Center for Biological Diversity, et al v. BLM, et al
| CENTER FOR BIOLOGICAL DIVERSITY, DEFENDERS OF WILDLIFE, FRIENDS OF THE EARTH, GREENPEACE, INC. and NATURAL RESOURCES DEFENSE COUNCIL, INC. |
| BUREAU OF LAND MANAGEMENT, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. DEPARTMENT OF THE INTERIOR, NATIONAL MARINE FISHERIES SERVICE, UNITED STATES DEPARTMENT OF COMMERCE, DEB HAALAND, in her official capacity as Secretary of the Interior, TOMMY P. BEAUDREAU, in his official capacity as Deputy Secretary of the Interior, GINA M. RAIMONDO, in her official capacity as Secretary of Commerce, STEVEN COHN, in his official capacity as Alaska State Director of Bureau of Land Management, SARA BOARIO, in her official capacity as Regional Director of United States Fish and Wildlife Service and JONATHAN KURLAND, in his official capacity as Regional Administrator of National Marine Fisheries Service |
| CONOCOPHILLIPS ALASKA, INC., ARCTIC SLOPE REGIONAL CORPORATION, NORTH SLOPE BOROUGH, KUUKPIK CORPORATION and STATE OF ALASKA |
| LEGISLATURE OF THE STATE OF ALASKA, LISA MURKOWSKI, United States Senator, MARY SATTLER PELTOLA, United States Representative and DANIEL SCOTT SULLIVAN, United States Senator |
| 23-35227 |
| April 5, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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| Filing 32 Filed order (Deputy Clerk: MCD): Appellants motions for voluntary dismissal of these appeals (Docket Entry Nos. [ # 30 ], [ # 31 ] in No. 23-35226; Docket Entry Nos. 30, 31 in No. 23-35227) are granted. These appeals are dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [12719666] [23-35226, 23-35227] (WL) [Entered: 05/19/2023 04:34 PM] |
| Filing 31 Filed (ECF) Appellants Center for Biological Diversity, DOW, Friends of the Earth, Greenpeace, Inc. and Natural Resources Defense Council, Inc. in 23-35227 Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/28/2023. [12705444] [23-35227, 23-35226]--[COURT UPDATE: Edited docket text to reflect all party filers. 05/03/2023 by QDL] (Grafe, Erik) [Entered: 04/28/2023 05:16 PM] |
| Filing 30 Filed (ECF) Appellants Alaska Wilderness League, Environment America, Northern Alaska Environmental Center, Sierra Club, Sovereign Inupiat for a Living Arctic and Wilderness Society in 23-35226 Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/28/2023. [12704841] [23-35226, 23-35227] (Psarianos, Bridget) [Entered: 04/28/2023 10:10 AM] |
| Filing 29 Filed order (RICHARD A. PAEZ, PAUL J. WATFORD and DANIELLE J. FORREST): Appellees motions to file combined and oversized responses to the motions for injunctive relief (Docket Entry Nos. [ # 12695323-2 ], [ # 12695499-2 ] in No. 23-35226; Docket Entry Nos. [ # 15 ], [ # 19 ] in No. 23-35227) are granted. The motions of the Alaska Congressional Delegation and Alaska State Legislature to file an amicus curiae brief (Docket Entry No. [ # 12697220-2 ] in No. 23-35226; Docket Entry No. [ # 28 ] in No. 23-35227) in support of appellees responses in opposition to the motions for injunctive relief are granted. The motions for injunctive relief pending appeal (Docket Entry No. [ # 12690084-2 ] in No. 23-35226; Docket Entry No. [ # 5 ] in No. 23-35227) are denied. See Feldman v. Ariz. Secy of States Office, 843 F.3d 366, 367 (9th Cir. 2016) (discussing standard for injunction pending appeal). We sua sponte consolidate these appeals. Appeal Nos. 23-35226 and 23-35227 are consolidated. The opening briefs and excerpts of record are due May 2, 2023. The consolidated answering briefs are due May 30, 2023, or 28 days after service of the last opening brief, whichever is earlier. The optional reply briefs are due within 21 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. [12698977] [23-35226, 23-35227] (AF) [Entered: 04/19/2023 04:04 PM] |
