Neighbors Agst Bison Slaughter, et al v. Nat'l Park Service, et al
| UNITED STATES FOREST SERVICE, NATIONAL PARK SERVICE, SCOTT DE LA VEGA, Acting Secretary of the Interior, in his official capacity, CAM SHOLLY, Superintendent of Yellowstone National Park, in his official capacity, KEVIN SHEA, Acting Secretary of the Department of Agriculture, in his official capacity, DEBRA ANNE HAALAND, in her official capacity as Secretary of the Interior and TOM VILSACK, in his official capacity as Secretary of Agriculture |
| BONNIE LYNN and NEIGHBORS AGAINST BISON SLAUGHTER |
| 21-35144 |
| February 23, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Opinions
We have the following opinions for this case:
| Description |
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| NEIGHBORS AGST BISON SLAUGHTER V. NAT'L PARK SERVICE |
Docket Report
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This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.
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Filing 52
MANDATE ISSUED.(RAP, JHN and RKE) [12480342] (JFF) [Entered: 06/27/2022 10:06 AM]
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Filing 51
Filed (ECF) Appellants Neighbors Against Bison Slaughter and Bonnie Lynn Correspondence: Notice of Status Report. Date of service: 06/03/2022 [12463069] [21-35144] (Thurlow, Matthew) [Entered: 06/03/2022 12:47 PM]
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Filing 50
Appellees Scott de la Vega and Kevin Shea in 21-35144 substituted by Appellees Debra Anne Haaland and Tom Vilsack in 21-35144 [12436637] (SLM) [Entered: 05/03/2022 08:43 AM]
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Filing 49
FILED MEMORANDUM DISPOSITION (RICHARD A. PAEZ, JACQUELINE H. NGUYEN and RICHARD K. EATON) The parties shall bear their own costs on appeal. AFFIRMED. FILED AND ENTERED JUDGMENT. [12436620] (JN) [Entered: 05/03/2022 08:28 AM]
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Filing 48
Attorneys Erika B. Kranz substituted by Attorneys Robert Lundman [12390087] (JFF) [Entered: 03/09/2022 09:30 AM]
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Filing 47
Filed (ECF) notice of appearance of Robert J. Lundman (U.S. Department of Justice, Environment & Natural Resources Division Post Office Box 7415 Washington, D.C. 20044) for Appellees Scott de la Vega, National Park Service, Kevin Shea, Cam Sholly and USFS. Substitution for Attorney Erika B. Kranz for Appellees Scott de la Vega, National Park Service, Kevin Shea, Cam Sholly and USFS. Date of service: 03/09/2022. (Party was previously proceeding with counsel.) [12389931] [21-35144] (Lundman, Robert) [Entered: 03/09/2022 06:59 AM]
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Filing 46
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/ [12368160] (KAD) [Entered: 02/11/2022 02:39 PM]
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Filing 45
ARGUED AND SUBMITTED TO RICHARD A. PAEZ, JACQUELINE H. NGUYEN and RICHARD K. EATON. [12367703] (KAD) [Entered: 02/11/2022 11:35 AM]
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Filing 44
Filed (ECF) Appellants Neighbors Against Bison Slaughter and Bonnie Lynn citation of supplemental authorities. Date of service: 01/28/2022. [12354020] [21-35144] (Thurlow, Matthew) [Entered: 01/28/2022 08:27 AM]
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Filing 43
Filed clerk order (Deputy Clerk: WL): Oral argument in this case shall be limited to 10 minutes per side. [12353414] (WL) [Entered: 01/27/2022 01:21 PM]
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Filing 42
Filed (ECF) Acknowledgment of hearing notice by Attorney Erika B. Kranz for Appellees Scott de la Vega, National Park Service, Kevin Shea, Cam Sholly and USFS. Hearing in Portland on 02/11/2022 at 09:00 A.M. (Courtroom: 2nd Floor Courtroom). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/14/2022. [12341572] [21-35144] (Kranz, Erika) [Entered: 01/14/2022 02:19 PM]
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Filing 41
