In re: American Rivers, et al v. State of Arkansas, 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 |
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 |
AMERICAN PETROLEUM INSTITUTE, INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA and NATIONAL HYDROPOWER ASSOCIATION |
21-16961 |
November 22, 2021 |
U.S. Court of Appeals, Ninth Circuit |
Other Statutes - APA Review/Appeal |
Docket Report
This docket was last retrieved on February 21, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 80 FILED OPINION (SUSAN P. GRABER, RICHARD C. TALLMAN and MICHELLE T. FRIEDLAND) REVERSED. Judge: MTF Authoring. FILED AND ENTERED JUDGMENT. [12656748] [21-16958, 21-16960, 21-16961] (AKM) [Entered: 02/21/2023 08:45 AM] |
Filing 79 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12588551] [21-16958, 21-16960, 21-16961] (LW) [Entered: 11/16/2022 10:00 AM] |
Filing 78 ARGUED AND SUBMITTED TO SUSAN P. GRABER, RICHARD C. TALLMAN and MICHELLE T. FRIEDLAND. [12587746] [21-16958, 21-16960, 21-16961] (BY) [Entered: 11/15/2022 01:03 PM] |
Filing 77 Filed (ECF) Acknowledgment of hearing notice by Attorney Andrew McAleer Hawley for Appellees American Rivers, American Whitewater, California Trout and Idaho Rivers United in 21-16958, 21-16960, 21-16961. Hearing in Other (San Jose, CA) on 11/15/2022 at 09:00 A.M. (Courtroom: SJ CR 1, 5th Fl, Rm 5080). Filer sharing argument time: Yes. (Argument minutes: 5) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/18/2022. [12566966] [21-16958, 21-16960, 21-16961] (Hawley, Andrew) [Entered: 10/18/2022 09:39 PM] |
Filing 76 Filed (ECF) Acknowledgment of hearing notice by Attorney Kevin William McArdle for Appellees USEPA and Andrew R. Wheeler in 21-16958, 21-16960, 21-16961. Hearing in Other (San Jose, CA) on 11/15/2022 at 09:00 A.M. (Courtroom: SJ CR 1, 5th Fl, Rm 5080). Filer sharing argument time: Yes. (Argument minutes: 5) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/18/2022. [12566659] [21-16958, 21-16960, 21-16961] (McArdle, Kevin) [Entered: 10/18/2022 03:05 PM] |
Filing 75 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Kelly Thomas Wood for Appellee State of Washington in 21-16958, 21-16960, 21-16961. Hearing in Other (San Jose, CA) on 11/15/2022 at 09:00 A.M. (Courtroom: SJ CR 1, 5th Fl, Rm 5080). Filer sharing argument time: Yes. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/17/2022. [12565416] [21-16958, 21-16960, 21-16961] (Wood, Kelly) [Entered: 10/17/2022 03:14 PM] |
Filing 74 Filed (ECF) Acknowledgment of hearing notice by Attorney George P. Sibley, III for Appellants American Petroleum Institute and Interstate Natural Gas Association of America in 21-16958. Hearing in Other (San Jose) on 11/15/2022 at 09:00 A.M. (Courtroom: SJ CR 1, 5th Fl, Rm 5080). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/16/2022. [12564289] [21-16958, 21-16960, 21-16961] (Sibley, George) [Entered: 10/16/2022 04:00 PM] |
Filing 73 Notice of Oral Argument on Tuesday, November 15, 2022 - 09:00 A.M. - SJ CR 1, 5th Fl, Rm 5080 - Scheduled Location: San Jose CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, November 15, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12533232]. [21-16958, 21-16960, 21-16961] (KS) [Entered: 09/04/2022 07:42 AM] |
Filing 72 Received 6 paper copies of Reply Brief [ # 69 ] filed by Appellants. [12508502] [21-16958, 21-16960, 21-16961] (SD) [Entered: 08/03/2022 11:15 AM] |
Filing 71 This case is being considered for an upcoming oral argument calendar in San Jose, California. Please review the San Jose sitting dates for November 14-18, 2022 at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). [12506746] [21-16958, 21-16960, 21-16961] (CSR) [Entered: 08/01/2022 03:38 PM] |
