Neighbors for Environmental, et al v. USEPA, et al
| NEIGHBORS FOR ENVIRONMENTAL JUSTICE, NATURAL RESOURCES DEFENSE COUNCIL, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, NEW JERSEY WORK ENVIRONMENT COUNCIL and SIERRA CLUB |
| ANDREW WHEELER, Administrator, United States Environmental Protection Agency, U.S. ENVIRONMENTAL PROTECTION AGENCY and MICHAEL REGAN, Administrator, United States Environmental Protection Agency |
| AMERICAN CHEMISTRY COUNCIL, HALOGENATED SOLVENTS INDUSTRY ALLIANCE, INC and N-METHYLPYRROLIDONE PRODUCERS GROUP, INC |
| ENVIRONMENTAL DEFENSE FUND |
| 20-72091 |
| July 16, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 96 Filed (ECF) Respondents Michael Regan and USEPA in 20-72091, Respondent Michael Regan in 20-73276 status report (as required by Court order dated 07/14/2021). Date of service: 10/11/2022 [12560077] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 10/11/2022 01:47 PM] |
| Filing 95 Filed (ECF) Respondents Michael Regan and USEPA in 20-72091, Respondent Michael Regan in 20-73276 status report (as required by Court order dated 07/14/2021). Date of service: 07/11/2022 [12490325] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 07/11/2022 09:46 AM] |
| Filing 94 Filed (ECF) Respondents Michael Regan and USEPA in 20-72091, Respondent Michael Regan in 20-73276 status report (as required by Court order dated 07/14/2021). Date of service: 04/11/2022 [12416705] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 04/11/2022 05:08 AM] |
| Filing 93 Attorney Loren L. AliKhan in 20-73276 substituted by Attorney Caroline S. Van Zile in 20-73276 [12363915] [20-72091, 20-73276] (NAC) [Entered: 02/08/2022 11:33 AM] |
| Filing 92 Filed (ECF) notice of appearance of Caroline S. Van Zile (D.C. Office of the Attorney General 400 6th St. NW Washington, DC 20001) for Petitioner District of Columbia in 20-73276. Substitution for Attorney Ms. Loren L. AliKhan for Petitioner District of Columbia in 20-73276. Date of service: 02/08/2022. (Party was previously proceeding with counsel.) [12363832] [20-73276, 20-72091] (Van Zile, Caroline) [Entered: 02/08/2022 11:10 AM] |
| Filing 91 Filed (ECF) Respondents Michael Regan and USEPA in 20-72091, Respondent Michael Regan in 20-73276 status report (as required by Court order dated 07/14/2021). Date of service: 01/10/2022 [12336037] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 01/10/2022 02:03 PM] |
| Filing 90 Filed (ECF) Respondents Michael Regan and USEPA in 20-72091, Respondent Michael Regan in 20-73276 status report (as required by Court order dated 07/14/2021). Date of service: 10/12/2021 [12254787] [20-72091, 20-73276] (O'Donnell, Jessica) [Entered: 10/12/2021 05:15 PM] |
| Filing 89 Added Attorney Jessica O'Donnell for Respondents USEPA and Michael Regan, in cases 20-72091 and 20-73276. [12254543] [20-72091, 20-73276] (HH) [Entered: 10/12/2021 03:43 PM] |
| Filing 88 Filed (ECF) notice of appearance of Jessica O'Donnell (U.S. Department of Justice, 150 M St. NE, Washington, DC 20002, P.O. Box 7611, Washington DC, 20044) for Respondents Michael Regan and USEPA in 20-72091, Respondent Michael Regan in 20-73276. Date of service: 10/12/2021. (Party was previously proceeding with counsel.) [12254523] [20-72091, 20-73276] (O'Donnell, Jessica) [Entered: 10/12/2021 03:38 PM] |
| Filing 87 Added Attorney(s) Thomas Zimpleman for party(s) Petitioner NRDC Petitioner Neighbors for Environmental Justice, in case 20-72091. [12210068] [20-72091, 20-73276] (NAC) [Entered: 08/24/2021 01:13 PM] |
| Filing 86 Filed (ECF) notice of appearance of Thomas David Zimpleman (Natural Resources Defense Council 1152 15th St. NW, Suite 300 Washington, DC 20005) for Petitioners Neighbors for Environmental Justice and NRDC in 20-72091. Date of service: 08/24/2021. (Party was previously proceeding with counsel.) [12209969] [20-72091, 20-73276] (Zimpleman, Thomas) [Entered: 08/24/2021 12:02 PM] |