Filed (ECF) Acknowledgment of hearing notice by Attorney Matthew D. Thurlow for Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. Hearing in Portland on 02/11/2022 at 09:00 A.M. (Courtroom: 2nd Floor Courtroom). Filer sharing argument time: No. (Argument minutes: 15) 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: 01/10/2022. [12335810] [21-35144] (Thurlow, Matthew) [Entered: 01/10/2022 12:34 PM]
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| Filing 40 Notice of Oral Argument on Friday, February 11, 2022 - 09:00 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR. 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. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . 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 Friday, February 11, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12298983]. [21-35144] (KS) [Entered: 11/28/2021 06:10 AM] |
| Filing 39 Received 6 paper copies of Reply Brief [ # 37 ] filed by Bonnie Lynn and Neighbors Against Bison Slaughter. [12276979] (SD) [Entered: 11/03/2021 11:14 AM] |
| Filing 38 Filed clerk order: The reply brief [ # 37 ] submitted by Bonnie Lynn and Neighbors Against Bison Slaughter 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. [12275623] (KT) [Entered: 11/02/2021 11:24 AM] |
| Filing 37 Submitted (ECF) Reply Brief for review. Submitted by Appellants Neighbors Against Bison Slaughter and Bonnie Lynn. Date of service: 11/02/2021. [12275534] [21-35144] (Thurlow, Matthew) [Entered: 11/02/2021 10:53 AM] |
| Filing 36 This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland sitting dates for February 2022 and the 2 subsequent sitting months in that location 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).[12261933]. [21-35144] (KS) [Entered: 10/19/2021 03:21 PM] |
| Filing 35 Filed clerk order (Deputy Clerk: MKS): Appellants unopposed motion (Docket Entry No. [ # 27 ]) to voluntarily dismiss certain issues raised in the appeal is granted. Appellees opposed request (included in Docket Entry No. [ # 30 ]) for leave to submit new briefing is denied. The appeal will proceed on the existing briefing as to the remaining issue. The optional reply brief remains due November 2, 2021. [12260183] (OC) [Entered: 10/18/2021 02:40 PM] |
| Filing 34 Received 3 paper copies of supplemental excerpts of record [ # 25 ] in 1 volume(s) filed by Appellees. [12259924] (KT) [Entered: 10/18/2021 12:47 PM] |
| Filing 33 Received 6 paper copies of Answering Brief [ # 24 ] filed by appellees. [12259553] (CPA) [Entered: 10/18/2021 09:45 AM] |
| Filing 32 Filed (ECF) Appellants Neighbors Against Bison Slaughter and Bonnie Lynn reply to response (motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/18/2021. [12259408] [21-35144] (Thurlow, Matthew) [Entered: 10/18/2021 08:42 AM] |
| Filing 31 Filed UNDER SEAL Appellants Bonnie Lynn and Neighbors Against Bison Slaughter opposition to motion to extend time to file brief. Served on 10/07/2021. (Court-entered filing per order [ # 29 ]) [12258941] (OC) [Entered: 10/15/2021 03:28 PM] |
| Filing 30 Filed (ECF) Appellees National Park Service, USFS, Scott de la Vega, Cam Sholly and Kevin Shea response to motion ([ # 27 ] Motion (ECF Filing), [ # 27 ] Motion (ECF Filing)). Date of service: 10/15/2021. [12258561] [21-35144] (Kranz, Erika) [Entered: 10/15/2021 01:18 PM] |
| Filing 29 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [23]) to file under seal the opposition to appellees motion for an extension of time to file the answering brief is granted. The Clerk will publicly file the motion (Docket Entry No. 23-1). The Clerk will file under seal the unredacted opposition (Docket Entry No. 23-2). Appellees opposed motion (Docket Entry No. [ # 21 ]) for an extension of time to file the answering brief is denied as moot. The answering brief has been filed. The optional reply brief is due November 2, 2021. [12258507] (OC) [Entered: 10/15/2021 12:43 PM] |
| Filing 28 Filed Appellants Bonnie Lynn and Neighbors Against Bison Slaughter unopposed motion to file unredacted opposition UNDER SEAL. Deficiencies: None. Served on 10/07/2021. (Court-entered filing of motion submitted under seal at [23]) [12258498] (OC) [Entered: 10/15/2021 12:40 PM] |
| Filing 27 Filed (ECF) Appellants Neighbors Against Bison Slaughter and Bonnie Lynn Motion for miscellaneous relief [Partial Voluntary Dismissal of Claims]. Date of service: 10/15/2021. [12258129] [21-35144] (Thurlow, Matthew) [Entered: 10/15/2021 09:31 AM] |