Filing 70 Filed clerk order: The reply brief [ # 69 ] submitted by appellants 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. [12503775] [21-16958, 21-16960, 21-16961] (SML) [Entered: 07/27/2022 03:52 PM] |
Filing 69 Submitted (ECF) Reply Brief for review. Submitted by Appellants American Petroleum Institute and Interstate Natural Gas Association of America in 21-16958, Appellant National Hydropower Association in 21-16960, Appellants 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 in 21-16961. Date of service: 07/27/2022. [12503672] [21-16958, 21-16960, 21-16961]--[COURT UPDATE: Updated entry to reflect all filers of the brief. 07/27/2022 by SML] (Sibley, George) [Entered: 07/27/2022 02:42 PM] |
Filing 68 Received 6 paper copies of Answering Brief [ # 61 ] filed by USEPA and Andrew R. Wheeler. [12492286] [21-16958, 21-16960, 21-16961] (SD) [Entered: 07/12/2022 03:47 PM] |
Filing 67 Received 3 paper copies of supplemental excerpts of record [ # 63 ] in 1 volume(s) filed by Appellees State of Washington; et al. [12491742] [21-16958, 21-16960, 21-16961] (CPA) [Entered: 07/12/2022 11:22 AM] |
Filing 66 Received 6 paper copies of Answering Brief [ # 62 ] filed by Appellees State of Washington; et al. [12491730] [21-16958, 21-16960, 21-16961] (CPA) [Entered: 07/12/2022 11:15 AM] |
Filing 65 Filed clerk order: The answering brief [ # 62 ] submitted by Appellees State of Washington; 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 supplemental excerpts of record [ # 63 ] submitted by Appellees State of Washington; 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. [12489348] [21-16958, 21-16960, 21-16961] (SML) [Entered: 07/08/2022 10:50 AM] |
Filing 64 Filed clerk order: The answering brief [ # 61 ] submitted by USEPA and Andrew R. Wheeler 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. [12488786] [21-16958, 21-16960, 21-16961] (SML) [Entered: 07/07/2022 03:12 PM] |
Filing 63 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee State of Washington in 21-16958, 21-16960, 21-16961. Date of service: 07/06/2022. [12487737] [21-16958, 21-16960, 21-16961] (Wood, Kelly) [Entered: 07/06/2022 03:47 PM] |
Filing 62 Submitted (ECF) Answering Brief for review. Submitted by Appellee State of Washington in 21-16958, 21-16960, 21-16961. Date of service: 07/06/2022. [12487732] [21-16958, 21-16960, 21-16961] (Wood, Kelly) [Entered: 07/06/2022 03:45 PM] |
Filing 61 Submitted (ECF) Answering Brief for review. Submitted by Appellees USEPA and Andrew R. Wheeler in 21-16958, 21-16960, 21-16961. Date of service: 07/06/2022. [12487377] [21-16958, 21-16960, 21-16961] (McArdle, Kevin) [Entered: 07/06/2022 12:10 PM] |
Filing 60 Streamlined request [59], [58], [57] by Appellees American Rivers, American Whitewater, California Trout, Columbia Riverkeeper, Idaho Rivers United, Orutsararmiut Native Council, Pyramid Lake Paiute Tribe, Sierra Club, State of Washington and Suquamish Tribe in 21-16958, 21-16960, 21-16961 to extend time to file the brief is approved for all Appellees. Any further requests for extension of time to file this brief will have to be made by written motion. Amended briefing schedule: Appellees American Rivers, U.S. Environmental Protection Agency, Andrew R. Wheeler, 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 07/06/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12460272] [21-16958, 21-16960, 21-16961] (JN) [Entered: 05/31/2022 04:31 PM] |
Filing 59 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees American Rivers, American Whitewater, California Trout and Idaho Rivers United in 21-16958, 21-16960, 21-16961. New requested due date is 07/06/2022. [12460129] [21-16958, 21-16960, 21-16961] (Ince-Johannsen, Sangye) [Entered: 05/31/2022 03:25 PM] |
