-16157, 20-16158] (KT) [Entered: 12/28/2020 10:34 AM] |
| Filing 53 Streamlined request [52] by Appellants Center for Biological Diversity, Dine Citizens Against Ruining Our Environment, Earthworks, Fort Berthold Protectors of Water and Earth Rights, Sierra Club, Southern Utah Wilderness Alliance, The Wilderness Society and Western Resource Advocates in 20-16158 to extend time to file the brief is approved for All Appellants. Amended briefing schedule: the optional reply brief is due 02/10/2021. [11944865] [20-16157, 20-16158] (JN) [Entered: 12/24/2020 10:35 AM] |
| Filing 52 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Sierra Club, Dine Citizens Against Ruining Our Environment, Fort Berthold Protectors of Water and Earth Rights, Center for Biological Diversity, Earthworks, Western Resource Advocates, The Wilderness Society and Southern Utah Wilderness Alliance in 20-16158. New requested due date is 02/10/2021. [11944809] [20-16157, 20-16158] --[COURT UPDATE: Updated docket text to reflect correct requested due date. 12/24/2020 by TYL] (Freeman, Michael) [Entered: 12/24/2020 09:45 AM] |
| Filing 51 Filed clerk order: The answering brief [ # 43 ] submitted by BLM, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11938106] [20-16157, 20-16158] (KT) [Entered: 12/23/2020 11:07 AM] |
| Filing 50 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Independent Petroleum Association of America and Western Energy Alliance in 20-16157, 20-16158. Date of service: 12/21/2020. [11935984] [20-16157, 20-16158] (Barron, Mark) [Entered: 12/21/2020 08:20 PM] |
| Filing 49 Submitted (ECF) Answering Brief for review. Submitted by Appellees Independent Petroleum Association of America and Western Energy Alliance in 20-16157, 20-16158. Date of service: 12/21/2020. [11935982] [20-16157, 20-16158] (Barron, Mark) [Entered: 12/21/2020 07:56 PM] |
| Filing 48 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee American Petroleum Institute in 20-16157, 20-16158. Date of service: 12/21/2020. [11935956] [20-16157, 20-16158] (Sullivan, Timothy) [Entered: 12/21/2020 07:09 PM] |
| Filing 47 Submitted (ECF) Answering Brief for review. Submitted by Appellee American Petroleum Institute in 20-16157, 20-16158. Date of service: 12/21/2020. [11935942] [20-16157, 20-16158] (Sullivan, Timothy) [Entered: 12/21/2020 06:58 PM] |
| Filing 46 Added Attorney(s) James Michael Auslander for party(s) Appellee American Petroleum Institute, in case 20-16157 Attorney(s) James Michael Auslander for party(s) Appellee American Petroleum Institute, in case 20-16158. [11935606] [20-16157, 20-16158] (JFF) [Entered: 12/21/2020 04:04 PM] |
| Filing 45 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee State of Wyoming in 20-16157, 20-16158. Date of service: 12/21/2020. [11935318] [20-16157, 20-16158]--[COURT UPDATE: attached corrected PDF of supplemental excerpts of record. 12/28/2020 by KT] (Jordan, Travis) [Entered: 12/21/2020 02:32 PM] |
| Filing 44 Submitted (ECF) Answering Brief for review. Submitted by Appellee State of Wyoming in 20-16157, 20-16158. Date of service: 12/21/2020. [11935286] [20-16157, 20-16158]--[COURT UPDATE: attached corrected PDF of answering brief. 12/28/2020 by KT] (Jordan, Travis) [Entered: 12/21/2020 02:25 PM] |
| Filing 43 Submitted (ECF) Answering Brief for review. Submitted by Appellees Joseph Balash, David Bernhardt and BLM in 20-16157, Appellees David Bernhardt, BLM and USDOI in 20-16158. Date of service: 12/21/2020. [11935273] [20-16157, 20-16158] (Bernie, Andrew) [Entered: 12/21/2020 02:22 PM] |
| Filing 42 Filed (ECF) notice of appearance of James M. Auslander (Beveridge & Diamond, P.C, 1900 N Street, NW, Suite 100, Washington, DC 20036) for Appellee American Petroleum Institute in 20-16157, 20-16158. Date of service: 12/21/2020. (Party was previously proceeding with counsel.) [11934338] [20-16157, 20-16158] (Auslander, James) [Entered: 12/21/2020 09:18 AM] |