| Filing 85 Terminated attorney Robert M. Gustafson for petitioners Neighbors for Environmental Justice and NRDC. [12207691] [20-72091, 20-73276] (HH) [Entered: 08/20/2021 03:38 PM] |
| Filing 84 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Robert M. Gustafson for Petitioners NRDC and Neighbors for Environmental Justice in 20-72091. Party proceeding without counsel: No. Date of service: 08/20/2021. [12207399] [20-72091, 20-73276] (Gustafson, Robert) [Entered: 08/20/2021 01:40 PM] |
| Filing 83 Terminated Caroline Anais Olsen for State of New York in 20-73276 [12191880] [20-72091, 20-73276] (NAC) [Entered: 08/04/2021 01:10 PM] |
| Filing 82 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Caroline Anais Olsen for Petitioner State of New York in 20-73276. Party proceeding without counsel: No. Date of service: 08/04/2021. [12191877] [20-73276, 20-72091] (Olsen, Caroline) [Entered: 08/04/2021 01:08 PM] |
| Filing 81 Filed clerk order: The amicus brief [ # 77 ] submitted by EDF is filed. No paper copies are required. [12172785] [20-72091, 20-73276] (SML) [Entered: 07/14/2021 03:46 PM] |
| Filing 80 Filed order (JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN and LAWRENCE VANDYKE) : These consolidated petitions challenge EPAs final risk evaluation for methylene chloride, specifically the agencys determinations that certain conditions of use of methylene chloride do not present an unreasonable risk of injury to health or the environment. Respondents move for voluntary remand to allow EPA to reconsider these determinations and request that remand be without vacatur of the challenged determinations (Docket Entry No. [ # 69 ] in No. 20-72091). The motion by Environmental Defense Fund (Docket Entry No. [ # 77 ] in No. 20-72091) for leave to file an amicus brief in opposition to respondents motion for voluntary remand is granted. The Clerk will file the amicus brief at Docket Entry No. [ # 77 ]. Respondents request for voluntary remand without vacatur to permit EPA to conduct reconsideration proceedings (Docket Entry No. [ # 69 ] in No. 20-72091) is granted. This matter is remanded to the EPA for the limited purpose of permitting the agency to reconsider the challenged no-unreasonable-risk determinations. Proceedings in these consolidated petitions will be held in abeyance pending completion of EPAs reconsideration proceedings or further order of the court. Within 90 days after the date of this order, and every 90 days thereafter, EPA shall file a report on the status of the reconsideration proceedings. [12172640] [20-72091, 20-73276] (RT) [Entered: 07/14/2021 02:44 PM] |
| Filing 79 Filed (ECF) Respondents Michael Regan and USEPA in 20-72091, Respondent Michael Regan in 20-73276 reply to response (). Date of service: 06/18/2021. [12148190] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 06/18/2021 03:20 PM] |
| Filing 78 Entered appearance of Amicus Curiae - Pending EDF. [12138048] [20-72091, 20-73276] (SML) [Entered: 06/08/2021 04:15 PM] |
| Filing 77 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Environmental Defense Fund. Date of service: 06/08/2021. [12137687] [20-72091, 20-73276] (Zinn, Matthew) [Entered: 06/08/2021 02:04 PM] |
| Filing 76 Filed (ECF) Petitioner State of New York in 20-73276 response to motion ([ # 69 ] Motion (ECF Filing), [ # 69 ] Motion (ECF Filing)). Date of service: 06/01/2021. [12130347] [20-73276, 20-72091] (Olsen, Caroline) [Entered: 06/01/2021 05:11 PM] |
| Filing 75 Filed (ECF) Petitioners Neighbors for Environmental Justice and NRDC in 20-72091 response opposing motion ([ # 69 ] Motion (ECF Filing), [ # 69 ] Motion (ECF Filing)). Date of service: 06/01/2021. [12130166] [20-72091, 20-73276] (Kyle, Selena) [Entered: 06/01/2021 04:15 PM] |
| Filing 74 Attorney Gregory Schultz in 20-73276 substituted by Attorney Alison B. Hoffman in 20-73276 [12120682] [20-72091, 20-73276] (NAC) [Entered: 05/21/2021 10:02 AM] |
