National Wildlife Federation, et al. v. United States Bureau of Reclamation, et al.
| NATIONAL WILDLIFE FEDERATION, TROUT UNLIMITED, AMERICAN RIVERS, INC, FRIENDS OF THE EARTH, COLUMBIA RIVERKEEPER, IDAHO CONSERVATION LEAGUE, FLY FISHERS INTERNATIONAL, INC., IDAHO RIVERS UNITED, IDAHO STEELHEAD AND SALMON UNITED, IDAHO WILDLIFE FEDERATION, INSTITUTE FOR FISHERIES RESOURCES, NW ENERGY COALITION, NORTHWEST SPORTFISHING INDUSTRY ASSOCIATION, SALMON FOR ALL, SIERRA CLUB, WASHINGTON WILDLIFE FEDERATION and PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS |
| UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES BUREAU OF RECLAMATION, UNITED STATES FISH & WILDLIFE SERVICE and NATIONAL MARINE FISHERIES SERVICE |
| STATE OF OREGON, SPOKANE TRIBE OF INDIANS, INLAND PORTS AND NAVIGATION GROUP, FRANKLIN COUNTY FARM BUREAU, GRANT COUNTY FARM BUREAU, WASHINGTON FARM BUREAU, COEUR D ' ALENE TRIBE, NORTHWEST IRRIGATION UTILITIES, NORTHWEST REQUIREMENTS UTILITIES, PUBLIC POWER COUNCIL INC, STATE OF MONTANA, STATE OF IDAHO, KOOTENAI TRIBE OF IDAHO, CONFEDERATED SALISH AND KOOTENAI TRIBES, NORTHWEST RIVERPARTNERS and COLUMBIA-SNAKE RIVER IRRIGATORS ASSOCIATION |
| NEZ PERCE TRIBE, STATE OF WASHINGTON and CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION |
| 26-1997 |
| April 1, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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| Document Text |
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| Filing 43 ADDED Counsel for Amicus Curiae - Pending Giulia Good Stefani [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/28/2026 08:13 AM] |
| Filing 42 NOTICE OF APPEARANCE by Giulia Good Stefani for Amicus Curiae - Pending Confederated Tribes and Bands of the Yakama Nation. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/27/2026 05:17 PM] |
| Filing 41 AMICUS BRIEF and MOTION for leave to file amicus brief filed by National Rural Electric Cooperative Association. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/11/2026 01:09 PM] |
| Filing 40 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 38, DE 39 by Not Applicable Public Power Council Inc are filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/11/2026 09:18 AM] |
| Filing 39 EXCERPTS OF RECORD submitted for filing by Not Applicable Public Power Council Inc. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 05:03 PM] |
| Filing 38 OPENING BRIEF submitted for filing by Not Applicable Public Power Council Inc. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 05:00 PM] |
| Filing 37 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 33, DE 34 by Appellant Inland Ports and Navigation Group, Not Applicable Inland Ports and Navigation Group are filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 04:04 PM] |
| Filing 36 CLERK ACTION: Joint Opening Brief submitted at DE 32 by Not Applicable State of Idaho and State of Montana is filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 04:03 PM] [Edited: 05/11/2026 02:08 PM] |
| Filing 35 DEFECTIVE --- OPENING BRIEF submitted for filing by Appellant State of Idaho. [26-2232, 26-1899, 26-1997, 26-2139, 26-2240]--[Duplicate entry, correct entry is DE 49 in 26-1899] [Entered: 05/08/2026 04:02 PM] [Edited: 05/08/2026 04:08 PM] |
| Filing 34 EXCERPTS OF RECORD submitted for filing by Not Applicable Inland Ports and Navigation Group. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 03:57 PM] |
| Filing 33 OPENING BRIEF submitted for filing by Not Applicable Inland Ports and Navigation Group. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 03:56 PM] |
| Filing 32 OPENING BRIEF submitted for filing by Not Applicable State of Idaho. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/08/2026 03:30 PM] |
| Filing 31 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 29, DE 30 by Appellant National Marine Fisheries Service, Not Applicable National Marine Fisheries Service are filed. No paper copies are required. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/06/2026 09:53 AM] |
| Filing 30 OPENING BRIEF submitted for filing by Appellant National Marine Fisheries Service. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 05/04/2026 06:49 PM] |
| Filing 29 EXCERPTS OF RECORD submitted for filing by Appellant National Marine Fisheries Service. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240]--[COURT UPDATE: Corrected PDF of index attached as of 5/6/2026, REPLACING original attachment] [Entered: 05/04/2026 07:02 PM] [Edited: 05/06/2026 09:52 AM] |
| Filing 28 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 20) filed by Appellant Inland Ports and Navigation Group. [Entered: 04/30/2026 03:42 PM] |
| Filing 27 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 27) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/27/2026 04:22 PM] |
| Filing 26 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 27) filed by Appellee State of Oregon. [Entered: 04/27/2026 01:35 PM] |
| Filing 25 ADDED Amicus Curiae - Pending State of Washington, Counsel for Amicus Curiae - Pending Kathryn Marckworth, Counsel for Amicus Curiae - Pending John Heidinger, Amicus Curiae - Pending Confederated Tribes and Bands of the Yakama Nation [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/27/2026 09:10 AM] |
| Filing 24 REPLY to Response to Motion to Assign Case to Prior Panel (DE 13) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [26-1997, 26-1899, 26-2139, 26-2232, 26-2240] [Entered: 04/24/2026 03:25 PM] |
