Sovereign Inupiat for a Living, et al v. BLM, et al
| SOVEREIGN INUPIAT FOR A LIVING ARCTIC, SIERRA CLUB, DEFENDERS OF WILDLIFE, NORTHERN ALASKA ENVIRONMENTAL CENTER, THE WILDERNESS SOCIETY and ALASKA WILDERNESS LEAGUE |
| BUREAU OF LAND MANAGEMENT, UNITED STATES FISH AND WILDLIFE SERVICE, CHAD PADGETT, in his official capacity as State Director for the Bureau of Land Management Alaska, DAVID HOBBIE, in his official capacity as Regional Regulatory Chief of the Army Corps of Engineers-Alaska District, SCOTT DE LA VEGA, in his official capacity as Secretary of the Interior, UNITED STATES ARMY CORPS OF ENGINEERS and U.S. DEPARTMENT OF THE INTERIOR |
| ARCTIC SLOPE REGIONAL CORPORATION, NORTH SLOPE BOROUGH and STATE OF ALASKA |
| CONOCOPHILLIPS ALASKA, INC. |
| 21-35085 |
| February 3, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
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| Filing 44 Filed order (Deputy Clerk: RSK) The unopposed motions to dismiss the appeal without prejudice (Docket Entry Nos. [ # 42 ] and [ # 43 ] in Case No. 21-35085 and Docket Entry Nos. [ # 42 ] and [ # 43 ] in Case No. 21-35095) are granted pursuant to the terms of the parties stipulation in the district court. The appeal is dismissed without prejudice to reinstatement in the event the parties stipulation is modified or terminated. Reinstatement shall be by notice filed by any party in this court and served on the other parties and the Circuit Mediator within 28 days of that event. A copy of this order shall serve as and for the mandate of this court.. [12029411] [21-35085, 21-35095] (JPD) [Entered: 03/09/2021 12:27 PM] |
| Filing 43 Filed (ECF) Appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc. in 21-35095 Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 03/05/2021. [12026180] [21-35095, 21-35085] (Lieb, Jeremy) [Entered: 03/05/2021 01:50 PM] |
| Filing 42 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society in 21-35085 Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 03/05/2021. [12026131] [21-35085, 21-35095] (Psarianos, Bridget) [Entered: 03/05/2021 01:38 PM] |
| Filing 41 Filed order MEDIATION ( RSK) On or before March 16, 2021, counsel for appellants shall provide a status report by email to the Circuit Mediator (robert_kaiser@ca9.uscourts.gov). Counsel are requested to include the Ninth Circuit case name and number in the subject line. The status report should not be filed with the court. The briefing schedule previously set by the court is vacated. [12022042] [21-35085, 21-35095] (JPD) [Entered: 03/02/2021 04:14 PM] |
| Filing 40 Terminated Unregistered Attorney Caitlin Marie Cipicchio for Scott de la Vega, USFWS, United States Army Corps of Engineers, USDOI, Chad Padgett, David Hobbie and BLM in 21-35085. Parties have alternate counsel. [12016756] [21-35085, 21-35095] (SVG) [Entered: 02/25/2021 12:37 PM] |
| Filing 39 Filed clerk order: The amicus brief [ # 18 ] submitted by Arctic Slope Regional Corporation is filed. The amicus brief [ # 23 ] submitted by North Slope Borough is filed. The amicus brief [ # 33 ] submitted by State of Alaska is filed. No paper copies of the briefs are required. [12006499] [21-35085, 21-35095] (SML) [Entered: 02/17/2021 11:47 AM] |
| Filing 38 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. By March 3, 2021, counsel for all parties intending to file briefs in these matters are requested to inform Robert Kaiser, Circuit Mediator, by email at robert_kaiser@ca9.uscourts.gov, of their clients views on whether the issues on appeal or the underlying dispute might be appropriate for settlement presently or in the foreseeable future. Counsel are requested to include the Ninth Circuit case name and number in the subject line. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. The existing briefing schedule remains in effect. [12006117] [21-35085, 21-35095] (OC) [Entered: 02/17/2021 09:49 AM] |
| Filing 37 Entered appearance of Amicus Curiae State of Alaska in 21-35085 and Amicus Curiae State of Alaska in 21-35095. [12003157] [21-35085, 21-35095] (HH) [Entered: 02/13/2021 08:44 PM] |