| Filing 28 Filed (ECF) United States Senator Lisa Murkowski, Senator Dan Sullivan, Representative Mary Sattler Peltola and the Alaska State Legislature Motion to become amicus curiae. Date of service: 04/17/2023. [12697222] [23-35227] (Katchen, Jonathan) [Entered: 04/17/2023 05:11 PM] |
| Filing 27 Entered appearance of Amici Curiae - Pending Lisa Murkowski, Daniel Scott Sullivan, Mary Sattler Peltola, and Legislature of the State of Alaska. [12696682] (LA) [Entered: 04/17/2023 11:36 AM] |
| Filing 26 Filed (ECF) Appellee Arctic Slope Regional Corporation corporate disclosure statement. Date of service: 04/16/2023. [12696321] [23-35227] (Bosshardt, Stacey) [Entered: 04/16/2023 10:16 AM] |
| Filing 25 Filed (ECF) Appellants Center for Biological Diversity, DOW, Friends of the Earth, Greenpeace, Inc. and Natural Resources Defense Council, Inc. reply to response (). Date of service: 04/14/2023. [12696251] [23-35227] (Grafe, Erik) [Entered: 04/14/2023 06:42 PM] |
| Filing 24 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by United States Senator Lisa Murkowski, Senator Dan Sullivan, Representative Mary Sattler Peltola and the Alaska State Legislature. Date of service: 04/14/2023. [12695720] [23-35227]--[COURT UPDATE: attached corrected PDF of amicus brief. 04/19/2023 by KT] (Katchen, Jonathan) [Entered: 04/14/2023 11:01 AM] |
| Filing 23 Filed (ECF) Appellee State of Alaska response to motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 04/13/2023. [12695526] [23-35227] (Gramling, Mary) [Entered: 04/13/2023 11:57 PM] |
| Filing 22 Filed (ECF) Appellee Kuukpik Corporation corporate disclosure statement. Date of service: 04/13/2023. [12695524] [23-35227] (Cacciola, Charles) [Entered: 04/13/2023 11:53 PM] |
| Filing 21 Filed (ECF) Appellee Kuukpik Corporation response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 04/13/2023. [12695522] [23-35227] (Cacciola, Charles) [Entered: 04/13/2023 11:41 PM] |
| Filing 20 Filed (ECF) Appellee Conocophillips Alaska, Inc. response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 04/13/2023. [12695512] [23-35227] (Morgan, Jason) [Entered: 04/13/2023 07:45 PM] |
| Filing 19 Filed (ECF) Appellee Conocophillips Alaska, Inc. Unopposed Motion for miscellaneous relief [(Motion to file over-length response)]. Date of service: 04/13/2023. [12695510] [23-35227] (Morgan, Jason) [Entered: 04/13/2023 07:33 PM] |
| Filing 18 Filed (ECF) Appellee North Slope Borough response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 04/13/2023. [12695506] [23-35227] (Kade, Tyson) [Entered: 04/13/2023 07:27 PM] |
| Filing 17 Filed (ECF) Appellee Arctic Slope Regional Corporation response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 04/13/2023. [12695504] [23-35227] (Bosshardt, Stacey) [Entered: 04/13/2023 07:14 PM] |
| Filing 16 Filed (ECF) Appellees Tommy P. Beaudreau, BLM, Sara Boario, Steven Cohn, Deb Haaland, Jonathan Kurland, NMFS, Gina M. Raimondo, USDOC, USDOI and USFWS response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 04/13/2023. [12695390] [23-35227] (Collier, Amy) [Entered: 04/13/2023 03:55 PM] |
| Filing 15 Filed (ECF) Appellees Tommy P. Beaudreau, BLM, Sara Boario, Steven Cohn, Deb Haaland, Jonathan Kurland, NMFS, Gina M. Raimondo, USDOC, USDOI and USFWS Unopposed Motion for miscellaneous relief [Motion to file over-length response]. Date of service: 04/13/2023. [12695377] [23-35227] (Collier, Amy) [Entered: 04/13/2023 03:49 PM] |
| Filing 14 Filed (ECF) Appellants Center for Biological Diversity, DOW, Friends of the Earth and Greenpeace, Inc. Correspondence: NOTICE REGARDING TRANSCRIPT DESIGNATION. Date of service: 04/11/2023 [12693413] [23-35227] (Grafe, Erik) [Entered: 04/11/2023 12:25 PM] |