Filing 58 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Columbia Riverkeeper, Orutsararmiut Native Council, Pyramid Lake Paiute Tribe, Sierra Club and Suquamish Tribe in 21-16958, 21-16960, 21-16961. New requested due date is 07/06/2022. [12459820] [21-16958, 21-16960, 21-16961] (Nasmith, Moneen) [Entered: 05/31/2022 01:18 PM] |
Filing 57 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee State of Washington in 21-16958, 21-16960, 21-16961. New requested due date is 07/06/2022. [12459591] [21-16958, 21-16960, 21-16961] (Wood, Kelly) [Entered: 05/31/2022 11:31 AM] |
Filing 56 Streamlined request [55] by Appellees USEPA and Andrew R. Wheeler in 21-16958, 21-16960, 21-16961 to extend time to file the brief is approved for All Appellees. Amended briefing schedule: Appellees American Rivers, U.S. Environmental Protection Agency, Andrew R. Wheeler, 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 06/06/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12431114] [21-16958, 21-16960, 21-16961] (JN) [Entered: 04/26/2022 10:49 AM] |
Filing 55 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees USEPA and Andrew R. Wheeler in 21-16958, 21-16960, 21-16961. New requested due date is 06/06/2022. [12430233] [21-16958, 21-16960, 21-16961] (McArdle, Kevin) [Entered: 04/25/2022 02:09 PM] |
Filing 54 Terminated Gabrielle Lauren Gurian for State of Washington in 21-16958, 21-16960 and 21-16961 (due to incorrect ECF contact information) [12430151] [21-16958, 21-16960, 21-16961] (RY) [Entered: 04/25/2022 01:34 PM] |
Filing 53 Received 6 paper copies of Opening Brief [ # 49 ] filed by appellants. [12420541] [21-16958, 21-16960, 21-16961] (CPA) [Entered: 04/13/2022 03:20 PM] |
Filing 52 Received 3 paper copies of excerpts of record [ # 50 ] in 4 volume(s) and index volume filed by appellants. [12420496] [21-16958, 21-16960, 21-16961] (CPA) [Entered: 04/13/2022 03:02 PM] |
Filing 51 Filed clerk order: The opening brief [ # 49 ] submitted by appellants 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 [ # 50 ] submitted by appellants 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. [12416611] [21-16958, 21-16960, 21-16961] (SML) [Entered: 04/08/2022 04:47 PM] |
Filing 50 Submitted (ECF) excerpts of record. Submitted by Appellants American Petroleum Institute and Interstate Natural Gas Association of America in 21-16958, Appellant National Hydropower Association in 21-16960, Appellants 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 in 21-16961. Date of service: 04/06/2022. [12414397] [21-16958, 21-16960, 21-16961]--[COURT UPDATE: Attached corrected excerpts. 04/08/2022 by SML] (Sibley, George) [Entered: 04/06/2022 04:25 PM] |
Filing 49 Submitted (ECF) Opening Brief for review. Submitted by Appellants American Petroleum Institute and Interstate Natural Gas Association of America in 21-16958, Appellant National Hydropower Association in 21-16960, Appellants 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 in 21-16961. Date of service: 04/06/2022. [12414373] [21-16958, 21-16960, 21-16961]--[COURT UPDATE: Attached corrected brief. 04/08/2022 by SML] (Sibley, George) [Entered: 04/06/2022 04:01 PM] |
Filing 48 Received from the Supreme Court dated 04/06/2022 The application for a stay presented to JUSTICE KAGAN and by her referred to the Court is granted. [12413654] [21-16958, 21-16960, 21-16961] (JFF) [Entered: 04/06/2022 09:03 AM] |
Filing 47 Added Attorney(s) Benjamin D. Wilson for party(s) Appellant State of Texas. [12381394] [21-16958, 21-16960, 21-16961] (RL) [Entered: 02/28/2022 09:31 AM] |
