In re: American Rivers, et al v. National Hydropower Associatio, et al
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 |
ANDREW R. WHEELER and U.S. ENVIRONMENTAL PROTECTION AGENCY |
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 |
21-16960 |
November 22, 2021 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on January 20, 2022. A more recent docket listing may be available from PACER.
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Filing 27 Filed (ECF) Appellee State of Washington response non-opposing motion ([ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing)). Date of service: 01/20/2022. [12346188] [21-16960] (Wood, Kelly) [Entered: 01/20/2022 02:17 PM] |
Filing 26 Filed (ECF) Appellees USEPA and Andrew R. Wheeler Motion to dismiss for lack of jurisdiction. Date of service: 01/19/2022. [12344159] [21-16960] (Durkee, Ellen) [Entered: 01/19/2022 08:38 AM] |
Filing 25 Filed (ECF) Appellees USEPA and Andrew R. Wheeler Motion to consolidate cases 21-16958, 21-16960, 21-16961. Date of service: 01/19/2022. [12344124] [21-16960] (Durkee, Ellen) [Entered: 01/19/2022 07:25 AM] |
Filing 24 Filed (ECF) Appellant National Hydropower Association reply to response (). Date of service: 01/18/2022. [12344027] [21-16960] (Tseytlin, Misha) [Entered: 01/18/2022 07:03 PM] |
Filing 23 Filed (ECF) Appellee State of Washington response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 01/11/2022. [12338171] [21-16960] (Wood, Kelly) [Entered: 01/11/2022 06:02 PM] |
Filing 22 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. [12337635] [21-16960] (Nasmith, Moneen) [Entered: 01/11/2022 01:48 PM] |
Filing 21 Filed (ECF) Appellees USEPA and Andrew R. Wheeler response to motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 01/11/2022. [12337421] [21-16960] (Durkee, Ellen) [Entered: 01/11/2022 11:56 AM] |
Filing 20 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. [ # 16 ] and [ # 17 ]) 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. [12322351] (OC) [Entered: 12/21/2021 04:24 PM] |
Filing 19 Filed (ECF) Appellant National Hydropower Association response to motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing)). Date of service: 12/20/2021. [12321323] [21-16960] (Tseytlin, Misha) [Entered: 12/20/2021 07:17 PM] |
Filing 18 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 17 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. [12318682] [21-16960] (McArdle, Kevin) [Entered: 12/17/2021 07:38 AM] |
Filing 16 Filed (ECF) Appellee State of California Joint Motion to extend time to file opposition until 01/11/2022. Date of service: 12/16/2021. [12318633] [21-16960] (Gaur, Tatiana) [Entered: 12/16/2021 07:08 PM] |
Filing 15 Filed (ECF) Appellant National Hydropower Association Correspondence: Correspondence to Clerk Re Corrected Certificate of Service. Date of service: 12/16/2021 [12318272] [21-16960] (Tseytlin, Misha) [Entered: 12/16/2021 02:38 PM] |
Filing 14 Filed (ECF) Appellant National Hydropower Association Motion to stay lower court action. Date of service: 12/15/2021. [12317380] [21-16960] (Tseytlin, Misha) [Entered: 12/15/2021 05:45 PM] |
Filing 13 Added Attorney(s) Ellen Durkee and Kevin William McArdle for party(s) Appellee USEPA and Appellee Andrew R. Wheeler. [12316261] (RL) [Entered: 12/15/2021 09:38 AM] |
Filing 12 Filed (ECF) notice of appearance of Ellen J. Durkee (Appellate Section, Environment & Natural Resources Division, P.O. Box 7415, Washington, D.C. 20044) for Appellees USEPA and Andrew R. Wheeler. Date of service: 12/15/2021. (Party was previously proceeding with counsel.) [12316229] [21-16960] (Durkee, Ellen) [Entered: 12/15/2021 09:25 AM] |
Filing 11 Filed (ECF) notice of appearance of Kevin W. McArdle (U.S. Department of Justice, Environment & Natural Resources Division, Post Office Box 7415, Washington, DC 20044) for Appellees USEPA and Andrew R. Wheeler. Date of service: 12/15/2021. (Party was previously proceeding with counsel.) [12316176] [21-16960] (McArdle, Kevin) [Entered: 12/15/2021 08:44 AM] |
Filing 10 Added Attorney(s) Sangye Ince-Johannsen for party(s) Appellee American Whitewater Appellee Idaho Rivers United Appellee California Trout Appellee American Rivers. [12303670] (RL) [Entered: 12/02/2021 10:29 AM] |
Filing 9 Filed (ECF) notice of appearance of Sangye Ince-Johannsen (120 Shelton McMurphey Blvd, Ste. 340, Eugene, OR 97401) for Appellees American Rivers, American Whitewater, California Trout and Idaho Rivers United. Date of service: 12/02/2021. (Party was previously proceeding with counsel.) [12303658] [21-16960] (Ince-Johannsen, Sangye) [Entered: 12/02/2021 10:25 AM] |
Filing 8 Added Attorney(s) William Grantham for party(s) Appellee State of New Mexico. [12301424] (RL) [Entered: 11/30/2021 01:47 PM] |
Filing 7 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.) [12301403] [21-16960] (Grantham, William) [Entered: 11/30/2021 01:43 PM] |
Filing 6 Added Attorney(s) Michael Zaia Youhana, Moneen Susan Nasmith for party(s) Appellee Orutsararmiut Native Council Appellee Sierra Club Appellee Pyramid Lake Paiute Tribe Appellee Columbia Riverkeeper Appellee Suquamish Tribe. [12301074] (RL) [Entered: 11/30/2021 11:09 AM] |
Filing 5 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.) [12300986] [21-16960] (Youhana, Michael) [Entered: 11/30/2021 10:33 AM] |
Filing 4 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.) [12300974] [21-16960] (Nasmith, Moneen) [Entered: 11/30/2021 10:28 AM] |
Filing 3 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.[12300595]. [21-16960] (AD) [Entered: 11/29/2021 06:44 PM] |
Filing 2 Filed (ECF) Appellant National Hydropower Association Mediation Questionnaire. Date of service: 11/29/2021. [12300312] [21-16960] (Tseytlin, Misha) [Entered: 11/29/2021 03:54 PM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant National Hydropower Association Mediation Questionnaire due on 11/29/2021. Transcript ordered by 12/20/2021. Transcript due 01/20/2022. Appellant National Hydropower Association 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. [12295094] (RT) [Entered: 11/22/2021 01:01 PM] |
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