| Filing 41 Terminated John David Gunter II for BLM, David Bernhardt and Joseph Balash in 20-16157 and USDOI, BLM and David Bernhardt in 20-16158 [11915929] [20-16157, 20-16158] (JFF) [Entered: 12/04/2020 05:09 PM] |
| Filing 40 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. John David Gunter, II for Appellees Joseph Balash, David Bernhardt and BLM in 20-16157, Attorney Mr. John David Gunter, II for Appellees David Bernhardt, BLM and USDOI in 20-16158. Party proceeding without counsel: No. Date of service: 12/04/2020. [11915878] [20-16157, 20-16158] (Gunter, John) [Entered: 12/04/2020 04:50 PM] |
| Filing 39 Received 3 paper copies of joint excerpts of record [ # 25 ] in 10 volume(s) filed by Appellants. [11890741] [20-16157, 20-16158] (LA) [Entered: 11/12/2020 02:22 PM] |
| Filing 38 Received correction to deficient excerpts of record [ # 25 ] from Appellants: consecutively paginated replacement copies with single-sided pages. [11890738] [20-16157, 20-16158] (LA) [Entered: 11/12/2020 02:21 PM] |
| Filing 37 Received 6 paper copies of Opening Brief [ # 24 ] filed by State of California. [11889655] [20-16157, 20-16158] (SD) [Entered: 11/12/2020 09:33 AM] |
| Filing 36 Streamlined request [35], [34] by Appellees American Petroleum Institute, Joseph Balash, David Bernhardt and BLM in 20-16157, Appellees American Petroleum Institute, David Bernhardt, BLM and USDOI in 20-16158 to extend time to file the brief is approved for all Appellees. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellees American Petroleum Institute, Joseph Balash, David Bernhardt, Bureau of Land Management, Independent Petroleum Association of America, State of Wyoming, Western Energy Alliance and U.S. Department of the Interior answering brief due 12/21/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11888670] [20-16157, 20-16158] (JN) [Entered: 11/10/2020 02:35 PM] |
| Filing 35 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee American Petroleum Institute in 20-16157, 20-16158. New requested due date is 12/18/2020. [11888641] [20-16157, 20-16158] (Sullivan, Timothy) [Entered: 11/10/2020 02:23 PM] |
| Filing 34 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Joseph Balash, David Bernhardt and BLM in 20-16157, Appellees David Bernhardt, BLM and USDOI in 20-16158. New requested due date is 12/18/2020. [11888557] [20-16157, 20-16158] (Bernie, Andrew) [Entered: 11/10/2020 01:54 PM] |
| Filing 33 Received 6 paper copies of Amicus Brief [ # 29 ] filed by Institute for Policy Integrity at New York University School of Law. [11882868] [20-16157, 20-16158] (SD) [Entered: 11/05/2020 10:36 AM] |
| Filing 31 Filed clerk order: The amicus brief [ # 29 ] submitted by Institute for Policy Integrity at New York University School of Law is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11875370] [20-16157, 20-16158] (KT) [Entered: 10/29/2020 09:52 AM] |
| Filing 30 Entered appearance of Amicus Curiae Institute for Policy Integrity at New York University School of Law. [11875365] [20-16157, 20-16158] (KT) [Entered: 10/29/2020 09:48 AM] |
| Filing 32 Received Appellants' 3 paper copies of joint excerpts of record [ # 25 ] in 10 volumes. Deficiency: paper copies are missing consecutive page numbers, excerpts of record pages are double-sided. Corrections required (see attached notice). [11876171] [20-16157, 20-16158] (LA) [Entered: 10/29/2020 03:13 PM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Institute for Policy Integrity at New York University School of Law. Date of service: 10/28/2020. [11875075] [20-16157, 20-16158] (Revesz, Richard) [Entered: 10/28/2020 06:56 PM] |
| Filing 28 Received 7 paper copies of Opening Brief [ # 23 ] filed by Sierra Club, et al. [11872890] [20-16157, 20-16158] (LMC) [Entered: 10/27/2020 11:11 AM] |
| Filing 27 Filed clerk order: The opening brief [ # 24 ] submitted by State of California is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 25 ] submitted by State of California are filed. Within 7 days of this order, filer is ordered to file 3 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. [11870810] [20-16157, 20-16158] (KT) [Entered: 10/23/2020 05:57 PM] |