| Filing 73 Filed (ECF) notice of appearance of Alison B. Hoffman (Rhode Island Office of the Attorney General, 150 South Main Street, Providence, RI 02903) for Petitioner State of Rhode Island in 20-73276. Substitution for Attorney Gregory Schultz for Petitioner State of Rhode Island in 20-73276. Date of service: 05/21/2021. (Party was previously proceeding with counsel.) [12120676] [20-73276, 20-72091] (Hoffman, Alison) [Entered: 05/21/2021 10:00 AM] |
| Filing 72 Filed clerk order (Deputy Clerk: LCC): Petitioners motion to extend the time to file a response to the motion to remand (Docket Entry No. [ # 70 ] in No. 20-72091) is granted. Petitioners response to the motion to remand is due June 1, 2021. Respondents reply in support of the motion is due June 18, 2021. The briefing schedule is stayed pending resolution of the motion to remand. See 9th Cir. R. 27-11. [12119483] [20-72091, 20-73276] (RT) [Entered: 05/20/2021 11:12 AM] |
| Filing 71 Respondent Andrew Wheeler in 20-72091 and Respondent Andrew Wheeler in 20-73276 substituted by Respondent Michael Regan in 20-72091 and Respondent Michael Regan in 20-73276 [12119406] [20-72091, 20-73276] (SLM) [Entered: 05/20/2021 10:47 AM] |
| Filing 70 Filed (ECF) Petitioners Neighbors for Environmental Justice and NRDC in 20-72091 Urgent Motion to extend time to file a response until 06/01/2021. Date of service: 05/17/2021. [12115929] [20-72091, 20-73276] (Gustafson, Robert) [Entered: 05/17/2021 06:11 PM] |
| Filing 69 Filed (ECF) Respondent Andrew Wheeler in 20-73276, Respondents USEPA and Andrew Wheeler in 20-72091 Motion to remand case. Date of service: 05/13/2021. [12112659] [20-73276, 20-72091] (Buckley, Sarah) [Entered: 05/13/2021 05:17 PM] |
| Filing 68 Filed clerk order (Deputy Clerk: LCC ): The unopposed motion for leave to file an overlength response (Docket Entry No. [ # 62 ] in No. 20-72091) is granted. The response has been filed. The motion to complete and supplement the administrative record (Docket Entry No. [ # 41 ] in No. 20-72091), and any related filings in support of or opposition to the motion, are referred to the panel assigned to decide the merits of these consolidated petitions. Respondents motion to extend the time to file the consolidated answering brief (Docket Entry No. [ # 64 ] in No. 20-72091) is granted. The consolidated answering brief is due May 26, 2021. The respondent-intervenors briefs are due June 9, 2021. The optional reply briefs are due July 26, 2021. [12083680] [20-72091, 20-73276] (RT) [Entered: 04/22/2021 12:59 PM] |
| Filing 67 Filed (ECF) Respondents USEPA and Andrew Wheeler in 20-72091, Respondent Andrew Wheeler in 20-73276 citation of supplemental authorities. Date of service: 04/05/2021. [12064306] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 04/05/2021 05:37 PM] |
| Filing 66 Attorney Shiva Prakash substituted by Attorney Hilary Meltzer in 20-73276. [12057107] [20-72091, 20-73276] (HH) [Entered: 03/29/2021 04:02 PM] |
| Filing 65 Filed (ECF) notice of appearance of Hilary Meltzer (New York City Law Department, 100 Church Street, New York, NY 10007) for Petitioner City of New York in 20-73276. Substitution for Attorney Shiva Prakash for Petitioner City of New York in 20-73276. Date of service: 03/29/2021. (Party was previously proceeding with counsel.) [12057031] [20-73276, 20-72091] (Meltzer, Hilary) [Entered: 03/29/2021 03:39 PM] |
| Filing 64 Filed (ECF) Respondents USEPA and Andrew Wheeler in 20-72091, Respondent Andrew Wheeler in 20-73276 Motion to extend time to file Answering brief until 05/26/2021. Date of service: 03/29/2021. [12056686] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 03/29/2021 01:46 PM] |