| Filing 36 Filed order (WILLIAM C. CANBY and MICHELLE T. FRIEDLAND): Appellants have filed emergency motions for an injunction pending appeal, seeking to enjoin construction activities related to a proposed oil and gas production operation (known as the Willow Project) located in the National Petroleum Reserve-Alaska. Appellants suit challenges appellee the Bureau of Land Managements (BLM) compliance with the National Environmental Policy Act (NEPA) in reviewing and approving an environmental impact statement (EIS) for the Willow Project. Appellants further allege that BLMs actions violated the Endangered Species Act (ESA) ... Accordingly, we grant appellants motions for injunctive relief (Docket Entry Nos. [ # 6 ] and [ # 10 ] in No. 21-35085; Docket Entry Nos. [ # 10 ] and [ # 6 ] in No. 21-35095). The district courts February 6, 2021 temporary injunction shall remain in effect pending the outcome of this appeal. The motions of North Slope Borough, Arctic Slope Regional Corporation and the State of Alaska for leave to file an amicus curiae brief (Docket Entry Nos. [ # 18 ], [ # 23 ] and [ # 33 ] in No. 21-35085; Docket Entry Nos. [ # 18 ], [ # 23 ] and [ # 33 ] in No. 21-35095) in support of appellees responses in opposition to the motions for injunctive relief are granted. The parties motions to file oversized responses and replies (Docket Entry Nos. [ # 15 ], [ # 17 ], [ # 26 ], and [ # 28 ] in No. 21-35085; Docket Entry Nos. [ # 15 ], [ # 17 ], [ # 26 ], and [ # 28 ] in No. 21-35095) in connection with the motions for injunctive relief are granted. We expedite this appeal. The briefing schedule established previously remains in effect. The Clerk will schedule this case to be heard on the next available calendar. (SEE ORDER FOR FULL TEXT) [12003156] [21-35085, 21-35095] (HH) [Entered: 02/13/2021 08:27 PM] |
| Filing 35 Filed (ECF) Amicus Curiae - Pending Arctic Slope Regional Corporation in 21-35085, 21-35095 reply to response (). Date of service: 02/12/2021. [12003090] [21-35085, 21-35095] (Fjelstad, Eric) [Entered: 02/12/2021 06:34 PM] |
| Filing 34 Entered appearance of Amicus Curiae - Pending Arctic Slope Regional Corporation. [12002901] [21-35085, 21-35095] (KWG) [Entered: 02/12/2021 04:40 PM] |
| Filing 33 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by State of Alaska. Date of service: 02/12/2021. [12002350] [21-35085, 21-35095] (Ptacin, John) [Entered: 02/12/2021 01:29 PM] |
| Filing 32 Filed (ECF) Amicus Curiae - Pending North Slope Borough in 21-35085, 21-35095 reply to response (). Date of service: 02/11/2021. [12001273] [21-35085, 21-35095] (Kade, Tyson) [Entered: 02/11/2021 04:13 PM] |
| Filing 31 Entered appearance of Amicus Curiae - Pending North Slope Borough. [12001085] [21-35085, 21-35095] (SML) [Entered: 02/11/2021 03:06 PM] |
| Filing 30 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society in 21-35085 Correspondence: Notice regarding transcript designation. Date of service: 02/11/2021 [12000538] [21-35085, 21-35095] (Psarianos, Bridget) [Entered: 02/11/2021 10:55 AM] |
| Filing 29 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 25 ]. Original Text: Filed (ECF) Appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc. in 21-35095 reply to response (). Date of service: 02/11/2021. [12000292] [21-35095, 21-35085] (Lieb, Jeremy) [Entered: 02/11/2021 09:02 AM] |
| Filing 28 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society in 21-35085 Unopposed Motion to file oversized brief. Date of service: 02/11/2021. [12000259] [21-35085, 21-35095] (Psarianos, Bridget) [Entered: 02/11/2021 08:44 AM] |
| Filing 27 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society in 21-35085 reply to response (motion for injunction pending appeal). Date of service: 02/11/2021. [12000255] [21-35085, 21-35095] (Psarianos, Bridget) [Entered: 02/11/2021 08:43 AM] |
| Filing 26 Filed (ECF) Appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc. in 21-35095 Unopposed Motion for miscellaneous relief [FOR LEAVE TO FILE OVERLENGTH REPLY IN SUPPORT OF EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL]. Date of service: 02/11/2021. [12000149] [21-35095, 21-35085] (Lieb, Jeremy) [Entered: 02/11/2021 04:39 AM] |