Filing 46 Filed (ECF) notice of appearance of Benjamin Daniel Wilson (Office of the Attorney General of Texas -- Solicitor General Division; P.O. Box 12548 (MC-059); Austin, Texas 78711) for Appellant State of Texas in 21-16961. Date of service: 02/28/2022. (Party was previously proceeding with counsel.) [12381213] [21-16961, 21-16958, 21-16960] (Wilson, Benjamin) [Entered: 02/28/2022 07:29 AM] |
Filing 45 Terminated Ellen Durkee for Andrew R. Wheeler and USEPA. [12379293] [21-16958, 21-16960, 21-16961] (RL) [Entered: 02/24/2022 02:34 PM] |
Filing 44 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Ellen Durkee for Appellees USEPA and Andrew R. Wheeler in 21-16958, 21-16960, 21-16961. Party proceeding without counsel: No. Date of service: 02/24/2022. [12379287] [21-16958, 21-16960, 21-16961] (Durkee, Ellen) [Entered: 02/24/2022 02:32 PM] |
Filing 43 Filed order (WILLIAM C. CANBY, MARSHA S. BERZON and MARK J. BENNETT) The unopposed motion to consolidate these appeals (Docket Entry No. [ # 12344120-4 ] in 21-16958) is granted. Appeal Nos. 21-16958, 21-16960, and 21-16961 are consolidated. The motions for a stay of the challenged district court order pending these appeals (Docket Entry No. [ # 12317167-4 ] in 21-16958; Docket Entry No. [ # 12317380-4 ] in 21-16960; Docket Entry No. [ # 26 ] in 21-16961) are denied. See Nken v. Holder, 556 U.S. 418, 434 (2009); Doe #1 v. Trump, 957 F.3d 1050, 1058 (9th Cir. 2020). Appellants do not demonstrate a sufficient likelihood of irreparable harm to warrant the requested relief. The motions to dismiss these appeals for lack of jurisdiction (Docket Entry Nos. [ # 12337629-4 ] and [ # 12344134-4 ] in 21-16958) are denied without prejudice to renewing the arguments in the answering brief(s). See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The opening brief(s) and excerpts of record are due April 6, 2022. The answering brief(s) are due May 6, 2022. The optional reply brief(s) are due within 21 days after service of the last-served answering brief. All parties on a side are encouraged to join in a single brief to the extent practicable. See 9th Cir. R. 32-2 circuit advisory committee note. [12379160] [21-16958, 21-16960, 21-16961] (OC) [Entered: 02/24/2022 01:39 PM] |
Filing 42 Filed (ECF) Appellee State of Washington response non-opposing motion ([ # 37 ] Motion (ECF Filing), [ # 37 ] Motion (ECF Filing) motion to dismiss for lack of jurisdiction). Date of service: 01/31/2022. [12356449] [21-16961] (Wood, Kelly) [Entered: 01/31/2022 04:10 PM] |
Filing 41 Filed (ECF) Appellees American Rivers, American Whitewater, California Trout, Columbia Riverkeeper, Idaho Rivers United, Orutsararmiut Native Council, Pyramid Lake Paiute Tribe, Sierra Club and Suquamish Tribe reply to response (). Date of service: 01/28/2022. [12354871] [21-16961] (Nasmith, Moneen) [Entered: 01/28/2022 03:27 PM] |
Filing 40 Filed (ECF) Appellees USEPA and Andrew R. Wheeler reply to response (). Date of service: 01/28/2022. [12354256] [21-16961] (Durkee, Ellen) [Entered: 01/28/2022 10:41 AM] |
Filing 39 Filed (ECF) Appellant State of Louisiana response opposing motion ([ # 33 ] Motion (ECF Filing), [ # 33 ] Motion (ECF Filing), [ # 37 ] Motion (ECF Filing), [ # 37 ] Motion (ECF Filing)). Date of service: 01/21/2022. [12347903] [21-16961] (St. John, Joseph) [Entered: 01/21/2022 03:53 PM] |
Filing 38 Filed (ECF) Appellee State of Washington response non-opposing motion ([ # 33 ] Motion (ECF Filing), [ # 33 ] Motion (ECF Filing)). Date of service: 01/20/2022. [12346192] [21-16961] (Wood, Kelly) [Entered: 01/20/2022 02:19 PM] |
Filing 37 Filed (ECF) Appellees USEPA and Andrew R. Wheeler Motion to dismiss for lack of jurisdiction. Date of service: 01/19/2022. [12344164] [21-16961] (Durkee, Ellen) [Entered: 01/19/2022 08:40 AM] |
