Bartell Ranch LLC, et al v. Ester McCullough, et al
| WESTERN WATERSHEDS PROJECT, WILDLANDS DEFENSE, GREAT BASIN RESOURCE WATCH and BASIN AND RANGE WATCH |
| BARTELL RANCH LLC and EDWARD BARTELL |
| RENO-SPARKS INDIAN COLONY, BURNS PAIUTE TRIBE and ATSA KOODAKUH WYH NUWU PEOPLE OF RED MOUNTAIN |
| ESTER M. MCCULLOUGH, District Manager, BUREAU OF LAND MANAGEMENT and U.S. DEPARTMENT OF THE INTERIOR |
| LITHIUM NEVADA CORPORATION |
| 23-15262 |
| February 24, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Opinions
We have the following opinions for this case:
| Description |
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| BARTELL RANCH LLC, ET AL V. ESTER MCCULLOUGH, ET AL |
Docket Report
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This docket was last retrieved on April 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 44 Notice of Oral Argument on Monday, June 26, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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 Monday, June 26, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12696303]. [23-15259, 23-15261, 23-15262] (KS) [Entered: 04/16/2023 06:08 AM] |
| Filing 43 Received 6 paper copies of Opening Brief [ # 34 ] filed by Western Watersheds Project, et al. [12688909] [23-15259, 23-15261, 23-15262] (SD) [Entered: 04/04/2023 02:39 PM] |
| Filing 42 Received 3 paper copies of excerpts of record [ # 35 ] in 5 volume(s) and index volume filed by Appellants Western Watersheds Project, et al. [12688904] [23-15259, 23-15261, 23-15262] (SD) [Entered: 04/04/2023 02:37 PM] |
| Filing 41 Received 3 paper copies of excerpts of record [ # 33 ] in 5 volume(s) and index volume filed by Edward Bartell and Bartell Ranch LLC. [12687980] [23-15259, 23-15261, 23-15262] (CPA) [Entered: 04/03/2023 04:03 PM] |
| Filing 40 Received 6 paper copies of Opening Brief [ # 32 ] filed by Edward Bartell and Bartell Ranch LLC. [12687952] [23-15259, 23-15261, 23-15262] (CPA) [Entered: 04/03/2023 03:49 PM] |
| Filing 39 Filed clerk order (Deputy Clerk: WL): Appellees and Intervenors Unopposed Joint Motion to Amend Briefing Schedule (Dkt. [ # 38 ]) is GRANTED. The answering briefs are due by April 28, 2023, and the reply brief is due by May 26, 2023. [12687398] [23-15259, 23-15261, 23-15262] (WL) [Entered: 04/03/2023 10:24 AM] |
| Filing 38 Filed (ECF) Appellees BLM, Ester M. McCullough and USDOI in 23-15259, 23-15262 Unopposed Motion to extend time to file Answering brief until 04/28/2023. Date of service: 03/29/2023. [12685258] [23-15259, 23-15261, 23-15262] (Yowell, Amelia) [Entered: 03/29/2023 05:10 PM] |
| Filing 37 Filed clerk order: The opening brief [ # 34 ] submitted by Western Watersheds Project; 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: blue. The excerpts of record [ # 35 ] submitted by Western Watersheds Project; 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. [12683345] [23-15259, 23-15261, 23-15262] (SML) [Entered: 03/28/2023 09:43 AM] |
| Filing 36 Filed clerk order: The opening brief [ # 32 ] submitted by Edward Bartell and Bartell Ranch LLC 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 [ # 33 ] submitted by Edward Bartell and Bartell Ranch LLC 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. [12681977] [23-15259, 23-15261, 23-15262] (SML) [Entered: 03/27/2023 08:47 AM] |
| Filing 35 Submitted (ECF) excerpts of record. Submitted by Appellants Western Watersheds Project, Great Basin Resource Watch, Basin and Range Watch and Wildlands Defense in 23-15259. Date of service: 03/24/2023. [12681769] [23-15259, 23-15261, 23-15262]--[COURT UPDATE: Attached corrected excerpts. 03/28/2023 by SML] (Brooks, Talasi) [Entered: 03/24/2023 05:54 PM] |