| Filing 25 Filed (ECF) Appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc. in 21-35095 reply to response (). Date of service: 02/11/2021. [12000148] [21-35095, 21-35085] (Lieb, Jeremy) [Entered: 02/11/2021 04:26 AM] |
| Filing 24 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society in 21-35085 response opposing motion ([ # 23 ] Motion (ECF Filing), [ # 23 ] Motion (ECF Filing)). Date of service: 02/10/2021. [12000126] [21-35085, 21-35095] (Psarianos, Bridget) [Entered: 02/10/2021 09:28 PM] |
| Filing 23 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by North Slope Borough. Date of service: 02/10/2021. [12000116] [21-35085, 21-35095] (Kade, Tyson) [Entered: 02/10/2021 08:03 PM] |
| Filing 22 Filed (ECF) Appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc. in 21-35095 Correspondence: NOTICE REGARDING TRANSCRIPT DESIGNATION (no transcripts will be ordered).. Date of service: 02/10/2021 [12000020] [21-35095, 21-35085] (Lieb, Jeremy) [Entered: 02/10/2021 05:14 PM] |
| Filing 21 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society in 21-35085 Correspondence: Plaintiffs-Appellants' Notice of Opposition to State of Alaska's Submission of Amicus Brief at Docket 20-1. Date of service: 02/10/2021 [11999817] [21-35085, 21-35095] (Psarianos, Bridget) [Entered: 02/10/2021 03:43 PM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by STATE OF ALASKA'S AMICUS BRIEF SUPPORTING BUREAU OF LAND MANAGEMENT AND CONOCOPHILLIPS OPPOSITION TO PRELIMINARY INJUNCTION AND SUPPORTING THE DISTRICT COURT'S INITIAL DECISION TO DENY INJUNCTIVE RELIEF. Date of service: 02/10/2021. [11999306] [21-35085, 21-35095] (Ptacin, John) [Entered: 02/10/2021 12:43 PM] |
| Filing 19 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society in 21-35085 response opposing motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 02/10/2021. [11999073] [21-35085, 21-35095] (Psarianos, Bridget) [Entered: 02/10/2021 11:13 AM] |
| Filing 18 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Arctic Slope Regional Corporation. Date of service: 02/10/2021. [11998961] [21-35085, 21-35095] (Fjelstad, Eric) [Entered: 02/10/2021 10:16 AM] |
| Filing 17 Filed (ECF) Appellee Conocophillips Alaska, Inc. in 21-35085, 21-35095 Unopposed Motion to file oversized brief. Date of service: 02/10/2021. [11998769] [21-35085, 21-35095] (Morgan, Jason) [Entered: 02/10/2021 08:58 AM] |
| Filing 16 Filed (ECF) Appellee Conocophillips Alaska, Inc. in 21-35085, 21-35095 response opposing motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing), [ # 10 ] Motion (ECF Filing), [ # 10 ] Motion (ECF Filing)). Date of service: 02/10/2021. [11998760] [21-35085, 21-35095] (Morgan, Jason) [Entered: 02/10/2021 08:55 AM] |
| Filing 15 Filed (ECF) Appellees BLM, Scott de la Vega, David Hobbie, Chad Padgett, United States Army Corps of Engineers, USDOI and USFWS in 21-35085, Appellees Scott de la Vega, Chad Padgett, USDOI and USFWS in 21-35095 Unopposed Motion to file oversized brief. Date of service: 02/10/2021. [11998685] [21-35085, 21-35095] (Kranz, Erika) [Entered: 02/10/2021 08:07 AM] |
| Filing 14 Filed (ECF) Appellees USFWS, USDOI, Chad Padgett, David Hobbie and BLM in 21-35085, Appellees USFWS, USDOI and Chad Padgett in 21-35095 response opposing motion ([ # 10 ] Motion (ECF Filing), [ # 10 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing)). Date of service: 02/10/2021. [11998683] [21-35085, 21-35095] (Kranz, Erika) [Entered: 02/10/2021 08:05 AM] |
| Filing 13 The Mediation Questionnaire for this case was filed on 02/08/2021. 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.[11996946]. [21-35085] (AD) [Entered: 02/08/2021 06:44 PM] |