| Filing 63 Filed (ECF) Petitioners Neighbors for Environmental Justice, New Jersey Work Environment Council, NRDC, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC in 20-72091 citation of supplemental authorities. Date of service: 03/10/2021. [12031558] [20-72091, 20-73276] (Gustafson, Robert) [Entered: 03/10/2021 06:24 PM] |
| Filing 62 Filed (ECF) Respondents USEPA and Andrew Wheeler in 20-72091, Respondent Andrew Wheeler in 20-73276 Motion for miscellaneous relief [motion for leave to file overlength response to motion]. Date of service: 03/09/2021. [12029546] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 03/09/2021 01:38 PM] |
| Filing 61 Filed (ECF) Petitioners Neighbors for Environmental Justice, New Jersey Work Environment Council, NRDC, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC in 20-72091 reply to response (). Date of service: 03/03/2021. [12022736] [20-72091, 20-73276] (Kalmuss-Katz, Jonathan) [Entered: 03/03/2021 11:00 AM] |
| Filing 60 Filed (ECF) Petitioners Neighbors for Environmental Justice, New Jersey Work Environment Council, NRDC, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC in 20-72091 reply to response (). Date of service: 03/03/2021. [12022719] [20-72091, 20-73276] (Kalmuss-Katz, Jonathan) [Entered: 03/03/2021 10:54 AM] |
| Filing 59 Filed (ECF) Respondents USEPA and Andrew Wheeler in 20-72091, Respondent Andrew Wheeler in 20-73276 response to motion ([ # 41 ] Motion (ECF Filing), [ # 41 ] Motion (ECF Filing)). Date of service: 02/24/2021. [12015405] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 02/24/2021 01:49 PM] |
| Filing 58 Received 3 paper copies of excerpts of record [ # 43 ] in 4 volume(s) and index volume filed by Petitioners State of New York, et al. [12006513] [20-72091, 20-73276] (LA) [Entered: 02/17/2021 11:52 AM] |
| Filing 57 Received correction to deficient excerpts of record [ # 43 ] from Petitioners State of New York, et al.: replacement copies of Volume 3 with legible pages. [12006495] [20-72091, 20-73276] (LA) [Entered: 02/17/2021 11:46 AM] |
| Filing 56 Received 3 paper copies of excerpts of record [ # 40 ] in 2 volume(s) and index volume filed by Petitioners NRDC, et al. [11999550] [20-72091, 20-73276] (LA) [Entered: 02/10/2021 02:19 PM] |
| Filing 55 Received correction to deficient excerpts of record [ # 40 ] from Petitioners NRDC, et al.: properly bound replacement copies. [11999548] [20-72091, 20-73276] (LA) [Entered: 02/10/2021 02:19 PM] |
| Filing 54 Attorney Peter J. Farrell in 20-73276 substituted by Attorney Peter Surdo in 20-73276 [11997627] [20-72091, 20-73276] (NAC) [Entered: 02/09/2021 11:40 AM] |
| Filing 53 Filed (ECF) notice of appearance of Peter N. Surdo (Office of the Minnesota Attorney General, 445 Minnesota St. Suite 1400, St. Paul MN 55101) for Petitioner State of Minnesota in 20-73276. Substitution for Attorney Peter J. Farrell, Esquire for Petitioner State of Minnesota in 20-73276. Date of service: 02/09/2021. (Party was previously proceeding with counsel.) [11997620] [20-73276, 20-72091] (Surdo, Peter) [Entered: 02/09/2021 11:39 AM] |
| Filing 52 Received 6 paper copies of Opening Brief [ # 42 ] filed by State of New York, et al. [11993223] [20-72091, 20-73276] (SD) [Entered: 02/04/2021 02:52 PM] |
| Filing 51 Received Petitioners State of New York, et al. 3 paper copies of excerpts of record [ # 43 ] in 4 volume(s) and index volume. Deficiency: many of Volume 3's pages are cut off (landscape oriented pages in Vol 3 are printed in portrait orientation, cutting off much text). Corrections required (see attached notice). [11992785] [20-72091, 20-73276] (LA) [Entered: 02/04/2021 12:12 PM] |
| Filing 50 Filed clerk order (Deputy Clerk: SSR): Respondents unopposed motion (Docket Entry No. [ # 47 ]) for an extension of time to file a response to petitioners motion to complete and supplement the administrative record is granted. Any response is due on or before February 25, 2021. The consolidated answering brief remains due April 26, 2021. The respondent-intervenors briefs are due May 10, 2021. The optional reply briefs are due June 24, 2021. [11992288] [20-72091, 20-73276] (RY) [Entered: 02/04/2021 08:46 AM] |
