In re: American Rivers, et al v. American Petroleum Institute, et al
| ANDREW R. WHEELER and U.S. ENVIRONMENTAL PROTECTION AGENCY |
| In re: CLEAN WATER ACT RULEMAKING |
| AMERICAN RIVERS, AMERICAN WHITEWATER, CALIFORNIA TROUT, IDAHO RIVERS UNITED, COLUMBIA RIVERKEEPER, SIERRA CLUB, SUQUAMISH TRIBE, PYRAMID LAKE PAIUTE TRIBE, ORUTSARARMIUT NATIVE COUNCIL, STATE OF CALIFORNIA, STATE WATER RESOURCES CONTROL BOARD, STATE OF OREGON, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF MARYLAND, STATE OF RHODE ISLAND, STATE OF COLORADO, DISTRICT OF COLUMBIA, STATE OF NORTH CAROLINA, COMMONWEALTH OF VIRGINIA, STATE OF NEW MEXICO, STATE OF VERMONT, STATE OF MINNESOTA, STATE OF CONNECTICUT, STATE OF WASHINGTON, STATE OF MICHIGAN, COMMONWEALTH OF MASSACHUSETTS, STATE OF NEVADA, STATE OF WISCONSIN, STATE OF MAINE and STATE OF ILLINOIS |
| AMERICAN PETROLEUM INSTITUTE, INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA and NATIONAL HYDROPOWER ASSOCIATION |
| STATE OF ARKANSAS, STATE OF LOUISIANA, STATE OF MISSISSIPPI, STATE OF MISSOURI, STATE OF MONTANA, STATE OF WEST VIRGINIA, STATE OF WYOMING and STATE OF TEXAS |
| 21-16958 |
| November 22, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 IN RE: AMERICAN RIVERS, ET AL V. AMERICAN PETROLEUM INSTITUTE, ET AL
|
Docket Report
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This docket was last retrieved on January 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 Filed (ECF) Appellee State of Washington response non-opposing motion ([ # 27 ] Motion (ECF Filing), [ # 27 ] Motion (ECF Filing)). Date of service: 01/20/2022. [12346171] [21-16958] (Wood, Kelly) [Entered: 01/20/2022 02:08 PM] |
| Filing 33 Filed (ECF) Appellees USEPA and Andrew R. Wheeler Motion to dismiss for lack of jurisdiction. Date of service: 01/19/2022. [12344134] [21-16958] (Durkee, Ellen) [Entered: 01/19/2022 07:39 AM] |
| Filing 32 Filed (ECF) Appellees USEPA and Andrew R. Wheeler Motion to consolidate cases 21-16958, 21-16960, 21-16961. Date of service: 01/19/2022. [12344120] [21-16958] (Durkee, Ellen) [Entered: 01/19/2022 07:23 AM] |
| Filing 31 Filed (ECF) Appellants American Petroleum Institute and Interstate Natural Gas Association of America reply to response (). Date of service: 01/18/2022. [12344014] [21-16958] (Sibley, George) [Entered: 01/18/2022 06:15 PM] |
| Filing 30 Attorney Brian Caldwell substituted by Attorney Caroline S. Van Zile. [12342573] (RL) [Entered: 01/18/2022 09:38 AM] |
| Filing 29 Filed (ECF) notice of appearance of Caroline S. Van Zile (Office of the Attorney General for the District of Columbia 400 6th Street, NW, Suite 8100 Washington, D.C. 20001) for Appellee District of Columbia. Substitution for Attorney Brian Caldwell for Appellee District of Columbia. Date of service: 01/17/2022. (Party was previously proceeding with counsel.) [12342185] [21-16958] (Van Zile, Caroline) [Entered: 01/17/2022 09:18 AM] |
| Filing 28 Filed (ECF) Appellee State of Washington response to motion ([ # 20 ] Motion (ECF Filing), [ # 20 ] Motion (ECF Filing)). Date of service: 01/11/2022. [12338168] [21-16958] (Wood, Kelly) [Entered: 01/11/2022 05:52 PM] |
| Filing 27 Filed (ECF) Appellees Columbia Riverkeeper, Orutsararmiut Native Council, Pyramid Lake Paiute Tribe, Sierra Club and Suquamish Tribe Motion to dismiss for lack of jurisdiction. Date of service: 01/11/2022. [12337629] [21-16958] (Nasmith, Moneen) [Entered: 01/11/2022 01:46 PM] |
| Filing 26 Filed (ECF) Appellees USEPA and Andrew R. Wheeler response to motion ([ # 20 ] Motion (ECF Filing), [ # 20 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 01/11/2022. [12337404] [21-16958] (Durkee, Ellen) [Entered: 01/11/2022 11:49 AM] |
| Filing 25 Filed clerk order (Deputy Clerk: LAB): Appellees motions to extend time to file responses to the motion to stay the district courts October 21, 2021 order (Docket Entry Nos. [ # 21 ] and [ # 22 ]) are granted. The responses to the motion to stay the district courts October 21, 2021 order are due January 11, 2022. Any reply to the responses is due within 7 days after service of the response. [12322357] (OC) [Entered: 12/21/2021 04:25 PM] |