| Filing 12 Filed (ECF) Appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc. in 21-35095 Mediation Questionnaire. Date of service: 02/08/2021. [11996599] [21-35095, 21-35085] (Lieb, Jeremy) [Entered: 02/08/2021 03:45 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: MN): setting response of to. Response due 02/10/2021. The court has received appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc.s emergency motion for an injunction pending appeal. The schedule for appellants Sovereign Inupiat for a Living Artic, Alaska Wilderness League, Defenders of Wildlife, Northern Alaska Environmental Center, Sierra Club and The Wilderness Societys motion, and appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc.s motion, shall proceed as follows: The responses to the motions are due by 9:00 a.m. (PST) on February 10, 2021. The optional replies in support of the motions are due by 9:00 a.m. (PST) on February 11, 2021. [11995827] [21-35085, 21-35095] (JPD) [Entered: 02/08/2021 10:56 AM] |
| Filing 10 Filed (ECF) Appellants Center for Biological Diversity, Friends of the Earth and Greenpeace, Inc. in 21-35095 EMERGENCY Motion for injunction pending appeal. Date of service: 02/05/2021. [11995173] [21-35095, 21-35085] (Lieb, Jeremy) [Entered: 02/05/2021 10:06 PM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 02/05/2021. 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.[11995139]. [21-35085] (AD) [Entered: 02/05/2021 06:46 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motion for an injunction pending appeal in No. 21-35085. Any response to the motion is due by 9:00 a.m. (PST) on February 10, 2021. An optional reply in support of the motion is due by 9:00 a.m. (PST) on February 11, 2021. [11995072] [21-35085, 21-35095] (JPD) [Entered: 02/05/2021 05:07 PM] |
| Filing 7 Filed (ECF) Appellants Alaska Wilderness League, Northern Alaska Environmental Center, Sovereign Inupiat for a Living Arctic, The Wilderness Society, DOW and Sierra Club Mediation Questionnaire. Date of service: 02/05/2021. [11994855] [21-35085] (Psarianos, Bridget) [Entered: 02/05/2021 03:46 PM] |
| Filing 6 Filed (ECF) Appellants Alaska Wilderness League, DOW, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and The Wilderness Society EMERGENCY Motion for injunction pending appeal. Date of service: 02/05/2021. [11994834] [21-35085] --[COURT UPDATE: Spread to case 21-35095. 2/8/2021 by TYL] (Psarianos, Bridget) [Entered: 02/05/2021 03:39 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: TSP): Preliminary injunction appeal Nos. 21-35085 and 21-35095 are consolidated. Ninth Circuit Rule 3-3 applies to these consolidated appeals. The mediation questionnaires are due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The opening briefs and excerpts of record are due not later than March 3, 2021; the consolidated answering briefs are due March 31, 2021 or 28 days after service of the opening briefs, whichever is earlier; and the optional reply briefs are due within 21 days after service of the consolidated answering briefs. See 9th Cir. R. 3-3(b). All parties on a side are encouraged to join in a single brief to the greatest extent practicable. See Circuit Advisory Committee Note to 9th Cir. R. 32-2. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). [11993334] [21-35095, 21-35085] (RT) [Entered: 02/04/2021 03:24 PM] |
| Filing 4 Added Attorney(s) Erika B. Kranz for party(s) Appellee David Hobbie Appellee USFWS Appellee BLM Appellee Scott de la Vega Appellee USDOI Appellee United States Army Corps of Engineers Appellee Chad Padgett, in case 21-35085. [11992921] (NAC) [Entered: 02/04/2021 01:17 PM] |
| Filing 3 Filed (ECF) notice of appearance of Erika Barnes Kranz (U.S. Department of Justice Environment & Natural Resources Division P.O. Box 7415 Washington, DC 20044) for Appellees BLM, Scott de la Vega, David Hobbie, Chad Padgett, United States Army Corps of Engineers, USDOI and USFWS. Date of service: 02/04/2021. (Party was previously proceeding with counsel.) [11992874] [21-35085] (Kranz, Erika) [Entered: 02/04/2021 01:01 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 2, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than March 2, 2021; the answering brief is due March 30, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11991926] (RT) [Entered: 02/03/2021 04:21 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction. C.R. 3-3. [11990974] (RT) [Entered: 02/03/2021 09:56 AM] |
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