Trumpeter Swan Society, et al v. EPA, et al
| National Rifle Association of America, National Shooting Sports Foundation, Inc., Association of Battery Recyclers, Inc. and Safari Club International |
| Western Nebraska Resources Council, Trumpeter Swan Society, Center for Biological Diversity, Tennessee Ornithological Society, Preserve Our Wildlife Organization, Loon Lake Loon Association and Cascades Raptor Center |
| Environmental Protection Agency and Gina McCarthy, Administrator, Environmental Protection Agency |
| 13-5228 |
| July 24, 2013 |
| U.S. Court of Appeals, D.C. Circuit |
| Environmental Matters |
Docket Report
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| Document Text |
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| MANDATE ISSUED to Clerk, District Court [13-5228] |
| PER CURIAM ORDER filed [1539341] denying petition for rehearing [ # 1536163-2 ] Before Judges: Tatel, Millett and Pillard. [13-5228] |
| PETITION filed [1536163] by Appellants Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council for rehearing [Service Date: 02/05/2015 by CM/ECF NDA] Pages: 11-15. [13-5228] (Keats, Adam) |
| PER CURIAM JUDGMENT filed [1528838] that the judgment of the District Court appealed from in this cause is hereby affirmed for the reasons in the accompanying opinion . Before Judges: Tatel, Millett and Pillard. [13-5228] |
| OPINION filed [1528839] (Pages: 12) for the Court by Judge Tatel [13-5228] |
| CLERK'S ORDER filed [1528840] withholding issuance of the mandate. [13-5228] |
| ORAL ARGUMENT HELD before Judges Tatel, Millett and Pillard. [13-5228] |
| FORM 72 submitted by arguing attorney, William John Snape, III, on behalf of Appellants Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. [13-5228] (Snape, William) |
| FORM 72 submitted by arguing attorney, Christopher L. Bell, on behalf of Appellee National Shooting Sports Foundation, Inc.. [13-5228] (Bell, Christopher) |
| FORM 72 submitted by arguing attorney, Jennifer S. Neumann, on behalf of Appellees EPA and Gina McCarthy. [13-5228] (Neumann, Jennifer) |
| PER CURIAM ORDER filed [1516830], on the court's own motion, that the court's October 10, 2014 order allocating oral argument time be amended to reflect that appellees may share its argument time with respondent intervenors as they see fit. Only one counsel for intervenor will be permitted to argue. [13-5228] |
| PER CURIAM ORDER filed [1516747] allocating oral argument time as follows: Appellants - 10 Minutes, Appellees - 10 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 10/17/2014 [13-5228] |
| CLERK'S ORDER filed [1502996] scheduling oral argument on Friday, 10/24/2014. [13-5228] |
| NOTICE FILED [1490352] by EPA and Gina McCarthy Request to avoid calendaring oral argument for October 16 or 17, 2014. [Service Date: 04/28/2014 ] [13-5228] (Neumann, Jennifer) |
| CORRECTED APPELLANT FINAL BRIEF [1486891] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 04/03/2014 ] Length of Brief: 8,057 words. [13-5228] (Keats, Adam) |
| INCORRECT DOCKET ENTRY-DISREGARD-corrected brief filed-APPELLANT FINAL BRIEF [1486693] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 04/02/2014 ] Length of Brief: 8,057 words. [13-5228]--[Edited 04/04/2014 by LMC] (Keats, Adam) |
| APPELLANT FINAL REPLY BRIEF [1486694] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 04/02/2014 ] Length of Brief: 3,921 words. [13-5228] (Keats, Adam) |
| APPELLEE FINAL BRIEF [1486495] filed by Association of Battery Recyclers, Inc., National Rifle Association of America, National Shooting Sports Foundation, Inc. and Safari Club International [Service Date: 04/01/2014 ] Length of Brief: 8,283 Words. [13-5228] (Bell, Christopher) |
| APPELLEE FINAL BRIEF [1485824] filed by EPA and Gina McCarthy [Service Date: 03/27/2014 ] Length of Brief: 12,748 words. [13-5228] (Neumann, Jennifer) |