| Filing 24 Filed (ECF) Appellants American Petroleum Institute and Interstate Natural Gas Association of America response to motion ([ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing)). Date of service: 12/20/2021. [12321138] [21-16958] (Sibley, George) [Entered: 12/20/2021 04:19 PM] |
| Filing 23 Filed clerk order (Deputy Clerk: AC): Appellants in appeal Nos. 21-16958, 21-16960, and 21-16961 have filed motions to stay the district courts October 21, 2021 order vacating and remanding in the underlying actions. In appeal Nos. 21-16960 and 21-16961, appellees have filed motions for extensions of time until January 7, 2022 and January 11, 2022 to file responses to the stay motions. In both of those appeals, appellees represent that appellants may partially oppose the requests for extensions of time. Any responses to the motions for extension of time to respond to the stay motions in appeal Nos. 21-16960 and 21-16961 are due December 20, 2021. Any replies in support of those motions are due December 21, 2021. Additionally, if appellants in appeal No. 21-16958 oppose similar extensions of time to respond to the stay motion in that appeal, they should file a written statement explaining their objections no later than December 20, 2021. If appellants in appeal No. 21-16958 file such a statement, appellees may file responses no later than December 21, 2021. [12319754] [21-16958, 21-16961, 21-16960] (AF) [Entered: 12/17/2021 04:23 PM] |
| Filing 22 Filed (ECF) Appellees USEPA and Andrew R. Wheeler Motion to extend time to file opposition until 01/07/2022. Date of service: 12/17/2021. [12318680] [21-16958] (McArdle, Kevin) [Entered: 12/17/2021 07:36 AM] |
| Filing 21 Filed (ECF) Appellee State of California Joint Motion to extend time to file opposition until 01/11/2022. Date of service: 12/16/2021. [12318631] [21-16958] (Gaur, Tatiana) [Entered: 12/16/2021 07:06 PM] |
| Filing 20 Filed (ECF) Appellants American Petroleum Institute and Interstate Natural Gas Association of America Joint Motion to stay lower court action. Date of service: 12/15/2021. [12317167] [21-16958] (Sibley, George) [Entered: 12/15/2021 04:10 PM] |
| Filing 19 Added Attorney(s) Ellen Durkee for party(s) Appellee USEPA and Appellee Andrew R. Wheeler, in case 21-16958. [12315998] (QDL) [Entered: 12/14/2021 04:31 PM] |
| Filing 18 Filed (ECF) notice of appearance of Ellen J. Durkee (Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, P.O. Box 7415, Washington, D.C. 20044) for Appellees USEPA and Andrew R. Wheeler. Date of service: 12/14/2021. (Party was previously proceeding with counsel.) [12315994] [21-16958] (Durkee, Ellen) [Entered: 12/14/2021 04:29 PM] |
| Filing 17 Added Attorney(s) Kevin William McArdle for party(s) Appellee USEPA and Appellee Andrew R. Wheeler, in case 21-16958. [12315849] (QDL) [Entered: 12/14/2021 03:24 PM] |
| Filing 16 Filed (ECF) notice of appearance of Kevin W. McArdle (U.S. Department of Justice, Environment & Natural Resources Division, Post Office Box 7415, Washington, D.C. 20044) for Appellees USEPA and Andrew R. Wheeler. Date of service: 12/14/2021. (Party was previously proceeding with counsel.) [12315835] [21-16958] (McArdle, Kevin) [Entered: 12/14/2021 03:20 PM] |
| Filing 15 Added Attorney(s) William Grantham for party(s) Appellee State of New Mexico. [12301416] (RL) [Entered: 11/30/2021 01:45 PM] |
| Filing 14 Filed (ECF) notice of appearance of William Gregory Grantham (Office of the New Mexico Attorney General, P.O. Drawer 1508, Santa Fe, NM 87504) for Appellee State of New Mexico. Date of service: 11/30/2021. (Party was previously proceeding with counsel.) [12301393] [21-16958] (Grantham, William) [Entered: 11/30/2021 01:40 PM] |
| Filing 13 Added Attorney(s) Moneen Susan Nasmith for party(s) Appellee Orutsararmiut Native Council Appellee Sierra Club Appellee Pyramid Lake Paiute Tribe Appellee Columbia Riverkeeper Appellee Suquamish Tribe. [12301066] (RL) [Entered: 11/30/2021 11:07 AM] |