| Filing 49 Received 6 paper copies of Opening Brief [ # 39 ] filed by NRDC, et al. [11991977] [20-72091, 20-73276] (SD) [Entered: 02/03/2021 04:47 PM] |
| Filing 48 Received Petitioners NRDC, et al. 3 paper copies of excerpts of record [ # 40 ] in 2 volumes and index volume (all volumes bound together). Deficiency: multiple volumes bound together. Corrections required (see attached notice). [11991556] [20-72091, 20-73276] (LA) [Entered: 02/03/2021 02:13 PM] |
| Filing 47 Filed (ECF) Respondents USEPA and Andrew Wheeler in 20-72091, Respondent Andrew Wheeler in 20-73276 Unopposed Motion to extend time to file a response until 02/01/2021. Date of service: 02/01/2021. [11988286] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 02/01/2021 01:52 PM] |
| Filing 46 Filed clerk order: The opening brief [ # 42 ] submitted by State of New York; 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 excerpts of record [ # 43 ] submitted by State of New York; 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. [11984815] [20-72091, 20-73276] (SML) [Entered: 01/28/2021 01:15 PM] |
| Filing 45 Terminated James Edward Johnson for City of New York for failure to register for Appellate ECF. [11983484] [20-72091, 20-73276] (SML) [Entered: 01/27/2021 02:21 PM] |
| Filing 44 ENTRY UPDATED: Filed clerk order: The opening brief [ # 39 ] submitted by NRDC; et al., is filed. The declarations attached to the brief are lodged for such consideration as the merits panel deems appropriate. 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 [ # 40 ] submitted by NRDC; 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. [11983456] [20-72091, 20-73276]--[Edited 01/27/2021 by SML to attach corrected order.] (SML) [Entered: 01/27/2021 02:13 PM] |
| Filing 43 Submitted (ECF) excerpts of record. Submitted by Petitioners State of New York, City of New York, Commonwealth of Massachusetts, District of Columbia, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of New Jersey, State of Oregon, State of Rhode Island and State of Vermont in 20-73276. Date of service: 01/25/2021. [11980882] [20-73276, 20-72091]--[COURT UPDATE: Updated entry to reflect all filers of the excerpts. 01/28/2021 by SML] (Kam, Sarah) [Entered: 01/25/2021 08:02 PM] |
| Filing 42 Submitted (ECF) Opening Brief for review. Submitted by Petitioners State of New York, City of New York, Commonwealth of Massachusetts, District of Columbia, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of New Jersey, State of Oregon, State of Rhode Island and State of Vermont in 20-73276. Date of service: 01/25/2021. [11980881] [20-73276, 20-72091]--[COURT UPDATE: Updated entry to reflect all filers of the brief. 01/28/2021 by SML] (Kam, Sarah) [Entered: 01/25/2021 07:57 PM] |
| Filing 41 Filed (ECF) Petitioners New Jersey Work Environment Council and Sierra Club in 20-72091 Motion for miscellaneous relief [motion to complete and supplement the administrative record]. Date of service: 01/25/2021. [11980573] [20-72091, 20-73276]--[COURT UPDATE: Updated docket text to reflect content of filing. 01/25/2021 by SLM] (Kalmuss-Katz, Jonathan) [Entered: 01/25/2021 04:11 PM] |
| Filing 40 Submitted (ECF) excerpts of record. Submitted by Petitioners Natural Resources Defense Council, Neighbors for Environmental Justice, New Jersey Work Environment Council, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC in 20-72091. Date of service: 01/25/2021. [11980475] [20-72091, 20-73276]--[COURT UPDATE: Updated entry to reflect all filers of the excerpts. 01/27/2021 by SML] (Kyle, Selena) [Entered: 01/25/2021 03:40 PM] |