| Filing 26 Filed clerk order: The opening brief [ # 23 ] submitted by Sierra Club, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 paper copies shall be submitted to the principal office of the Clerk. [11868555] [20-16157, 20-16158] (KT) [Entered: 10/22/2020 12:34 PM] |
| Filing 25 Submitted (ECF) excerpts of record. Submitted by Appellant State of California in 20-16157. Date of service: 10/21/2020. [11867865] [20-16157, 20-16158]--[COURT UPDATE: attached corrected PDF of excerpts of record. 10/23/2020 by KT] (Torgun, George) [Entered: 10/21/2020 06:02 PM] |
| Filing 24 Submitted (ECF) Opening Brief for review. Submitted by Appellant State of California in 20-16157. Date of service: 10/21/2020. [11867759] [20-16157, 20-16158] (Torgun, George) [Entered: 10/21/2020 04:46 PM] |
| Filing 23 Submitted (ECF) Opening Brief for review. Submitted by Appellants Sierra Club, Dine Citizens Against Ruining Our Environment, Fort Berthold Protectors of Water and Earth Rights, Center for Biological Diversity, Earthworks, Western Resource Advocates, The Wilderness Society and Southern Utah Wilderness Alliance in 20-16158. Date of service: 10/21/2020. [11867594] [20-16157, 20-16158] (Freeman, Michael) [Entered: 10/21/2020 03:44 PM] |
| Filing 22 Added Attorney(s) Travis Jordan for party(s) Appellee State of Wyoming. [11825857] [20-16157, 20-16158] (RL) [Entered: 09/16/2020 10:21 AM] |
| Filing 21 Filed (ECF) notice of appearance of Travis Steven Jordan (Wyoming Attorney General's Office, 2320 Capitol Ave., Cheyenne, WY 82002) for Appellee State of Wyoming in 20-16157, 20-16158. Date of service: 09/16/2020. (Party was previously proceeding with counsel.) [11825827] [20-16157, 20-16158] (Jordan, Travis) [Entered: 09/16/2020 10:13 AM] |
| Filing 20 Streamlined request [19] by Appellant State of California in 20-16157 to extend time to file the brief is approved for all Appellants. Amended briefing schedule: Appellants State of California, Center for Biological Diversity, Dine Citizens Against Ruining Our Environment, Earthworks, Fort Berthold Protectors of Water and Earth Rights, Sierra Club, Southern Utah Wilderness Alliance, The Wilderness Society and Western Resource Advocates opening briefs due 10/21/2020. Appellees American Petroleum Institute, Joseph Balash, David Bernhardt, Bureau of Land Management, Independent Petroleum Association of America, State of Wyoming, Western Energy Alliance and U.S. Department of the Interior consolidated answering brief due 11/20/2020. The optional reply briefs are due 21 days from the date of service of the answering brief. [11805274] [20-16157, 20-16158] (JN) [Entered: 08/27/2020 03:04 PM] |
| Filing 19 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant State of California in 20-16157. New requested due date is 10/21/2020. [11803670] [20-16157, 20-16158] (Clark, Shannon) [Entered: 08/26/2020 01:29 PM] |
| Filing 18 Added Attorney(s) Alexander K. Obrecht for party(s) Appellee Independent Petroleum Association of America Appellee Western Energy Alliance. [11791861] [20-16157, 20-16158] (RL) [Entered: 08/17/2020 02:46 PM] |
| Filing 17 Filed (ECF) notice of appearance of Alexander K. Obrecht (Baker & Hostetler LLP, 1801 California Street, Suite 4400, Denver, CO 80202) for Appellees Independent Petroleum Association of America and Western Energy Alliance in 20-16157, 20-16158. Date of service: 08/17/2020. (Party was previously proceeding with counsel.) [11791854] [20-16157, 20-16158] (Obrecht, Alexander) [Entered: 08/17/2020 02:44 PM] |
| Filing 16 Added Attorney(s) Mark Simeon Barron for party(s) Appellee Independent Petroleum Association of America Appellee Western Energy Alliance. [11791752] [20-16157, 20-16158] (RL) [Entered: 08/17/2020 02:11 PM] |