Filing 36 Filed (ECF) Appellees USEPA and Andrew R. Wheeler Motion to consolidate cases 21-16958, 21-16960, 21-16961. Date of service: 01/19/2022. [12344128] [21-16961] (Durkee, Ellen) [Entered: 01/19/2022 07:28 AM] |
Filing 35 Filed (ECF) Appellant State of Louisiana reply to response (motion to stay lower court action). Date of service: 01/18/2022. [12344039] [21-16961] (St. John, Joseph) [Entered: 01/18/2022 08:28 PM] |
Filing 34 Filed (ECF) Appellee State of Washington response opposing motion ([ # 26 ] Motion (ECF Filing), [ # 26 ] Motion (ECF Filing)). Date of service: 01/11/2022. [12338174] [21-16961] (Wood, Kelly) [Entered: 01/11/2022 06:08 PM] |
Filing 33 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. [12337644] [21-16961] (Nasmith, Moneen) [Entered: 01/11/2022 01:51 PM] |
Filing 32 Filed (ECF) Appellees USEPA and Andrew R. Wheeler response to motion ([ # 26 ] Motion (ECF Filing), [ # 26 ] Motion (ECF Filing)). Date of service: 01/11/2022. [12337436] [21-16961] (Durkee, Ellen) [Entered: 01/11/2022 12:02 PM] |
Filing 31 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. [ # 27 ] and [ # 28 ]) 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. [12322347] (OC) [Entered: 12/21/2021 04:22 PM] |
Filing 30 Filed (ECF) Appellant State of Louisiana response to motion ([ # 28 ] Motion (ECF Filing), [ # 28 ] Motion (ECF Filing), [ # 27 ] Motion (ECF Filing), [ # 27 ] Motion (ECF Filing)). Date of service: 12/20/2021. [12321329] [21-16961] (St. John, Joseph) [Entered: 12/20/2021 07:52 PM] |
Filing 29 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 28 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. [12318683] [21-16961] (McArdle, Kevin) [Entered: 12/17/2021 07:40 AM] |
Filing 27 Filed (ECF) Appellee State of California Joint Motion to extend time to file opposition until 01/11/2022. Date of service: 12/16/2021. [12318635] [21-16961] (Gaur, Tatiana) [Entered: 12/16/2021 07:09 PM] |
Filing 26 Filed (ECF) Appellant State of Louisiana Motion to stay lower court action. Date of service: 12/16/2021. [12317714] [21-16961] (St. John, Joseph) [Entered: 12/16/2021 10:25 AM] |
Filing 25 Added Attorney(s) Kevin William McArdle for party(s) Appellee USEPA Appellee Andrew R. Wheeler. [12316252] (RL) [Entered: 12/15/2021 09:35 AM] |
Filing 24 Added Attorney(s) Ellen Durkee for party(s) Appellee USEPA Appellee Andrew R. Wheeler. [12316246] (RL) [Entered: 12/15/2021 09:32 AM] |
Filing 23 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: 12/15/2021. (Party was previously proceeding with counsel.) [12316235] [21-16961] (Durkee, Ellen) [Entered: 12/15/2021 09:27 AM] |
Filing 22 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.) [12316179] [21-16961] (McArdle, Kevin) [Entered: 12/15/2021 08:45 AM] |
Filing 21 Added Attorney(s) Justin L. Matheny for party(s) Appellant State of Mississippi, in case 21-16961. [12315548] (QDL) [Entered: 12/14/2021 01:17 PM] |
Filing 20 Filed (ECF) notice of appearance of Justin Lee Matheny (Office of the Mississippi Attorney General, 550 High Street, Suite 1100, Jackson, MS 39201) for Appellant State of Mississippi. Date of service: 12/14/2021. (Party was previously proceeding with counsel.) [12315519] [21-16961] (Matheny, Justin) [Entered: 12/14/2021 12:52 PM] |
Filing 19 Added Attorney(s) Nicholas J. Bronni for party(s) Appellant State of Arkansas. [12304378] (RL) [Entered: 12/02/2021 03:53 PM] |
Filing 18 Filed (ECF) notice of appearance of Nicholas Jacob Bronni (Office of the Arkansas Attorney General) for Appellant State of Arkansas. Date of service: 12/02/2021. (Party was previously proceeding with counsel.) [12304362] [21-16961] (Bronni, Nicholas) [Entered: 12/02/2021 03:48 PM] |
