United States of America, et al. v. ACF Industries, LLC, et al.
| UNITED STATES OF AMERICA, STATE OF OREGON, CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON, CONFEDERATED TRIBE OF SILETZ INDIANS, CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION, CONFEDERATED TRIBES OF WARM SPRINGS RESERVATION OF OREGON and NEZ PERCE TRIBE |
| ACF INDUSTRIES, LLC, AIRGAS USA, LLC, AIR LIQUIDE AMERICA, LP, ASH GROVE CEMENT COMPANY, ASHLAND, INC., BEAZER EAST, INC., BNSF RAILWAY COMPANY, CALBAG METALS COMPANY, MCCALL OIL REAL ESTATE COMPANY, LLC, MOREC FRONT, LLC, GWC PROPERTIES, LLC, GWC FRONT, LLC, TANKER BASIN, LLC, MMGL, LLC, NORTHWEST PIPE COMPANY, formerly known as Northwest Pipe & Casing Company, PACIFICORP, PORT OF PORTLAND, PORTLAND GENERAL ELECTRIC COMPANY, PORTLAND TERMINAL RAILROAD COMPANY, SCHNITZER STEEL INDUSTRIES, INC., SILTRONIC CORPORATION, SULZER PUMPS (US), INC., VALVOLINE, INC., CITY OF PORTLAND, ESCO GROUP, LLC, ORION STEEL COMPANIES, Now known as Evraz Inc. NA, GOULD ELECTRONICS, INC., HAJ, INC., HERCULES, LLC, KOPPERS, INC., MCCALL OIL & CHEMICAL CORP. and EVRAZ INC. NA, formerly known as Oregon Steel Mills and Gilmore Steel |
| ARKEMA, INC., by and through its agent, Legacy Site Services LLC, GUNDERSON, LLC, FMC CORPORATION, NW NATURAL HOLDING COMPANY and NW NATURAL |
| 25-8129 |
| December 30, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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Filing 83
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 82) granted. Amended briefing schedule FOR ALL APPELLEES: Answering Brief Due (Appellee) 7/13/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 05/26/2026 08:58 AM]
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| Filing 82 Streamlined Request for Extension of Time to File Brief filed by Appellee Port of Portland. [Entered: 05/26/2026 07:56 AM] |
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Filing 81
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 80) granted. Amended briefing schedule FOR ALL APPELLEES: Answering Brief Due (Appellee) 6/12/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 04/27/2026 11:27 AM]
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| Filing 80 Streamlined Request for Extension of Time to File Brief filed by Appellee United States of America. [Entered: 04/27/2026 10:41 AM] |
| Filing 79 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 76, DE 77 by Appellant Arkema, Inc. are filed. No paper copies are required. [Entered: 04/13/2026 01:47 PM] |
| Filing 78 NOTICE that No Answering Brief Will be Filed filed by Not Applicable NW Natural. [Entered: 04/13/2026 01:43 PM] |
| Filing 77 EXCERPTS OF RECORD submitted for filing by Appellant Arkema, Inc.. [Entered: 04/13/2026 01:16 PM] |
| Filing 76 OPENING BRIEF submitted for filing by Appellant Arkema, Inc.. [Entered: 04/13/2026 01:09 PM] |
| Filing 75 ADDED Counsel for Appellee Alan Stuart Miller [Entered: 03/18/2026 01:01 PM] |
| Filing 74 NOTICE OF APPEARANCE by Alan Stuart Miller for Appellee Koppers, Inc.. [Entered: 03/18/2026 12:35 PM] |
| Filing 73 STATUS REPORT filed by Not Applicable NW Natural. [Entered: 03/13/2026 02:30 PM] |
| Filing 72 MAIL RETURNED. DE 11 addressed to Attorney Anne D. Foster. Action taken: none (attorney is registered for e-filing.) [Entered: 03/11/2026 01:05 PM] |
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Filing 71
ORDER FILED. The unopposed motion (Docket Entry No. 70) for a limited remand is granted. See Fed. R. App. P. 12.1(b). This case is remanded to the district court for the limited purpose of enabling the district court to consider NW Naturals Rule 60(a) motion. The existing briefing schedule remains in effect. [Entered: 03/11/2026 12:46 PM]
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| Filing 70 MOTION for Limited Remand filed by Not Applicable NW Natural. [Entered: 02/27/2026 05:00 PM] |
| Filing 69 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Not Applicable NW Natural. [Entered: 02/27/2026 04:32 PM] |
| Filing 68 TERMINATED participation of NW Natural Holding Company [Entered: 02/27/2026 12:34 PM] |
| Filing 67 ADDED NW Natural in place of NW Natural Holding Company to correct case opening error. [Entered: 02/27/2026 12:34 PM] |
| Filing 66 ADDED Counsel for Intervenor Heather Doherty [Entered: 02/26/2026 02:33 PM] |
| Filing 65 ADDED Counsel for Intervenor Patricia M. Dost [Entered: 02/26/2026 02:29 PM] |
| Filing 64 NOTICE OF APPEARANCE by Heather Doherty for Not Applicable NW Natural Holding Company. [Entered: 02/26/2026 10:12 AM] |