| JOINT APPENDIX [1485367] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. [Volumes: 1] [Service Date: 03/25/2014 ] [13-5228] (Keats, Adam) |
| ERRATA FILED [1484417] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council to Appellant/Petitioner reply brief [ # 1484323-2 ] . Reason for errata: Counsel inadvertantly failed to denote the authorities principally relied on in brief. [Service Date: 03/19/2014 ] [13-5228] (Keats, Adam) |
| APPELLANT REPLY BRIEF [1484323] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 03/18/2014 ] Length of Brief: 3,938 words. [13-5228] (Keats, Adam) |
| CLERK'S ORDER filed [1480745] granting appellants' unopposed motion to extend time to file the reply brief and deferred appendix [ # 1480419-2 ], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 03/18/2014. DEFERRED APPENDIX due 03/25/2014. Final Briefs due 04/08/2014. [13-5228] |
| JOINT APPELLEE BRIEF [1480361] filed by Association of Battery Recyclers, Inc., National Rifle Association of America, National Shooting Sports Foundation, Inc. and Safari Club International [Service Date: 02/18/2014 ] Length of Brief: 8,525 Words. [13-5228] (Bell, Christopher) |
| UNOPPOSED MOTION filed [1480419] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council to extend time to file reply brief and appendix to 03/18/2014. [Service Date: 02/18/2014 ] Pages: 1-10. [13-5228] (Keats, Adam) |
| APPELLEE BRIEF [1478074] filed by EPA and Gina McCarthy [Service Date: 02/03/2014 ] Length of Brief: 12,808 words. [13-5228] (Neumann, Jennifer) |
| CLERK'S ORDER filed [1470904] granting federal appellees' unopposed motion to extend time to file their brief [ # 1470572-2 ], The following revised briefing schedule will now apply: APPELLEE Brief due on 02/03/2014. Intervenors-APPELLEE Brief due on 02/18/2014. APPELLANT Reply Brief due 03/04/2014. Deferred APPENDIX due 03/11/2014. Final Briefs due 03/25/2014. [13-5228] |
| JOINT UNOPPOSED MOTION filed [1470572] by EPA, Gina McCarthy and Safari Club International to extend time to file brief to 02/03/2014. [Service Date: 12/15/2013 ] Pages: 1-10. [13-5228] (Neumann, Jennifer) |
| APPELLANT BRIEF [1468205] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 11/27/2013 ] Length of Brief: 26 Pages. [13-5228] (Keats, Adam) |
| CLERK'S ORDER filed [1461338] setting briefing schedule: APPELLANT Brief due 11/29/2013. APPELLEE Brief due on 12/30/2013. INTERVENOR-APPELLEE Brief due on 01/14/2014. APPELLANT Reply Brief due 01/28/2014. Deferred Appendix due 02/04/2014. Final Briefs due 02/18/2014. [13-5228] |
| CLERK'S ORDER filed [1460876] discharging order to show cause [ # 1457653-3 ]; directing that intervenors-appellees be limited to one joint brief, not to exceed 8,750 words. [13-5228] |
| JOINT RESPONSE FILED [1460806] by Association of Battery Recyclers, Inc., National Rifle Association of America, National Shooting Sports Foundation, Inc. and Safari Club International to order [ # 1457653-2 ],[ # 1457653-3 ] [Service Date: 10/11/2013 by CM/ECF NDA] Pages: 1-10. [13-5228] (Snarr, Michael) |
| CLERK'S ORDER filed [1457653] to show cause regarding briefing format for intervenors - Proposed formats due 10/11/2013 [13-5228] |
| ENTRY OF APPEARANCE filed [1454653] by William J. Snape III and co-counsel Adam Keats on behalf of Appellants Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. [13-5228] (Keats, Adam) |
| INCORRECT DOCKET ENTRY-DISREGARD-corrected document filed-STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL FILED [1453365] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/23/2013 ] Intent: AppxDeferred [13-5228]--[Edited 08/26/2013 by LMC] (Snape, William) |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1453193] by EPA and Gina McCarthy [Service Date: 08/23/2013 ] [13-5228] (Neumann, Jennifer) |