Filing 17 Added Attorney(s) James Kaste for party(s) Appellant State of Wyoming. [12304133] (RL) [Entered: 12/02/2021 02:15 PM] |
Filing 16 Filed (ECF) notice of appearance of James Craig Kaste (Wyoming Attorney General's Office, 109 State Capitol, Cheyenne, WY 82002) for Appellant State of Wyoming. Date of service: 12/02/2021. (Party was previously proceeding with counsel.) [12304102] [21-16961] (Kaste, James) [Entered: 12/02/2021 02:09 PM] |
Filing 15 The Mediation Questionnaire for this case was filed on 12/02/2021. 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.[12303945]. [21-16961] (AD) [Entered: 12/02/2021 12:44 PM] |
Filing 14 Filed (ECF) notice of appearance of Lindsay Sara See (West Virginia Attorney General's Office, 1900 Kanawha Blvd. E, Bldg. 1, Rm. 26E, Charleston, WV 25305) for Appellant State of West Virginia. Substitution for Attorney Lindsay Sara See for Appellant State of West Virginia. Date of service: 12/02/2021. (Party was previously proceeding with counsel.) [12303784] [21-16961] (See, Lindsay) [Entered: 12/02/2021 11:19 AM] |
Filing 13 Added Attorney(s) Sangye Ince-Johannsen for party(s) Appellee American Whitewater Appellee Idaho Rivers United Appellee California Trout Appellee American Rivers. [12303676] (RL) [Entered: 12/02/2021 10:31 AM] |
Filing 12 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.) [12303666] [21-16961] (Ince-Johannsen, Sangye) [Entered: 12/02/2021 10:28 AM] |
Filing 11 Filed (ECF) Appellant State of Louisiana Mediation Questionnaire. Date of service: 12/02/2021. [12303577] [21-16961] (St. John, Joseph) [Entered: 12/02/2021 09:35 AM] |
Filing 10 Added Attorney(s) Joseph Scott St. John for party(s) Appellant State of Louisiana. [12303560] (RL) [Entered: 12/02/2021 09:23 AM] |
Filing 9 Filed (ECF) notice of appearance of Joseph Scott St. John (Office of the Louisiana Attorney General, P.O. Box 94005, Baton Rouge, LA 70804) for Appellant State of Louisiana. Date of service: 12/02/2021. (Party was previously proceeding with counsel.) [12303550] [21-16961] (St. John, Joseph) [Entered: 12/02/2021 09:20 AM] |
Filing 8 Added Attorney(s) Brian M. Lusignan for party(s) Appellee State of New York. [12301754] (RL) [Entered: 11/30/2021 03:47 PM] |
Filing 7 Filed (ECF) notice of appearance of Brian Murray Lusignan (Office of the Attorney General of N.Y., Environmental Protection Bureau) for Appellee State of New York. Date of service: 11/30/2021. (Party was previously proceeding with counsel.) [12301742] [21-16961] (Lusignan, Brian) [Entered: 11/30/2021 03:44 PM] |
Filing 6 Added Attorney(s) William Grantham for party(s) Appellee State of New Mexico. [12301431] (RL) [Entered: 11/30/2021 01:48 PM] |
Filing 5 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.) [12301421] [21-16961] (Grantham, William) [Entered: 11/30/2021 01:46 PM] |
Filing 4 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. [12301080] (RL) [Entered: 11/30/2021 11:11 AM] |
Filing 3 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.) [12300992] [21-16961] (Youhana, Michael) [Entered: 11/30/2021 10:35 AM] |
Filing 2 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.) [12300979] [21-16961] (Nasmith, Moneen) [Entered: 11/30/2021 10:30 AM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants State of Arkansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Texas, State of West Virginia and State of Wyoming Mediation Questionnaire due on 11/29/2021. Transcript ordered by 12/20/2021. Transcript due 01/20/2022. Appellants State of Arkansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Texas, State of West Virginia and State of Wyoming 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. [12295273] (RT) [Entered: 11/22/2021 01:48 PM] |
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