| Filing 13 The Mediation Questionnaire for this case was filed on 04/10/2023. 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.[12692859]. [23-35227] (AD) [Entered: 04/10/2023 06:44 PM] |
| Filing 12 Filed (ECF) Appellants Center for Biological Diversity, DOW, Friends of the Earth, Greenpeace, Inc. and Natural Resources Defense Council, Inc. Mediation Questionnaire. Date of service: 04/10/2023. [12692670] [23-35227] (Grafe, Erik) [Entered: 04/10/2023 03:51 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: MN): The motions to modify the briefing schedule on appellants emergency motions (Docket Entry No. [ # 12691256-9 ] in 23-35226; Docket Entry No. [ # 9 ] in 23-35227) are denied. [12691927] [23-35226, 23-35227] (WL) [Entered: 04/10/2023 09:00 AM] |
| Filing 10 Filed (ECF) Appellee Conocophillips Alaska, Inc. response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 04/07/2023. [12691543] [23-35227] (Steen, Ryan) [Entered: 04/07/2023 03:07 PM] |
| Filing 9 Filed (ECF) Appellants Center for Biological Diversity, DOW, Friends of the Earth and Greenpeace, Inc. Motion for miscellaneous relief [MODIFY BRIEFING SCHEDULE ON PLAINTIFFSAPPELLANTS' EMERGENCY MOTION]. Date of service: 04/07/2023. [12691222] [23-35227] (Grafe, Erik) [Entered: 04/07/2023 11:47 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motions for an injunction pending appeal in Nos. 23-35226 and 23-35227. Any responses to the emergency motions are due on April 13, 2023. Optional replies in support of the emergency motions are due on April 17, 2023. [12690788] [23-35226, 23-35227] (WL) [Entered: 04/06/2023 03:47 PM] |
| Filing 7 Added Attorney(s) Eric Paul Jorgensen for party(s) Appellant Center for Biological Diversity, Appellant Greenpeace, Inc., Appellant Friends of the Earth and Appellant DOW, in case 23-35227. (Attorney was listed on representation statement.) [12690529] (QDL) [Entered: 04/06/2023 01:27 PM] |
| Filing 6 COURT CORRECTION: Attorney Ann M. Alexander in 23-35227 substituted by Attorney Ann Alexander in 23-35227 [12690394] (TYL) [Entered: 04/06/2023 11:40 AM] |
| Filing 5 Filed (ECF) Appellants Center for Biological Diversity, DOW, Friends of the Earth, Greenpeace, Inc. and Natural Resources Defense Council, Inc. EMERGENCY Motion for injunction pending appeal. Date of service: 04/05/2023. [12690110] [23-35227]--[COURT UPDATE: Edited docket text to reflect all party filers. 04/06/2023 by QDL] (Grafe, Erik) [Entered: 04/06/2023 12:36 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed April 4, 2023 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 no later than May 2, 2023; the answering briefs are due May 30, 2023, 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 last-served 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). 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. 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. [12689814] (WL) [Entered: 04/05/2023 02:30 PM] |
| Filing 3 Added Attorney Amy Collier for Appellees Tommy P. Beaudreau, NMFS, USDOC, Deb Haaland, Gina M. Raimondo, USFWS, BLM, USDOI, Sara Boari, Steven Cohn and Jonathan Kurland, in case 23-35227. [12689751] (HH) [Entered: 04/05/2023 01:58 PM] |
| Filing 2 Filed (ECF) notice of appearance of Amy Elizabeth Collier (U.S. Department of Justice, Environment and Natural Resources Division, P.O. Box 7415, Ben Franklin Station, Washington, DC 20044-7415) for Appellees Tommy P. Beaudreau, BLM, Sara Boario, Steven Cohn, Deb Haaland, Jonathan Kurland, NMFS, Gina M. Raimondo, USDOC, USDOI and USFWS. Date of service: 04/05/2023. (Party was previously proceeding with counsel.) [12689726] [23-35227] (Collier, Amy) [Entered: 04/05/2023 01:49 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12689488] (RT) [Entered: 04/05/2023 10:36 AM] |
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