Waterkeeper Alliance, et al. v. United States Environmental Protection Agency, et al.
| WATERKEEPER ALLIANCE, CENTER FOR BIOLOGICAL DIVERSITY, CLEAN WATER ACTION, FOOD & WATER WATCH, SURFRIDER FOUNDATION, ENVIRONMENT AMERICA, BAYOU CITY WATERKEEPER, BLACK WARRIOR RIVERKEEPER, HEALTHY GULF, SAN ANTONIO BAY ESTUARINE WATERKEEPER, TENNESSEE RIVERKEEPER and SAN FRANCISCO BAYKEEPER |
| UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and MICHAEL S. REGAN, ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY |
| AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS and AMERICAN PETROLEUM INSTITUTE |
| 23-636 |
| April 11, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 44 MEDIATION CONFERENCE SCHEDULED - VIDEO Mediation Conference 11/21/2023, 12:00 pm Pacific Time. Respondents' Answering Brief now due 01/31/2024. Intervenors' Brief due 02/14/2024. Petitioners' optional reply brief due 03/15/2024. See order for details. [Entered: 10/26/2023 03:27 PM] |
| Filing 43 MEDIATION ORDER (text only). The briefing schedule is amended as follows: Respondents answering brief is due November 17, 2023; Intervenors brief is due December 11, 2023; Petitioners optional reply brief is due January 16, 2024. [Entered: 09/27/2023 03:07 PM] |
| Filing 42 Paper copies (6) of Opening Brief submitted at DE 38 by Petitioner Food & Water Watch, Petitioner Surfrider Foundation, Petitioner Environment America, Petitioner Bayou City Waterkeeper, Petitioner Black Warrior Riverkeeper, Petitioner Healthy Gulf, Petitioner San Antonio Bay Estuarine Waterkeeper, Petitioner Tennessee Riverkeeper, Petitioner San Francisco Baykeeper, Petitioner Waterkeeper Alliance, Petitioner Center for Biological Diversity, Petitioner Clean Water Action received. [Entered: 09/26/2023 12:40 PM] |
| Filing 41 Paper copies (3) of Excerpts of Record in 7 Volume(s) and Index Volume submitted at DE 39 by Petitioners received. [Entered: 09/22/2023 02:55 PM] |
Filing 40
ORDER FILED. Opening Brief submitted at DE 38 by Petitioners is filed. Within 7 days of this order, Petitioner must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 39 by Petitioners are filed. Within 7 days of this order, Petitioner must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 09/15/2023 02:46 PM]
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| Filing 39 EXCERPTS OF RECORD submitted for filing by Petitioner Waterkeeper Alliance, Petitioner Center for Biological Diversity, Petitioner Clean Water Action, Petitioner Food & Water Watch, Petitioner Surfrider Foundation, Petitioner Environment America, Petitioner Bayou City Waterkeeper, Petitioner Black Warrior Riverkeeper, Petitioner Healthy Gulf, Petitioner San Antonio Bay Estuarine Waterkeeper, Petitioner Tennessee Riverkeeper, Petitioner San Francisco Baykeeper.--[COURT UPDATE: attached corrected PDF of excerpts of record.] [Entered: 09/13/2023 02:12 PM] [Edited: 09/15/2023 01:53 PM] |
| Filing 38 OPENING BRIEF submitted for filing by Petitioner Waterkeeper Alliance, Petitioner Center for Biological Diversity, Petitioner Clean Water Action, Petitioner Food & Water Watch, Petitioner Surfrider Foundation, Petitioner Environment America, Petitioner Bayou City Waterkeeper, Petitioner Black Warrior Riverkeeper, Petitioner Healthy Gulf, Petitioner San Antonio Bay Estuarine Waterkeeper, Petitioner Tennessee Riverkeeper, Petitioner San Francisco Baykeeper. [Entered: 09/13/2023 01:51 PM] [Edited: 09/15/2023 02:07 PM] |
| Filing 37 TERMINATED participation of Counsel for Respondent Alan David Greenberg representing Respondent Michael S. Regan, Respondent United States Environmental Protection Agency. [Entered: 09/06/2023 01:43 PM] |
| Filing 36 NOTICEof Withdrawal as Counsel as counsel filed by Alan David Greenberg. [Entered: 09/06/2023 11:30 AM] |
| Filing 35 ADDED Counsel for Respondent Gustavus Maxwell [Entered: 09/01/2023 03:27 PM] |
| Filing 34 NOTICE OF APPEARANCE by Gustavus Maxwell for Respondent Michael S. Regan, Respondent United States Environmental Protection Agency. [Entered: 09/01/2023 02:24 PM] |
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Filing 33
ORDER FILED. Petitioners motion (Docket Entry No. 32) for an extension of time to file the opening brief is granted. Petitioners opening brief is due September 13, 2023. Respondents answering brief is due October 13, 2023. Intervenors brief is due October 27, 2023. Petitioners optional reply brief is due November 13, 2023. [Entered: 08/30/2023 02:42 PM]