| Filing 23 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 29) filed by Appellant National Marine Fisheries Service, Appellant United States Bureau of Reclamation, Appellant United States Fish & Wildlife Service, Appellant United States Army Corps of Engineers. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/24/2026 02:04 PM] |
| Filing 22 AMICUS BRIEF and MOTION for leave to file amicus brief filed by State of Washington. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240]--[Court Update: Separated motion and brief] [Entered: 04/24/2026 01:47 PM] [Edited: 04/27/2026 08:59 AM] |
| Filing 21 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Confederated Tribes and Bands of the Yakama Nation. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/24/2026 01:44 PM] |
| Filing 20 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [26-1997, 26-1899, 26-2139, 26-2232, 26-2240] [Entered: 04/23/2026 07:14 PM] |
| Filing 18 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee State of Oregon. [Entered: 04/23/2026 03:20 PM] |
| Filing 17 ADDED Amicus Curiae - Pending Nez Perce Tribe, Counsel for Amicus Curiae - Pending Jane Garrett Steadman, Counsel for Amicus Curiae - Pending David James Cummings [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/23/2026 08:28 AM] |
| Filing 16 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Nez Perce Tribe. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240] [Entered: 04/23/2026 08:06 AM] |
| Filing 15 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by Nez Perce Tribe. [26-1899, 26-1997, 26-2139, 26-2232, 26-2240]--[Motion required, correct entry is DE 33] [Entered: 04/22/2026 02:05 PM] [Edited: 04/23/2026 08:29 AM] |
Filing 14
ORDER FILED. These appeals are consolidated. The following coordinated briefing schedule shall govern these consolidated appeals: In Appeal No. 26-1899, the federal defendants-appellants opening brief shall be filed by May 4, 2026. In Appeal Nos. 26-1997, 26-2240, 26-2139, and 26-2232, the intervenor-defendants-appellants opening briefs shall be filed by May 8, 2026. In all appeals, Amici briefs aligned with appellants shall be submitted by May 11, 2026. In all appeals, the answering briefs shall be filed by June 5, 2026. In all appeals, Amici briefs aligned with appellees shall be submitted by June 12, 2026. In all appeals, reply briefs shall be filed by June 26, 2026. [26-1997, 26-1899, 26-2139, 26-2232, 26-2240] [Entered: 04/21/2026 03:15 PM]
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| Filing 13 RESPONSE to Motion to Assign Case to Prior Panel (DE 6) filed by Appellant Inland Ports and Navigation Group. [Entered: 04/20/2026 10:12 AM] |
| Filing 12 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Northwest Irrigation Utilities, Appellee Northwest Requirements Utilities. [Entered: 04/15/2026 02:39 PM] |
| Filing 19 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Not Applicable Kootenai Tribe of Idaho. [COURT ENTERED-Filing from DE#10] [Entered: 04/23/2026 04:46 PM] |
| Filing 11 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Confederated Salish and Kootenai Tribes. [Entered: 04/14/2026 01:08 PM] |
| Filing 10 DEFECTIVE----MEDIATION QUESTIONNAIRE filed by Not Applicable Kootenai Tribe of Idaho. 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.[Filed under wrong event. Correct entry#19] [Entered: 04/14/2026 10:29 AM] [Edited: 04/23/2026 04:47 PM] |
| Filing 9 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [Entered: 04/13/2026 04:37 PM] |
| Filing 8 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Inland Ports and Navigation Group. [Entered: 04/13/2026 02:29 PM] |
| Filing 7 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Inland Ports and Navigation Group. [Entered: 04/13/2026 02:27 PM] |
| Filing 6 MOTION to Assign Case to Prior Panel filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [Entered: 04/08/2026 03:31 PM] |
| Filing 5 MOTION to Consolidate filed by Appellee National Wildlife Federation, Appellee Columbia Riverkeeper, Appellee Fly Fishers International, Inc., Appellee Idaho Rivers United, Appellee Institute for Fisheries Resources, Appellee NW Energy Coalition, Appellee Northwest Sportfishing Industry Association, Appellee Pacific Coast Federation of Fishermen's Associations, Appellee Sierra Club. [Entered: 04/08/2026 02:32 PM] |
| Filing 4 MEDIATION ORDER (text only). This case is released from the court's mediation program. Counsel may contact the Circuit Mediation Office at [email protected] to discuss services available through the Mediation Program or to request a settlement assessment conference. Information regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. The briefing schedule previously established by the court remains in effect. [Entered: 04/07/2026 10:08 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Inland Ports and Navigation Group. 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: 04/07/2026 10:07 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Answering Brief Due (Appellee) 5/27/2026, Mediation Questionnaire due (Appellant) 4/6/2026, Preliminary Injunction Opening Brief Due (Appellant) 4/29/2026. For appeal no. 26-1997, 3:01-cv-00640-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: 04/01/2026 04:51 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:01-cv-00640-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 26-1997 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: 04/01/2026 04:40 PM] |
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