| Filing 26 Filed clerk order: The answering brief [ # 24 ] submitted by appellees 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 [ # 25 ] submitted by appellees 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. [12255906] (JMR) [Entered: 10/13/2021 02:34 PM] |
| Filing 25 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees National Park Service, USFS, Cam Sholly, Kevin Shea and Scott de la Vega. Date of service: 10/12/2021. [12254192] [21-35144] (Kranz, Erika) [Entered: 10/12/2021 02:03 PM] |
| Filing 24 Submitted (ECF) Answering Brief for review. Submitted by Appellees National Park Service, USFS, Cam Sholly, Scott de la Vega and Kevin Shea. Date of service: 10/12/2021. [12254172] [21-35144] (Kranz, Erika) [Entered: 10/12/2021 01:58 PM] |
| Filing 23 Filed (ECF) UNDER SEAL Appellants Neighbors Against Bison Slaughter and Bonnie Lynn motion to file document under seal and submit sealed document. Type of document: other (UNDER SEAL OPPOSITION TO MOTION FOR EXTENSION OF TIME FOR ANSWERING BRIEF). Date of service: 10/07/2021. [12250272] [21-35144] (Thurlow, Matthew) [Entered: 10/07/2021 08:47 AM] |
| Filing 22 Filed (ECF) Appellants Neighbors Against Bison Slaughter and Bonnie Lynn response opposing motion ([ # 21 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 10/07/2021. [12250254] [21-35144] (Thurlow, Matthew) [Entered: 10/07/2021 08:34 AM] |
| Filing 21 Filed (ECF) Appellees Scott de la Vega, National Park Service, Kevin Shea, Cam Sholly and USFS Motion to extend time to file Answering brief until 11/12/2021. Date of service: 10/06/2021. [12250067] [21-35144] (Kranz, Erika) [Entered: 10/06/2021 05:07 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 19 ] (ECF Filing) filed by Appellees USFS, National Park Service, Kevin Shea, Cam Sholly and Scott de la Vega; Appellees National Park Service, Kevin Shea, Cam Sholly, United States Forest Service and Scott de la Vega answering brief due 10/12/2021. The optional reply brief is due 21 days after service of the answering brief. [12187871] (GS) [Entered: 07/30/2021 11:16 AM] |
| Filing 19 Filed (ECF) Appellees National Park Service, USFS, Cam Sholly, Scott de la Vega and Kevin Shea Unopposed Motion to extend time to file Answering brief until 10/12/2021. Date of service: 07/29/2021. [12186264] [21-35144] (Kranz, Erika) [Entered: 07/29/2021 08:09 AM] |
| Filing 18 Received 6 paper copies of Opening Brief [ # 14 ] filed by Bonnie Lynn and Neighbors Against Bison Slaughter. [12176617] (SD) [Entered: 07/19/2021 03:32 PM] |
| Filing 17 Received 3 paper copies of excerpts of record [ # 15 ] in 4 volume(s) and index volume filed by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. [12175917] (KWG) [Entered: 07/19/2021 10:34 AM] |
| Filing 16 Filed clerk order: The opening brief [ # 14 ] submitted by Bonnie Lynn and Neighbors Against Bison Slaughter 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 [ # 15 ] submitted by Bonnie Lynn and Neighbors Against Bison Slaughter 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. [12173373] (KT) [Entered: 07/15/2021 11:18 AM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellants Neighbors Against Bison Slaughter and Bonnie Lynn. Date of service: 07/14/2021. [12173019] [21-35144] (Thurlow, Matthew) [Entered: 07/14/2021 08:06 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. Date of service: 07/14/2021. [12173013] [21-35144] (Thurlow, Matthew) [Entered: 07/14/2021 07:05 PM] |
| Filing 13 Streamlined request [12] by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter to extend time to file the brief is approved. Amended briefing schedule: Appellants Bonnie Lynn and Neighbors Against Bison Slaughter opening brief due 07/14/2021. Appellees National Park Service, Kevin Shea, Cam Sholly, United States Forest Service and Scott de la Vega answering brief due 08/13/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12129776] (BG) [Entered: 06/01/2021 02:20 PM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. New requested due date is 07/14/2021. [12129466] [21-35144] (Thurlow, Matthew) [Entered: 06/01/2021 11:45 AM] |