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| Filing 32 MOTION to Extend Time to File Opening Brief filed by Petitioner Waterkeeper Alliance, Petitioner Center for Biological Diversity, Petitioner Clean Water Action, Petitioner Food & Water Watch, Petitioner Surfrider Foundation, Petitioner Environment America, Petitioner Bayou City Waterkeeper, Petitioner Black Warrior Riverkeeper, Petitioner Healthy Gulf, Petitioner San Antonio Bay Estuarine Waterkeeper, Petitioner Tennessee Riverkeeper, Petitioner San Francisco Baykeeper. [Entered: 08/21/2023 05:02 PM] |
| Filing 31 CERTIFIED LIST OF AGENCY RECORD filed by Respondent United States Environmental Protection Agency, Respondent Michael S. Regan. [Entered: 08/21/2023 12:32 PM] |
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Filing 30
ORDER FILED. Richard C. TALLMAN, N. Randy SMITH The motion to intervene (Docket Entry No. 13) is granted. The Clerk will amend the docket to reflect that American Fuel & Petrochemical Manufactures and the American Fuel Institute are intervenors to this petition. Petitioners opening brief is due August 28, 2023. Respondents answering brief is due September 27, 2023. Intervenors brief is due October 11, 2023. Petitioners optional reply brief is due October 25, 2023. No streamlined extensions of time under Ninth Circuit Rule 31-2.2(a) will be granted. Any request for an extension of time must be made by written motion. See 9th Cir. R. 31-2.2(b). [Entered: 07/25/2023 03:16 PM]
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| Filing 29 MEDIATION STATUS REPORT DUE. Petitioner Status Report due 9/5/2023, Respondent Status Report due 9/5/2023. See order for instructions and details. [Entered: 07/21/2023 02:30 PM] |
| Filing 28 MEDIATION CONFERENCE SCHEDULED - VIDEO Mediation Conference 7/21/2023, 9:00 am Pacific Time. See order for details. [Entered: 07/06/2023 03:48 PM] |
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Filing 27
ORDER FILED. The briefing schedule is stayed and will be reset in a future order. Petitioners motion (Docket Entry No. 26) to amend the briefing schedule is denied as unnecessary. [Entered: 06/26/2023 03:57 PM]
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| Filing 26 MOTION to reset briefing schedule filed by Petitioner Waterkeeper Alliance, Petitioner Center for Biological Diversity, Petitioner Clean Water Action, Petitioner Food & Water Watch, Petitioner Surfrider Foundation, Petitioner Environment America, Petitioner Bayou City Waterkeeper, Petitioner Black Warrior Riverkeeper, Petitioner Healthy Gulf, Petitioner San Antonio Bay Estuarine Waterkeeper, Petitioner Tennessee Riverkeeper, Petitioner San Francisco Baykeeper. [Entered: 06/23/2023 12:18 PM] |
| Filing 25 Reply to Response to Motion to Intervene filed by American Fuel & Petrochemical Manufacturers and the American Petroleum Institute. [Entered: 06/02/2023 12:32 PM] |
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Filing 24
ORDER FILED. The unopposed motion (Docket Entry No. 23) of the American Fuel & Petrochemical Manufacturers and the American Petroleum Institute for an extension of time to file a reply to petitioners response to the motion to intervene is granted. Any reply is due June 2, 2023. The current briefing schedule remains in effect. [Entered: 05/31/2023 02:11 PM]
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| Filing 23 MOTION to extend time to to file reply brief filed by Intervenor - Pending American Fuel & Petrochemical Manufacturers, Intervenor - Pending American Petroleum Institute. [Entered: 05/26/2023 12:49 PM] |
| Filing 22 RESPONSE to Motion to Intervene (DE 13) filed by . [Entered: 05/25/2023 01:02 PM] |
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Filing 21
ORDER FILED. Respondents unopposed motion (Docket Entry No. 18) for an extension of time to file a response to the motion to intervene is granted. Respondents response is due May 30, 2023. Petitioners opening brief remains due June 30, 2023. Respondents answering brief remains due July 31, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 05/23/2023 09:55 AM]