| Filing 39 Submitted (ECF) Opening Brief for review. Submitted by Petitioners Natural Resources Defense Council, Neighbors for Environmental Justice, New Jersey Work Environment Council, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC in 20-72091. Date of service: 01/25/2021. [11980452] [20-72091, 20-73276]--[COURT UPDATE: Attached searchable PDF of the petitioner addendum and updated entry to reflect all filers of the brief. 01/27/2021 by SML] (Kyle, Selena) [Entered: 01/25/2021 03:35 PM] |
| Filing 38 Attorney Hilary M. Meltzer in 20-73276 substituted by Attorney Shiva Prakash in 20-73276 [11978059] [20-72091, 20-73276] (NAC) [Entered: 01/22/2021 01:05 PM] |
| Filing 37 Filed (ECF) notice of appearance of Shiva Ratnam Prakash (New York City Law Department, 100 Church Street, New York NY 10007) for Petitioner City of New York in 20-73276. Substitution for Attorney Hilary M. Meltzer, Esquire for Petitioner City of New York in 20-73276. Date of service: 01/22/2021. (Party was previously proceeding with counsel.) [11977982] [20-73276, 20-72091] (Prakash, Shiva) [Entered: 01/22/2021 12:14 PM] |
| Filing 36 Attorney Samara M. Spence in 20-72091 and in 20-73276 substituted by Attorney Sarah A. Buckley in 20-72091 and in 20-73276 [11974283] [20-72091, 20-73276] (NAC) [Entered: 01/21/2021 08:33 AM] |
| Filing 35 Filed (ECF) notice of appearance of Sarah A. Buckley (U.S. Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Washington, D.C. 20044) for Respondents USEPA and Andrew Wheeler in 20-72091, Respondent Andrew Wheeler in 20-73276. Substitution for Attorney Samara M. Spence for Respondents USEPA and Andrew Wheeler in 20-72091, Attorney Samara M. Spence for Respondent Andrew Wheeler in 20-73276. Date of service: 01/21/2021. (Party was previously proceeding with counsel.) [11974276] [20-72091, 20-73276] (Buckley, Sarah) [Entered: 01/21/2021 08:24 AM] |
| Filing 34 Added Attorney(s) Caroline Anais Olsen for party(s) Petitioner State of New York, in case 20-73276. [11958436] [20-72091, 20-73276] (NAC) [Entered: 01/11/2021 09:52 AM] |
| Filing 33 Filed (ECF) notice of appearance of Caroline A. Olsen (Office of the New York State Attorney General, 28 Liberty Street, New York, NY 10005) for Petitioner State of New York in 20-73276. Date of service: 01/11/2021. (Party was previously proceeding with counsel.) [11958379] [20-73276, 20-72091] (Olsen, Caroline) [Entered: 01/11/2021 09:30 AM] |
| Filing 32 Terminated Victoria Bogdan Tejeda for Neighbors for Environmental Justice, New Jersey Work Environment Council and Sierra Club in 20-72091 [11955378] [20-72091, 20-73276] (NAC) [Entered: 01/07/2021 09:50 AM] |
| Filing 31 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Victoria Bogdan Tejeda for Petitioners Neighbors for Environmental Justice, New Jersey Work Environment Council and Sierra Club. Party proceeding without counsel: No. Date of service: 01/07/2021. [11955350] [20-72091] (Tejeda, Victoria) [Entered: 01/07/2021 09:41 AM] |
| Filing 30 Filed clerk order (Deputy Clerk: SSR): The unopposed motion (Docket Entry No. [ # 29 ] ) to consolidate is granted. Nos. 20-72091 and 20-73276 are consolidated. The request (included in Docket Entry No. [ # 29 ] ) to treat the certified indices to the administrative record as applying to both cases is granted. The unopposed request (included in Docket Entry No. [ # 29 ]) to reset the briefing schedule is granted. The opening briefs are due January 25, 2021. The consolidated answering brief is due April 26, 2021. The respondent-intervenors briefs are due May 10, 2021. The optional reply briefs are due June 24, 2021. In light of the complexity of the briefing schedule, no streamlined extensions of time to file briefs will be approved. Any written motions for extensions of time to file briefs under Ninth Circuit Rule 31-2.2(b) must include a proposed briefing schedule and state whether any separately represented party objects. [11905873] [20-72091, 20-73276] (RT) [Entered: 11/24/2020 05:35 PM] |