| Filing 15 Filed (ECF) notice of appearance of Mark Simeon Barron (Baker & Hostetler LLP, 1801 California Street, Suite 4400, Denver, CO 80202) for Appellees Independent Petroleum Association of America and Western Energy Alliance in 20-16157, 20-16158. Date of service: 08/17/2020. (Party was previously proceeding with counsel.) [11791737] [20-16157, 20-16158] (Barron, Mark) [Entered: 08/17/2020 02:07 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: LBS): The parties joint motion (Docket Entry No. [ # 11 ]) to consolidate is granted. Nos. 20-16157 and 20-16158 are consolidated. The opening briefs are due September 21, 2020. The consolidated answering briefs are due October 21, 2020. The optional reply briefs are due within 21 days after service of the last-served consolidated answering brief. [11790143] [20-16157, 20-16158] (OC) [Entered: 08/14/2020 04:19 PM] |
| Filing 13 Added Attorney(s) Peter Schaumberg for party(s) Appellee American Petroleum Institute. [11787568] (RL) [Entered: 08/13/2020 09:39 AM] |
| Filing 12 Filed (ECF) notice of appearance of Peter Joe Schaumberg (Beveridge & Diamond, P.C.1350 I St. N.W. Suite 700 Washington D.C. 20005) for Appellee American Petroleum Institute. Date of service: 08/13/2020. (Party was previously proceeding with counsel.) [11787472] [20-16157] (Schaumberg, Peter) [Entered: 08/13/2020 09:14 AM] |
| Filing 11 Filed (ECF) Appellees Joseph Balash, David Bernhardt and BLM Joint Motion to consolidate cases 20-16157, 20-16158. Date of service: 07/24/2020. [11765188] [20-16157] (Bernie, Andrew) [Entered: 07/24/2020 12:16 PM] |
| Filing 10 Added Attorney(s) Timothy Michael Sullivan for party(s) Appellee American Petroleum Institute. [11761578] (RL) [Entered: 07/22/2020 09:11 AM] |
| Filing 9 Filed (ECF) notice of appearance of Timothy M. Sullivan (Beveridge & Diamond, P.C., 201 N. Charles St., Suite 2210, Baltimore, MD 21201) for Appellee American Petroleum Institute. Date of service: 07/22/2020. (Party was previously proceeding with counsel.) [11761488] [20-16157] (Sullivan, Timothy) [Entered: 07/22/2020 08:39 AM] |
| Filing 8 Added Attorney(s) Andrew Marshall Bernie for party(s) Appellee BLM Appellee Joseph Balash Appellee David Bernhardt, in case 20-16157. [11756679] (JFF) [Entered: 07/17/2020 11:38 AM] |
| Filing 7 Filed (ECF) notice of appearance of Andrew Marshall Bernie (U.S. Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Appellees Joseph Balash, David Bernhardt and BLM. Date of service: 07/16/2020. (Party was previously proceeding with counsel.) [11755964] [20-16157] (Bernie, Andrew) [Entered: 07/16/2020 05:16 PM] |
| Filing 6 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11737007] [20-16157, 20-16158] (BLS) [Entered: 06/29/2020 03:50 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 06/19/2020. 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.[11727664]. [20-16157] (AD) [Entered: 06/19/2020 12:44 PM] |
| Filing 4 Filed (ECF) Appellant State of California Mediation Questionnaire. Date of service: 06/19/2020. [11727433] [20-16157] (Clark, Shannon) [Entered: 06/19/2020 10:49 AM] |
| Filing 3 Added Attorney(s) John David Gunter II for party(s) Appellee BLM Appellee Joseph Balash Appellee David Bernhardt. [11721586] (RL) [Entered: 06/15/2020 11:41 AM] |
| Filing 2 Filed (ECF) notice of appearance of John David Gunter II (United States Department of Justice, Environment and Natural Resources Division, PO Box 7415, Washington DC 20044) for Appellees Joseph Balash, David Bernhardt and BLM. Date of service: 06/15/2020. (Party was previously proceeding with counsel.) [11721545] [20-16157] (Gunter, John) [Entered: 06/15/2020 11:23 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant State of California Mediation Questionnaire due on 06/19/2020. Transcript ordered by 07/13/2020. Transcript due 08/11/2020. Appellant State of California opening brief due 09/21/2020. Appellees American Petroleum Institute, Joseph Balash, David Bernhardt, Bureau of Land Management, Independent Petroleum Association of America, State of Wyoming and Western Energy Alliance answering brief due 10/21/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11720417] (JBS) [Entered: 06/12/2020 02:07 PM] |
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