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| Filing 20 RESPONSE to Motion to Intervene (DE 13) filed by Petitioner Waterkeeper Alliance, Petitioner Center for Biological Diversity, Petitioner Clean Water Action, Petitioner Food & Water Watch, Petitioner Surfrider Foundation, Petitioner Environment America, Petitioner Bayou City Waterkeeper, Petitioner Black Warrior Riverkeeper, Petitioner Healthy Gulf, Petitioner San Antonio Bay Estuarine Waterkeeper, Petitioner Tennessee Riverkeeper, Petitioner San Francisco Baykeeper. [Entered: 05/22/2023 02:39 PM] |
| Filing 19 Certified List of Agency Record filed by Respondent United States Environmental Protection Agency. [Entered: 05/18/2023 12:47 PM] |
| Filing 18 MOTION to extend time to respond to Motion to Intervene (DE 13) filed by Respondent United States Environmental Protection Agency, Respondent Michael S. Regan. [Entered: 05/17/2023 11:30 AM] |
| Filing 17 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 5/25/2023, 11:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 05/15/2023 11:09 AM] |
| Filing 16 ADDED Counsel for Intervenor - Pending Jeffrey Longsworth for Intervenor - Pending American Fuel & Petrochemical Manufacturers, Intervenor - Pending American Petroleum Institute. [Entered: 05/12/2023 01:40 PM] |
| Filing 15 ADDED Intervenor - Pending American Petroleum Institute. [Entered: 05/12/2023 01:34 PM] |
| Filing 14 ADDED Intervenor - Pending American Fuel & Petrochemical Manufacturers. [Entered: 05/12/2023 01:32 PM] |
| Filing 13 MOTION to intervene filed by American Fuel & Petrochemical Manufacturers and the American Petroleum Institute. [Entered: 05/11/2023 02:32 PM] |
| Filing 12 MEDIATION ORDER FILED: By 5/12/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. See order for instructions and details. [Entered: 05/05/2023 11:16 AM] |
| Filing 11 TERMINATED participation of Counsel for Respondent Jessica O'Donnell representing Respondent Michael S. Regan, Respondent United States Environmental Protection Agency. [Entered: 04/18/2023 02:30 PM] |
| Filing 10 ADDED Counsel for Respondent Alan David Greenberg for Respondent United States Environmental Protection Agency, Respondent Michael S. Regan. [Entered: 04/18/2023 02:25 PM] |
| Filing 9 Fee Paid by Food & Water Watch, Surfrider Foundation, Environment America, Bayou City Waterkeeper, Black Warrior Riverkeeper, Healthy Gulf, San Antonio Bay Estuarine Waterkeeper, Tennessee Riverkeeper, San Francisco Baykeeper, Waterkeeper Alliance, Center for Biological Diversity, Clean Water Action. Fee Receipt Number: A09-2603448-ACMS. [Entered: 04/18/2023 12:43 PM] |
| Filing 8 MEDIATION QUESTIONNAIRE filed by Petitioner Waterkeeper Alliance, Petitioner Center for Biological Diversity, Petitioner Clean Water Action, Petitioner Food & Water Watch, Petitioner Surfrider Foundation, Petitioner Environment America, Petitioner Bayou City Waterkeeper, Petitioner Black Warrior Riverkeeper, Petitioner Healthy Gulf, Petitioner San Antonio Bay Estuarine Waterkeeper, Petitioner Tennessee Riverkeeper, Petitioner San Francisco Baykeeper. To submit pertinent confidential information directly to the Circuit Mediators, please email #ca09_mediation@ca9.uscourts.gov and include the case name and number in the subject line. 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. [Entered: 04/18/2023 12:29 PM] |
| Filing 7 NOTICE OF APPEARANCE by Alan David Greenberg for Respondent Michael S. Regan, Respondent United States Environmental Protection Agency replacing Jessica O'Donnell. [Entered: 04/18/2023 08:05 AM] |
| Filing 6 BRIEFING SCHEDULE NOTICE. Mediation Questionnaire due 4/18/2023, Petitioner Opening Brief due 6/30/2023, Respondent Answering Brief due 7/31/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 04/11/2023 03:48 PM] |
| Filing 5 CASE OPENED. Petition for Review has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 4/11/2023. The U.S. Court of Appeals docket number 23-636 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/11/2023 03:34 PM] |
| Filing 4 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 04/11/2023 03:33 PM] |
| Filing 3 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 04/11/2023 03:33 PM] |
| Filing 2 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 04/11/2023 03:33 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 04/11/2023 03:33 PM] |
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