| Filing 34 Submitted (ECF) Opening Brief for review. Submitted by Appellants Western Watersheds Project, Great Basin Resource Watch, Basin and Range Watch and Wildlands Defense in 23-15259. Date of service: 03/24/2023. [12681756] [23-15259, 23-15261, 23-15262]--[COURT UPDATE: Attached corrected brief. 03/28/2023 by SML] (Brooks, Talasi) [Entered: 03/24/2023 05:09 PM] |
| Filing 33 Submitted (ECF) excerpts of record. Submitted by Appellants Bartell Ranch LLC and Edward Bartell in 23-15262. Date of service: 03/24/2023. [12681372] [23-15262, 23-15259, 23-15261]--[COURT UPDATE: Attached corrected excerpts. 03/27/2023 by SML] (Carollo, Dominic) [Entered: 03/24/2023 12:59 PM] |
| Filing 32 Submitted (ECF) Opening Brief for review. Submitted by Appellants Bartell Ranch LLC and Edward Bartell in 23-15262. Date of service: 03/24/2023. [12681357] [23-15262, 23-15259, 23-15261]--[COURT UPDATE: Attached corrected brief. 03/27/2023 by SML] (Carollo, Dominic) [Entered: 03/24/2023 12:37 PM] |
| Filing 31 Submitted (ECF) UNDER SEAL excerpts of record Volumes 3 and 4. Submitted by Appellant Burns Paiute Tribe in 23-15261. Date of service: 03/22/2023. (Court-entered filing, excerpts of record originally submitted in [29].) [12680194] [23-15259, 23-15261, 23-15262] (SML) [Entered: 03/23/2023 09:48 AM] |
| Filing 30 Filed Appellant Burns Paiute Tribe in 23-15261 motion to file excerpts of record volumes 3 and 4 UNDER SEAL. Deficiencies: None. Served on 03/22/2023. (Court-entered filing of motion submitted under seal at [29]) [12680190] [23-15259, 23-15261, 23-15262] (SML) [Entered: 03/23/2023 09:44 AM] |
| Filing 29 Filed (ECF) UNDER SEAL Appellant Burns Paiute Tribe in 23-15261 motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 03/22/2023. [12679894] [23-15259, 23-15261, 23-15262] (Eichstaedt, Richard) [Entered: 03/22/2023 04:10 PM] |
| Filing 28 Submitted (ECF) excerpts of record. Submitted by Appellant Burns Paiute Tribe in 23-15261. Date of service: 03/22/2023. [12679770] [23-15261, 23-15259, 23-15262] (Eichstaedt, Richard) [Entered: 03/22/2023 02:57 PM] |
| Filing 27 Submitted (ECF) Opening Brief for review. Submitted by Appellant Burns Paiute Tribe in 23-15261. Date of service: 03/22/2023. [12679670] [23-15261, 23-15259, 23-15262] (Eichstaedt, Richard) [Entered: 03/22/2023 02:07 PM] |
| Filing 26 Filed (ECF) Attorney Mr. Richard Kirk Eichstaedt for Appellant Burns Paiute Tribe in 23-15261 response to notice for case being considered for oral argument. Date of service: 03/03/2023. [12667068] [23-15259, 23-15261, 23-15262] (Eichstaedt, Richard) [Entered: 03/03/2023 03:20 PM] |
| Filing 25 The Mediation Questionnaire for this case was filed on 03/03/2023. 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.[12666847]. [23-15262] (AD) [Entered: 03/03/2023 12:44 PM] |
| Filing 24 Filed (ECF) Appellants Bartell Ranch LLC and Edward Bartell in 23-15262 Mediation Questionnaire. Date of service: 03/03/2023. [12666516] [23-15262, 23-15259, 23-15261] (Carollo, Dominic) [Entered: 03/03/2023 09:11 AM] |
| Filing 23 Filed (ECF) Attorney Mr. Roger Flynn for Appellants Basin and Range Watch, Great Basin Resource Watch, Western Watersheds Project and Wildlands Defense in 23-15259 response to notice for case being considered for oral argument. Date of service: 03/02/2023. [12666306] [23-15259, 23-15261, 23-15262] (Flynn, Roger) [Entered: 03/02/2023 03:11 PM] |