| Filing 29 Filed (ECF) Respondents USEPA and Andrew Wheeler Unopposed Motion to consolidate cases 20-73276, Motion to extend time to file Opening brief until 01/25/2021. Date of service: 11/19/2020. [11898677] [20-72091] (Spence, Samara) [Entered: 11/19/2020 07:17 AM] |
| Filing 28 Filed (ECF) Respondents USEPA and Andrew Wheeler agency certified list. Date of service: 11/02/2020 [11878574] [20-72091] (Spence, Samara) [Entered: 11/02/2020 10:41 AM] |
| Filing 27 Filed order (DIARMUID F. O'SCANNLAIN and MORGAN B. CHRISTEN) The motions of Halogenated Solvents Industry Alliance, Inc., American Chemistry Council, and N-Methylpyrrolidone Producers Group, Inc., to intervene on the side of respondents (Docket Entry Nos. [ # 10 ] , [ # 12 ] , & [ # 14 ] ) are granted. Petitioners request that intervenors be ordered to file a single consolidated brief, or that their briefs be subject to page limitations, (contained in Docket Entry No. [ # 17 ] ) is denied. Petitioners unopposed motion to extend the briefing deadlines (Docket Entry No. [ # 26 ] ) is granted. The opening brief is due December 7, 2020. The answering brief is due March 5, 2021. Respondent-intervenors briefs are due March 19, 2021. The optional reply brief(s) are due April 19, 2021. [11830795] (RT) [Entered: 09/21/2020 12:14 PM] |
| Filing 26 Filed (ECF) Petitioners Neighbors for Environmental Justice and NRDC Unopposed Motion to extend time to file Opening brief until 12/07/2020. Date of service: 09/04/2020. [11814144] [20-72091] (Kyle, Selena) [Entered: 09/04/2020 03:32 PM] |
| Filing 25 Filed (ECF) Intervenor - Pending N-Methylpyrrolidone Producers Group, Inc reply to response (). Date of service: 09/01/2020. [11810133] [20-72091] (Garson, Kelly) [Entered: 09/01/2020 05:33 PM] |
| Filing 24 Filed (ECF) Intervenor - Pending Halogenated Solvents Industry Alliance, Inc reply to response (). Date of service: 09/01/2020. [11809749] [20-72091] (Bradley, Keith) [Entered: 09/01/2020 02:45 PM] |
| Filing 23 Filed (ECF) Intervenor - Pending American Chemistry Council reply to response (). Date of service: 09/01/2020. [11809499] [20-72091] (Szmuszkovicz, Kathryn) [Entered: 09/01/2020 01:03 PM] |
| Filing 22 Added Attorney(s) Robert M. Gustafson for party(s) Petitioner NRDC Petitioner Neighbors for Environmental Justice, in case 20-72091. [11808014] (NAC) [Entered: 08/31/2020 02:14 PM] |
| Filing 21 Filed (ECF) notice of appearance of Robert Matthew Gustafson (Natural Resources Defense Council, 40 W 20th Street 11th Floor, New York, NY 10011) for Petitioners NRDC and Neighbors for Environmental Justice. Date of service: 08/31/2020. (Party was previously proceeding with counsel.) [11808001] [20-72091] (Gustafson, Robert) [Entered: 08/31/2020 02:10 PM] |
| Filing 20 Added Attorney(s) Victoria Bogdan Tejeda for party(s) Petitioner New Jersey Work Environment Council Petitioner Neighbors for Environmental Justice Petitioner Sierra Club, in case 20-72091. [11803623] (NAC) [Entered: 08/26/2020 01:06 PM] |
| Filing 19 Filed (ECF) notice of appearance of Victoria Anne Bogdan Tejeda (Earthjustice 48 Wall Street, 19th Floor New York, NY 10005) for Petitioners Neighbors for Environmental Justice, New Jersey Work Environment Council and Sierra Club. Date of service: 08/26/2020. (Party was previously proceeding with counsel.) [11803604] [20-72091] (Tejeda, Victoria) [Entered: 08/26/2020 12:56 PM] |
| Filing 18 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. [11803262] (BLS) [Entered: 08/26/2020 10:34 AM] |
| Filing 17 Filed (ECF) Petitioners Neighbors for Environmental Justice and NRDC response to motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing) motion to intervene, [ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing) motion to intervene). Date of service: 08/25/2020. [11802720] [20-72091] (Kyle, Selena) [Entered: 08/25/2020 04:37 PM] |
