IEN, et al v. Donald Trump, et al
| TODD T. SEMONITE, Commanding General and Chief of Engineers, BUREAU OF LAND MANAGEMENT, MARGARET EVERSON, in her capacity as Acting Director of the U.S. Fish and Wildlife Service, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF STATE, MICHAEL POMPEO, in his official capacity as U.S. Secretary of State, DONALD J. TRUMP, President, UNITED STATES FISH AND WILDLIFE SERVICE, a federal agency and DAVID BERNHARDT, in his official capacity as Acting U.S. Secretary of the Interior |
| TRANSCANADA KEYSTONE PIPELINE, LP and TC ENERGY CORPORATION |
| INDIGENOUS ENVIRONMENTAL NETWORK and NORTH COAST RIVERS ALLIANCE |
| 20-36068 |
| December 14, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 18 Filed (ECF) Appellees TransCanada Keystone Pipeline, LP and TC Energy Corporation reply to response (motion to extend time to file brief). Date of service: 02/04/2021. [11993126] [20-36068] (Guerra, Joseph) [Entered: 02/04/2021 02:24 PM] |
| Filing 17 Filed (ECF) Appellants Indigenous Environmental Network and North Coast Rivers Alliance response opposing motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing)). Date of service: 02/03/2021. [11992012] [20-36068] (Volker, Stephan) [Entered: 02/03/2021 05:02 PM] |
| Filing 16 Filed (ECF) Appellees TC Energy Corporation and TransCanada Keystone Pipeline, LP Motion to extend time to file Answering brief until 03/08/2021. Date of service: 01/29/2021. [11986603] [20-36068] (Guerra, Joseph) [Entered: 01/29/2021 03:37 PM] |
| Filing 15 Filed (ECF) Appellees BLM, DOS, United States Army Corps of Engineers and USFWS Motion to extend time to file Answering brief until 03/08/2021. Date of service: 01/29/2021. [11986144] [20-36068] (Heminger, Justin) [Entered: 01/29/2021 12:36 PM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 11 ] in 6 volume(s) and index volume filed by Appellants Indigenous Environmental Network and North Coast Rivers Alliance. [11962414] (LA) [Entered: 01/13/2021 01:27 PM] |
| Filing 13 Received 6 paper copies of Opening Brief [ # 10 ] filed by Indigenous Environmental Network and North Coast Rivers Alliance. [11962264] (SD) [Entered: 01/13/2021 12:01 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by Indigenous Environmental Network and North Coast Rivers 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: blue. The excerpts of record [ # 11 ] submitted by Indigenous Environmental Network and North Coast Rivers 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. [11958459] (KT) [Entered: 01/11/2021 09:59 AM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants Indigenous Environmental Network and North Coast Rivers Alliance. Date of service: 01/08/2021. [11958008] [20-36068] (Volker, Stephan) [Entered: 01/08/2021 11:10 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Indigenous Environmental Network and North Coast Rivers Alliance. Date of service: 01/08/2021. [11958007] [20-36068] (Volker, Stephan) [Entered: 01/08/2021 11:04 PM] |
| Filing 9 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. The briefing schedule previously established by the court remains in effect. [11933042] (LW) [Entered: 12/18/2020 01:10 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 12/17/2020. 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.[11932278]. [20-36068] (AD) [Entered: 12/17/2020 06:44 PM] |
| Filing 7 Added Attorney(s) Justin Heminger for party(s) Appellee Todd T. Semonite, Appellee Michael Pompeo, Appellee USFWS, Appellee BLM, Appellee Margaret Everson, Appellee United States Army Corps of Engineers, Appellee Donald J. Trump, Appellee David Bernhardt and Appellee DOS, in case 20-36068. [11931512] (QDL) [Entered: 12/17/2020 01:27 PM] |
| Filing 6 Filed (ECF) Appellees TC Energy Corporation and TransCanada Keystone Pipeline, LP Mediation Questionnaire. Date of service: 12/17/2020. [11931468] [20-36068] (Guerra, Joseph) [Entered: 12/17/2020 01:10 PM] |
| Filing 5 Filed (ECF) notice of appearance of Justin D. Heminger (U.S. Department of Justice, Environment and Natural Resources Division, Appellate Section, P.O. Box 7415, Washington, D.C. 20044) for Appellees David Bernhardt, BLM, DOS, Margaret Everson, Michael Pompeo, Todd T. Semonite, Donald J. Trump, United States Army Corps of Engineers and USFWS. Date of service: 12/17/2020. (Party was previously proceeding with counsel.) [11931444] [20-36068] (Heminger, Justin) [Entered: 12/17/2020 12:56 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 12/14/2020. 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.[11927354]. [20-36068] (AD) [Entered: 12/14/2020 06:44 PM] |
| Filing 3 Filed (ECF) Appellants Indigenous Environmental Network and North Coast Rivers Alliance Mediation Questionnaire. Date of service: 12/14/2020. [11927331] [20-36068] (Volker, Stephan) [Entered: 12/14/2020 06:26 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed December 11, 2020, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 8, 2021; the answering brief is due February 5, 2021, or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11926848] (JBS) [Entered: 12/14/2020 03:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11925825] (JBS) [Entered: 12/14/2020 10:12 AM] |
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