| Filing 11 Filed order (RICHARD A. PAEZ, MARSHA S. BERZON and DANIELLE J. HUNSAKER) Appellants motion for leave to file a reply in support of their response to the March 12, 2021 order to show cause (Docket Entry No [ # 10 ]) is granted. The March 12, 2021 order to show cause is discharged. In addition to all other issues the parties wish to raise in their briefs, the parties shall address whether this court has jurisdiction over the appeal. See Alsea Valley All. v. Dept of Com., 358 F.3d 1181, 1184 (9th Cir. 2004) (reiterating standard for finality of remand orders and observing that remand orders generally are not final decisions for purposes of section 1291 (citing Chugach Alaska Corp. v. Lujan, 915 F.2d 454, 457 (9th Cir. 1990))). Appellants opening brief and excerpts of record are due June 14, 2021; Appellees consolidated answering brief is due July 14, 2021; and the optional reply brief is due within 21 days after service of the answering brief. [12113412] (OC) [Entered: 05/14/2021 12:55 PM] |
| Filing 10 Filed (ECF) Appellants Bonnie Lynn and Neighbors Against Bison Slaughter Motion for miscellaneous relief [Motion to file reply in support of response to order to show cause; Filing includes Reply to Response to Order to Show cause]. Date of service: 04/14/2021. [12074401] [21-35144]--[COURT UPDATE: Updated docket text to reflect content of filing. 04/14/2021 by SLM] (Thurlow, Matthew) [Entered: 04/14/2021 03:00 PM] |
| Filing 9 Filed (ECF) Appellees National Park Service, USFS, Cam Sholly, Scott de la Vega and Kevin Shea reply to response to order to show cause dated 03/12/2021. Date of service: 04/12/2021. [12070852] [21-35144] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 4/13/2021 by TYL] (Kranz, Erika) [Entered: 04/12/2021 01:25 PM] |
| Filing 8 Filed (ECF) Appellants Bonnie Lynn and Neighbors Against Bison Slaughter response to order to show cause dated 03/12/2021. Date of service: 04/02/2021. [12061898] [21-35144] (Thurlow, Matthew) [Entered: 04/02/2021 11:23 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the challenged order may not be final or appealable. See 28 U.S.C. 1291; Alsea Valley All. v. Dept of Com., 358 F.3d 1181, 1184 (9th Cir. 2004) (reiterating standard for finality of remand orders and observing that remand orders generally are not final decisions for purposes of section 1291 (citing Chugach Alaska Corp. v. Lujan, 915 F.2d 454, 457 (9th Cir. 1990))). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12039620] (OC) [Entered: 03/12/2021 01:21 PM] |
| Filing 6 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12027599] (CL) [Entered: 03/08/2021 12:24 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 03/02/2021. 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.[12021552]. [21-35144] (AD) [Entered: 03/02/2021 12:44 PM] |
| Filing 4 Filed (ECF) Appellants Bonnie Lynn and Neighbors Against Bison Slaughter Mediation Questionnaire. Date of service: 03/02/2021. [12020986] [21-35144] (Thurlow, Matthew) [Entered: 03/02/2021 08:51 AM] |
| Filing 3 Added Attorney(s) Erika B. Kranz for party(s) Appellee Kevin Shea Appellee Scott de la Vega Appellee USFS Appellee Cam Sholly Appellee National Park Service, in case 21-35144. [12018573] (JFF) [Entered: 02/26/2021 03:51 PM] |
| Filing 2 Filed (ECF) notice of appearance of Erika Barnes Kranz (U.S. Department of Justice, Environment & Natural Resources Division, P.O. Box 7415 Ben Franklin Station, Washington, DC 20044) for Appellees National Park Service, USFS, Scott de la Vega, Kevin Shea and Cam Sholly. Date of service: 02/26/2021. (Party was previously proceeding with counsel.) [12017639] [21-35144] (Kranz, Erika) [Entered: 02/26/2021 09:38 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Bonnie Lynn and Neighbors Against Bison Slaughter Mediation Questionnaire due on 03/02/2021. Appellants Bonnie Lynn and Neighbors Against Bison Slaughter opening brief due 04/23/2021. Appellees National Park Service, Kevin Shea, Cam Sholly, United States Forest Service and Scott de la Vega answering brief due 05/24/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12014201] (JBS) [Entered: 02/23/2021 04:08 PM] |
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