| Filing 63 NOTICE OF APPEARANCE by Patricia M. Dost for Not Applicable NW Natural Holding Company. [Entered: 02/26/2026 10:06 AM] |
| Filing 62 TERMINATED participation of Counsel for Appellee Erika M. Wells, representing Appellee United States of America. Attorney not registered for efiling in this court. Party has other counsel. [Entered: 02/20/2026 01:51 PM] |
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Filing 61
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 58) granted FOR ALL PARTIES. Amended briefing schedule: Opening Brief Due (Appellant) 4/13/2026, Answering Brief Due (Appellee) 5/13/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 02/11/2026 04:11 PM]
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| Filing 60 ADDED Counsel for Appellant Jessica C. Kerr [Entered: 02/11/2026 10:05 AM] |
| Filing 59 NOTICE OF APPEARANCE by Jessica C. Kerr for Appellant Arkema, Inc.. [Entered: 02/11/2026 09:47 AM] |
| Filing 58 Streamlined Request for Extension of Time to File Brief filed by Appellant Arkema, Inc.. [Entered: 02/10/2026 04:02 PM] |
| Filing 57 ADDED Counsel for Appellee Jacob David Ecker [Entered: 02/06/2026 08:46 AM] |
| Filing 56 NOTICE OF APPEARANCE by Jacob David Ecker for Appellee United States of America. [Entered: 02/06/2026 08:36 AM] |
| Filing 55 ADDED Counsel for Appellee Megan Ault [Entered: 01/30/2026 03:26 PM] |
| Filing 54 NOTICE OF APPEARANCE by Megan Ault for Appellee MMGL, LLC, Appellee Schnitzer Steel Industries, Inc.. [Entered: 01/30/2026 03:23 PM] |
| Filing 53 ADDED Counsel for Appellee Rachel Sinsheimer [Entered: 01/30/2026 09:30 AM] |
| Filing 52 NOTICE OF APPEARANCE by Rachel Sinsheimer for Appellee Port of Portland. [Entered: 01/30/2026 09:15 AM] |
| Filing 51 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee ACF Industries, LLC. [Entered: 01/23/2026 12:39 PM] |
| Filing 50 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee McCall Oil Real Estate Company, LLC, Appellee Morec Front, LLC, Appellee GWC Properties, LLC, Appellee GWC Front, LLC, Appellee Tanker Basin, LLC, Appellee McCall Oil & Chemical Corp.. [Entered: 01/23/2026 12:36 PM] |
| Filing 49 Attorney C. Marie Eckert as Counsel for Appellee substituted for Attorney Jeffrey C. Miller. [Entered: 01/23/2026 11:56 AM] |
| Filing 48 NOTICE OF APPEARANCE by C. Marie Eckert for Appellee GWC Front, LLC, Appellee GWC Properties, LLC, Appellee McCall Oil Real Estate Company, LLC, Appellee Morec Front, LLC, Appellee Tanker Basin, LLC replacing Jeffrey C. Miller. [Entered: 01/23/2026 11:37 AM] |
| Filing 47 Attorney C. Marie Eckert as Counsel for Appellee substituted for Attorney Jeffrey C. Miller. [Entered: 01/22/2026 11:11 AM] |
| Filing 46 NOTICE OF APPEARANCE by C. Marie Eckert for Appellee ACF Industries, LLC, Appellee McCall Oil & Chemical Corp. replacing Jeffrey C. Miller. [Entered: 01/22/2026 10:38 AM] |
| Filing 45 ADDED Counsel for Appellee J. Christopher Baird [Entered: 01/21/2026 04:06 PM] |
| Filing 44 NOTICE OF APPEARANCE by J. Christopher Baird for Appellee Port of Portland. [Entered: 01/21/2026 03:40 PM] |
| Filing 43 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee ESCO Group, LLC. [Entered: 01/20/2026 11:39 AM] |
| Filing 42 NOTICE OF APPEARANCE by Nicholas W. van Aelstyn for Appellee ESCO Group, LLC. [Entered: 01/16/2026 05:14 PM] |
| Filing 41 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Portland General Electric Company. [Entered: 01/16/2026 10:31 AM] |
| Filing 40 TERMINATED participation of Appellee Orion Steel Companies. [COURT UPDATE: party added in error at case opening] [Entered: 01/15/2026 02:42 PM] |
| Filing 39 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Northwest Pipe Company. [Entered: 01/14/2026 12:00 PM] |
| Filing 38 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Beazer East, Inc.. [Entered: 01/14/2026 10:47 AM] |
| Filing 37 NOTICE OF APPEARANCE by Jay K. Griffith for Appellee BNSF Railway Company. [Entered: 01/14/2026 10:45 AM] |
| Filing 36 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Portland General Electric Company. [Entered: 01/13/2026 08:03 PM] |
| Filing 35 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Evraz Inc. NA. [COURT UPDATED. To reflect correct filer] [Entered: 01/13/2026 06:50 PM] [Edited: 01/15/2026 09:02 AM] |
| Filing 34 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Calbag Metals Company. [Entered: 01/13/2026 05:52 PM] |
| Filing 33 NOTICE OF APPEARANCE by Jennifer L. Gates for Appellee Calbag Metals Company. [Entered: 01/13/2026 05:34 PM] |