| Filing 22 Filed (ECF) Appellant Burns Paiute Tribe in 23-15261 Mediation Questionnaire. Date of service: 03/02/2023. [12666286] [23-15259, 23-15261, 23-15262] (Eichstaedt, Richard) [Entered: 03/02/2023 03:00 PM] |
| Filing 21 This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for June 26-30, 2023 at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 immediately 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 immediately , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). [12666090] [23-15259, 23-15261, 23-15262] (CSR) [Entered: 03/02/2023 01:47 PM] |
| Filing 20 The Mediation Questionnaire for this case was filed on 03/02/2023. 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.[12665980]. [23-15262] (AD) [Entered: 03/02/2023 12:44 PM] |
| Filing 19 Filed (ECF) Appellants Basin and Range Watch, Great Basin Resource Watch, Western Watersheds Project and Wildlands Defense in 23-15259 Mediation Questionnaire. Date of service: 03/02/2023. [12665662] [23-15259, 23-15261, 23-15262] (Brooks, Talasi) [Entered: 03/02/2023 09:36 AM] |
| Filing 18 Filed order (MILAN D. SMITH, JR. and DANIEL A. BRESS) The parties motions to file combined and oversized responses and replies (Docket Entry No. [ # 12663667-4 ], [ # 12663675-4 ], [ # 12664011-4 ] in No. 23-15259; Docket Entry No. [ # 13 ] in No. 23-15262) in connection with the motions for injunctive relief are granted. The motions for injunctive relief pending appeal (Docket Entry No. [ # 12662014-4 ] in No. 23-15259; Docket Entry No. [ # 4 ] in No. 23-15262) are denied. See Feldman v. Ariz. Secy of States Office, 843 F.3d 366, 367 (9th Cir. 2016) (discussing standard for injunction pending appeal). The motion to set a briefing schedule on the emergency motions for injunction (Docket Entry No. [ # 12662423-4 ] in No. 23-15259) is denied as moot. We sua sponte consolidate and expedite these appeals. Appeal Nos. 23-15259, 23-15261 and 23-15262 are consolidated. The opening briefs are due March 24, 2023. The consolidated answering briefs are due April 14, 2023. The optional reply briefs are due within 14 days after service of the last-served consolidated answering brief. 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. The Clerk will place these appeals on the June 2023 calendar. See 9th Cir. Gen. Order 3.3(f). [12664784] [23-15259, 23-15261, 23-15262] (OC) [Entered: 03/01/2023 11:30 AM] |
| Filing 17 Filed (ECF) Appellants Bartell Ranch LLC and Edward Bartell reply to response (). Date of service: 02/28/2023. [12664003] [23-15262] (Carollo, Dominic) [Entered: 02/28/2023 02:43 PM] |
| Filing 16 Filed (ECF) Appellee Lithium Nevada Corporation corporate disclosure statement. Date of service: 02/28/2023. [12663687] [23-15262] (Granier, Laura) [Entered: 02/28/2023 12:04 PM] |
| Filing 15 Filed (ECF) Appellee Lithium Nevada Corporation response to motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 02/28/2023. [12663682] [23-15262] (Granier, Laura) [Entered: 02/28/2023 12:00 PM] |
| Filing 14 Filed (ECF) Appellees BLM, USDOI and Ester M. McCullough Correspondence: Exhibits in support. Date of service: 02/28/2023. [12663676] [23-15262] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 03/01/2023 by TYL] (Richmond, Benjamin) [Entered: 02/28/2023 11:57 AM] |
| Filing 13 Filed (ECF) Appellees BLM, Ester M. McCullough and USDOI Unopposed Motion for miscellaneous relief [Motion to file over-length response]. Date of service: 02/28/2023. [12663672] [23-15262] --[COURT UPDATE: Updated docket text to reflect content of filing. 02/28/2023 by TYL] (Yowell, Amelia) [Entered: 02/28/2023 11:56 AM] |