| Filing 12 Filed (ECF) notice of appearance of Moneen Susan Nasmith (Earthjustice, 48 Wall Street, Fl 15, New York, NY 10005) for Appellees Columbia Riverkeeper, Orutsararmiut Native Council, Pyramid Lake Paiute Tribe, Sierra Club and Suquamish Tribe. Date of service: 11/30/2021. (Party was previously proceeding with counsel.) [12300968] [21-16958] (Nasmith, Moneen) [Entered: 11/30/2021 10:24 AM] |
| Filing 11 Added Attorney(s) Michael Zaia Youhana for party(s) Appellee Orutsararmiut Native Council Appellee Sierra Club Appellee Pyramid Lake Paiute Tribe Appellee Columbia Riverkeeper Appellee Suquamish Tribe. [12300963] (RL) [Entered: 11/30/2021 10:24 AM] |
| Filing 10 Filed (ECF) notice of appearance of Michael Zaia Youhana (Earthjustice, 48 Wall Street, Fl 15, New York, NY 10005) for Appellees Columbia Riverkeeper, Orutsararmiut Native Council, Pyramid Lake Paiute Tribe, Sierra Club and Suquamish Tribe. Date of service: 11/30/2021. (Party was previously proceeding with counsel.) [12300949] [21-16958] (Youhana, Michael) [Entered: 11/30/2021 10:19 AM] |
| Filing 9 Added Attorney(s) George P. Sibley III for party(s) Appellant Interstate Natural Gas Association of America Appellant American Petroleum Institute. [12299846] (RL) [Entered: 11/29/2021 01:50 PM] |
| Filing 8 Added Attorney(s) Sangye Ince-Johannsen for party(s) Appellee American Whitewater Appellee Idaho Rivers United Appellee California Trout Appellee American Rivers. [12299838] (RL) [Entered: 11/29/2021 01:48 PM] |
| Filing 7 Added Attorney(s) Erica Nicole Peterson for party(s) Appellant Interstate Natural Gas Association of America Appellant American Petroleum Institute. [12299833] (RL) [Entered: 11/29/2021 01:47 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 11/29/2021. 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.[12299686]. [21-16958] (AD) [Entered: 11/29/2021 12:44 PM] |
| Filing 5 Filed (ECF) notice of appearance of Sangye Ince-Johannsen (120 Shelton McMurphey Blvd, Ste 340, Eugene, Oregon 97401) for Appellees American Rivers, American Whitewater, California Trout and Idaho Rivers United. Date of service: 11/29/2021. (Party was previously proceeding with counsel.) [12299629] [21-16958] (Ince-Johannsen, Sangye) [Entered: 11/29/2021 12:02 PM] |
| Filing 4 Filed (ECF) notice of appearance of Erica N. Peterson (Hunton Andrews Kurth LLP, 2200Pennsylvania Ave., Washington, DC 20037) for Appellants American Petroleum Institute and Interstate Natural Gas Association of America. Date of service: 11/29/2021. (Party was previously proceeding with counsel.) [12299510] [21-16958] (Peterson, Erica) [Entered: 11/29/2021 11:22 AM] |
| Filing 3 Filed (ECF) Appellants American Petroleum Institute and Interstate Natural Gas Association of America Mediation Questionnaire. Date of service: 11/29/2021. [12299471] [21-16958] (Sibley, George) [Entered: 11/29/2021 11:04 AM] |
| Filing 2 Filed (ECF) notice of appearance of George P. Sibley, III (Hunton Andrews Kurth LLP, 951 East Byrd Street, Richmond, VA 23219) for Appellants American Petroleum Institute and Interstate Natural Gas Association of America. Date of service: 11/29/2021. (Party was previously proceeding with counsel.) [12299464] [21-16958] (Sibley, George) [Entered: 11/29/2021 11:01 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants American Petroleum Institute and Interstate Natural Gas Association of America Mediation Questionnaire due on 11/29/2021. Transcript ordered by 12/20/2021. Transcript due 01/20/2022. Appellants American Petroleum Institute and Interstate Natural Gas Association of America opening brief due 02/28/2022. Appellees American Rivers, American Whitewater, California Trout, Columbia Riverkeeper, Commonwealth of Massachusetts, Commonwealth of Virginia, District of Columbia, Idaho Rivers United, Orutsararmiut Native Council, Pyramid Lake Paiute Tribe, Sierra Club, State Water Resources Control Board, State of California, State of Colorado, State of Connecticut, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin and Suquamish Tribe answering brief due 03/28/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12294926] (RT) [Entered: 11/22/2021 12:01 PM] |
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