| Filing 32 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee BNSF Railway Company. [Entered: 01/13/2026 04:43 PM] |
| Filing 31 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee HAJ, Inc.. [Entered: 01/13/2026 04:43 PM] |
| Filing 30 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee PacifiCorp. [Entered: 01/13/2026 04:33 PM] |
| Filing 29 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Portland Terminal Railroad Company. [Entered: 01/13/2026 04:25 PM] |
| Filing 28 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Arkema, Inc.. [Entered: 01/13/2026 03:53 PM] |
| Filing 27 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Siltronic Corporation. [Entered: 01/13/2026 03:48 PM] |
| Filing 26 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee MMGL, LLC. [Entered: 01/13/2026 03:41 PM] |
| Filing 25 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Schnitzer Steel Industries, Inc.. [Entered: 01/13/2026 03:38 PM] |
| Filing 24 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Confederated Tribes of the Grand Ronde Community of Oregon. [Entered: 01/13/2026 03:25 PM] |
| Filing 23 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Confederated Tribe of Siletz Indians. [Entered: 01/13/2026 03:22 PM] |
| Filing 22 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee BNSF Railway Company. [Entered: 01/13/2026 03:11 PM] |
| Filing 21 NOTICE OF APPEARANCE by Andrew Zabel for Appellee Ashland, Inc., Appellee Hercules, LLC, Appellee Valvoline, Inc.. [Entered: 01/13/2026 02:52 PM] |
| Filing 20 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Ashland, Inc., Appellee Valvoline, Inc., Appellee Hercules, LLC. [Entered: 01/13/2026 02:29 PM] |
| Filing 19 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Airgas USA, LLC, Appellee Air Liquide America, LP. [Entered: 01/13/2026 02:01 PM] |
| Filing 18 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Confederated Tribes of Warm Springs Reservation of Oregon. [Entered: 01/13/2026 01:59 PM] |
| Filing 17 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Koppers, Inc.. [Entered: 01/13/2026 01:52 PM] |
| Filing 16 ADDED Counsel for Appellee Mark P. Strandberg [Entered: 01/13/2026 01:31 PM] |
| Filing 15 NOTICE OF APPEARANCE by Mark P. Strandberg for Appellee Air Liquide America, LP, Appellee Airgas USA, LLC. [Entered: 01/13/2026 01:28 PM] |
| Filing 14 ADDED Counsel for Appellee Lynne Cohee [Entered: 01/13/2026 01:24 PM] |
| Filing 13 NOTICE OF APPEARANCE by Lynne Cohee for Appellee PacifiCorp. [Entered: 01/13/2026 01:21 PM] |
| Filing 12 NOTICE OF APPEARANCE by Christine L. Hein for Appellee Air Liquide America, LP, Appellee Airgas USA, LLC. [Entered: 01/13/2026 01:19 PM] |
| Filing 11 NOTICE OF APPEARANCE by Gregory L. Baird for Appellee Koppers, Inc.. [Entered: 01/13/2026 11:41 AM] |
| Filing 10 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Ash Grove Cement Company. [Entered: 01/13/2026 10:05 AM] |
| Filing 9 ADDED Counsel for Appellee Robert B. Lowry [Entered: 01/12/2026 03:36 PM] |
| Filing 8 NOTICE OF APPEARANCE by Robert B. Lowry for Appellee BNSF Railway Company. [Entered: 01/12/2026 03:10 PM] |
| Filing 7 Attorney Robert A. Koch as Counsel for Appellee substituted for Attorney Sadie Forzley, Christina L. Beatty-Walters. [Entered: 01/12/2026 10:57 AM] |
| Filing 6 NOTICE OF APPEARANCE by Robert A. Koch for Appellee State of Oregon replacing Christina L. Beatty-Walters, Sadie Forzley. [Entered: 01/12/2026 09:08 AM] |
| Filing 5 ADDED Counsel for Appellee Katherine L. Felton [Entered: 01/08/2026 02:05 PM] |
| Filing 4 NOTICE OF APPEARANCE by Katherine L. Felton for Appellee HAJ, Inc.. [Entered: 01/08/2026 01:55 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Arkema, Inc.. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] 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: 01/05/2026 02:19 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief Due (Appellee) 4/13/2026, Appeal Transcript Due (Appellant) 2/2/2026, Appeal Transcript Order Due (Appellant) 1/2/2026, Appeal Opening Brief Due (Appellant) 3/13/2026, Mediation Questionnaire due (Appellant) 1/5/2026. For appeal no. 25-8129, 3:23-cv-01603-SI. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 12/30/2025 02:57 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-01603-SI has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-8129 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 12/30/2025 02:50 PM] |
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