| Filing 12 Filed (ECF) Appellees BLM, Ester M. McCullough and USDOI response opposing motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 02/28/2023. [12663659] [23-15262] (Yowell, Amelia) [Entered: 02/28/2023 11:50 AM] |
| Filing 11 Added Attorney(s) Benjamin Richmond for party(s) Appellee BLM Appellee Ester M. McCullough Appellee USDOI. [12663573] (RL) [Entered: 02/28/2023 11:05 AM] |
| Filing 10 Filed (ECF) notice of appearance of Benjamin Weinstein Richmond (U.S. Department of Justice, Environment and Natural Resources Division, Appellate Section, P.O. Box 7415, Washington DC 20044) for Appellees BLM, Ester M. McCullough and USDOI. Date of service: 02/28/2023. (Party was previously proceeding with counsel.) [12663561] [23-15262] (Richmond, Benjamin) [Entered: 02/28/2023 11:02 AM] |
| Filing 9 Added Attorney(s) Andrew Christopher Lillie for party(s) Appellee Lithium Nevada Corporation. [12663358] (RL) [Entered: 02/28/2023 09:16 AM] |
| Filing 8 Filed (ECF) notice of appearance of Andrew C. Lillie (Holland & Hart, LLP, 555 17th Street, Suite 3200, Denver, CO 80202) for Appellee Lithium Nevada Corporation. Date of service: 02/28/2023. (Party was previously proceeding with counsel.) [12663244] [23-15262] (Lillie, Andrew) [Entered: 02/28/2023 08:02 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motions for an injunction pending appeal in Nos. 23-15259 and 23-15262. Any responses to the emergency motions are due by 12:00 p.m. PST on February 28, 2023. Optional replies in support of the emergency motions are due by 3:00 p.m. PST on February 28, 2023. [12662908] [23-15259, 23-15262] (OC) [Entered: 02/27/2023 03:22 PM] |
| Filing 6 Added Attorney(s) Amelia G. Yowell for party(s) Appellee BLM Appellee Ester M. McCullough Appellee USDOI. [12662581] (RL) [Entered: 02/27/2023 01:45 PM] |
| Filing 5 Filed (ECF) notice of appearance of Amelia G. Yowell (U.S. Department of Justice, Environment and Natural Resources Division, Appellate Section, P.O. Box 7415, Washington DC 20044) for Appellees BLM, Ester M. McCullough and USDOI. Date of service: 02/27/2023. (Party was previously proceeding with counsel.) [12662516] [23-15262] (Yowell, Amelia) [Entered: 02/27/2023 01:09 PM] |
| Filing 4 Filed (ECF) Appellants Bartell Ranch LLC and Edward Bartell EMERGENCY Motion for injunction pending appeal. Date of service: 02/27/2023. [12662481] [23-15262] (Carollo, Dominic) [Entered: 02/27/2023 12:39 PM] |
| Filing 3 Added Attorney(s) Mark D. Gibson for party(s) Appellee Lithium Nevada Corporation. [12662202] (RL) [Entered: 02/27/2023 11:09 AM] |
| Filing 2 Filed (ECF) notice of appearance of Mark D. Gibson (Holland & Hart LLP, 1800 Broadway, Suite 300, Boulder, CO 80302) for Appellee Lithium Nevada Corporation. Date of service: 02/27/2023. (Party was previously proceeding with counsel.) [12662161] [23-15262] (Gibson, Mark) [Entered: 02/27/2023 10:59 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Edward Bartell and Bartell Ranch LLC Mediation Questionnaire due on 03/03/2023. Transcript ordered by 03/24/2023. Transcript due 04/24/2023. Appellants Edward Bartell and Bartell Ranch LLC opening brief due 06/02/2023. Appellees Bureau of Land Management, Lithium Nevada Corporation, Ester M. McCullough and U.S. Department of the Interior answering brief due 07/03/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12660859] (RT) [Entered: 02/24/2023 11:29 AM] |
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