Upper Missouri Waterkeeper v. USEPA, et al
| ANDREW WHEELER, Administrator, United States Environmental Protection Agency and U.S. ENVIRONMENTAL PROTECTION AGENCY |
| THE MONTANA LEAGUE OF CITIES AND TOWNS, NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES, TREASURE STATE RESOURCES ASSOCIATION OF MONTANA and STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY |
| UPPER MISSOURI WATERKEEPER |
| 21-35001 |
| January 4, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed order (DANNY J. BOGGS, RICHARD A. PAEZ and PAUL J. WATFORD) At oral argument, in addition to the other issues raised in the briefs, counsel shall be prepared to discuss the following two questions: 1. What effect, if any, do the district courts orders of October 30, 2020, and February 9, 2021, have on whether the appeals from the district courts judgment of September 20, 2019, are moot? 2. In light of the EPAs action on February 24, 2020, and the subsequent proceedings in the district court, is the judgment of September 20, 2019, a final decision[] of the district court? 28 U.S.C. 1291. [12014104] [19-35898, 20-35137, 19-35899, 20-35135, 20-35136, 21-35000, 21-35001, 21-35002, 21-35003] (OC) [Entered: 02/23/2021 03:31 PM] |
| Filing 5 Filed order MEDIATION (CG): The conference previously scheduled for February 12, 2021, is canceled. These appeals are consolidated and the schedules previously established by the court are vacated. The consolidated appeal is stayed until May 28, 2021, or pending the decision by this court in Upper Missouri Waterkeeper v. USEPA, et al, No. 19-35898, whichever occurs first. Within 14 days of termination of the stay, counsel is requested to contact the mediator to report on the status of the case. [11985711] [21-35000, 21-35001, 21-35002, 21-35003] (SB) [Entered: 01/29/2021 09:25 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL IN AssessmentConference, 02/12/2021, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11979904] (LW) [Entered: 01/25/2021 11:55 AM] |
| Filing 3 Added Attorney(s) John Luther Smeltzer for party(s) Appellant Andrew Wheeler Appellant USEPA, in case 21-35001. [11963499] (JFF) [Entered: 01/14/2021 10:18 AM] |
| Filing 2 Filed (ECF) notice of appearance of John Luther Smeltzer (U.S. Department of Justice, ENRD Appellate Section, Post Office Box 7415, Washington, DC 20044) for Appellants USEPA and Andrew Wheeler. Date of service: 01/13/2021. (Party was previously proceeding with counsel.) [11963090] [21-35001] (Smeltzer, John) [Entered: 01/13/2021 05:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants U.S. Environmental Protection Agency and Andrew Wheeler Mediation Questionnaire due on 01/11/2021. Transcript ordered by 01/28/2021. Transcript due 03/01/2021. Appellants U.S. Environmental Protection Agency and Andrew Wheeler opening brief due 04/08/2021. Appellee Upper Missouri Waterkeeper answering brief due 05/10/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11950533] (JBS) [Entered: 01/04/2021 09:42 AM] |
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