| Filing 16 Filed (ECF) Respondents USEPA and Andrew Wheeler agency certified list. Date of service: 08/25/2020 [11802507] [20-72091] (Spence, Samara) [Entered: 08/25/2020 03:16 PM] |
| Filing 15 Entered appearance of Intervenor - Pending N-Methylpyrrolidone Producers Group, Inc. [11792533] (NAC) [Entered: 08/18/2020 07:35 AM] |
| Filing 14 Filed (ECF) N-Methylpyrrolidone Producers Group, Inc. Motion to intervene. Date of service: 08/17/2020. [11792435] [20-72091] (Garson, Kelly) [Entered: 08/17/2020 08:21 PM] |
| Filing 13 Entered appearance of Intervenor - Pending American Chemistry Council. [11791794] (NAC) [Entered: 08/17/2020 02:25 PM] |
| Filing 12 Filed (ECF) American Chemistry Council Motion to intervene. Date of service: 08/17/2020. [11791775] [20-72091] (Szmuszkovicz, Kathryn) [Entered: 08/17/2020 02:19 PM] |
| Filing 11 Entered appearance of Intervenor - Pending Halogenated Solvents Industry Alliance, Inc. [11773352] (NAC) [Entered: 07/31/2020 01:38 PM] |
| Filing 10 Filed (ECF) Halogenated Solvents Industry Alliance, Inc. Motion to intervene. Date of service: 07/31/2020. [11773349] [20-72091] (Bradley, Keith) [Entered: 07/31/2020 01:34 PM] |
| Filing 9 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Assessment Conference, 08/25/2020, 11:30 a.m. Pacific Time (originally scheduled on 08/05/2020). [11765728] (BLS) [Entered: 07/24/2020 04:02 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 08/05/2020, 12:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11763703] (BLS) [Entered: 07/23/2020 01:05 PM] |
| Filing 7 Attorney Jessica O'Donnell in 20-72091 substituted by Attorney Samara M. Spence in 20-72091 [11762249] (NAC) [Entered: 07/22/2020 02:08 PM] |
| Filing 6 Filed (ECF) notice of appearance of Samara Michelle Spence (U.S. Department of Justice Environment and Natural Resources Division P.O. Box 7611, Ben Franklin Station, Washington, DC 20044-7611) for Respondents USEPA and Andrew Wheeler. Substitution for Attorney Ms. Jessica O'Donnell for Respondents USEPA and Andrew Wheeler. Date of service: 07/22/2020. (Party was previously proceeding with counsel.) [11762246] [20-72091] (Spence, Samara) [Entered: 07/22/2020 02:06 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 07/22/2020. 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.[11761372]. [20-72091] (AD) [Entered: 07/22/2020 06:44 AM] |
| Filing 4 Filed (ECF) Petitioners Neighbors for Environmental Justice, New Jersey Work Environment Council, NRDC, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC Mediation Questionnaire. Date of service: 07/22/2020. [11761371] [20-72091] (Kyle, Selena) [Entered: 07/22/2020 06:36 AM] |
| Filing 3 Filed (ECF) Petitioners Neighbors for Environmental Justice and NRDC Correspondence: Amended Proof of Service. Date of service: 07/17/2020 [11756502] [20-72091] (Kyle, Selena) [Entered: 07/17/2020 10:35 AM] |
| Filing 2 Filed Petitioners NRDC, Neighbors for Environmental Justice, New Jersey Work Environment Council, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC Corporate Disclosure Statement. Served on 07/16/2020. [11755739] (JMR) [Entered: 07/16/2020 03:47 PM] |
| Filing 1 FILED PETITION FOR REVIEW. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED RESPONDENTS OF FILING. SEND MQ: Yes. Petitioners Natural Resources Defense Council, Neighbors for Environmental Justice, New Jersey Work Environment Council, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC Mediation Questionnaire due on 07/23/2020. Petitioner brief due 10/05/2020 for Natural Resources Defense Council, Neighbors for Environmental Justice, New Jersey Work Environment Council, Sierra Club and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. Respondent brief due 11/03/2020 for U.S. Environmental Protection Agency and Andrew Wheeler. Petitioner's optional reply brief is due 21 days after service of the answering brief. [11755729] (JMR) [Entered: 07/16/2020 03:44 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