| AMENDED CERTIFICATE OF SERVICE [1453367] to statement [ # 1453365-2 ], certificate [ # 1453193-2 ], certificate [ # 1453079-2 ], record [ # 1453077-2 ], report status of transcript (interim) [ # 1453074-2 ], report status of transcript (final) [ # 1453074-3 ], notice [ # 1453073-2 ], statement [ # 1453072-2 ], statement [ # 1453070-2 ] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. [13-5228] (Snape, William) |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1453380] by Association of Battery Recyclers, Inc., National Rifle Association of America, National Shooting Sports Foundation, Inc. and Safari Club International [Service Date: 08/23/2013 ] [13-5228] (Seidman, Anna) |
| CORRECTED STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL FILED [1453372] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/23/2013 ] Intent: AppxDeferred [13-5228] (Snape, William) |
| STATEMENT OF ISSUES FILED [1453070] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/22/2013 ] [13-5228] (Snape, William) |
| ENTRY OF APPEARANCE filed [1453069] by Christopher A. Conte on behalf of Appellee National Rifle Association of America. [13-5228] (Conte, Christopher) |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1453066] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/22/2013 ] [13-5228] (Snape, William) |
| DOCKETING STATEMENT FILED [1453072] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/22/2013 ] [13-5228] (Snape, William) |
| UNDERLYING DECISION IN CASE submitted [1453077] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/22/2013 ] [13-5228] (Snape, William) |
| CERTIFICATE OF SERVICE [1453079] to record [ # 1453077-2 ], report status of transcript (interim) [ # 1453074-2 ], notice [ # 1453073-2 ], statement [ # 1453072-2 ], statement [ # 1453070-2 ] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. [13-5228] (Snape, William) |
| ENTRY OF APPEARANCE filed [1453073] by William J. Snape, III and co-counsel Adam Keats (pending) on behalf of Appellants Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. [13-5228] (Snape, William) |
| MODIFIED DOCKET TEXT--TRANSCRIPT STATUS REPORT [1453074] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/22/2013 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [13-5228]--[Edited 08/23/2013 by LMC] (Snape, William) |
| ENTRY OF APPEARANCE filed [1452843] by Robert N. Steinwurtzel and co-counsel Michael S. Snarr Thomas Edward Hogan on behalf of Appellee Association of Battery Recyclers, Inc.. [13-5228] (Snarr, Michael) |
| ENTRY OF APPEARANCE filed [1452312] by Anna M. Seidman on behalf of Appellee Safari Club International. [13-5228] (Seidman, Anna) |
| ENTRY OF APPEARANCE filed [1451262] by Roger R. Martella, Jr. and co-counsel Christopher L. Bell on behalf of Appellee National Shooting Sports Foundation, Inc.. [13-5228] (Bell, Christopher) |
| ENTRY OF APPEARANCE filed [1450051] by Jennifer Scheller Neumann and co-counsel David Gunter on behalf of Appellees EPA and Gina McCarthy. [13-5228] (Neumann, Jennifer) |
| NOTICE OF APPEAL filed [1448209] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council seeking review of a decision by the U.S. District Court in 1:12-cv-00929-EGS. Assigned USCA Case Number [13-5228] |
| [THIS ORDER AMENDED BY ORDER OF 07/24/2013] CLERK'S ORDER filed [1448215] directing party to file initial submissions: APPELLANT docketing statement due 08/23/2013. APPELLANT certificate as to parties, etc. due 08/23/2013. APPELLANT statement of issues due 08/23/2013. APPELLANT underlying decision due 08/23/2013. APPELLANT deferred appendix statement due 08/23/2013. APPELLANT notice of appearance due 08/23/2013. APPELLANT transcript status report due 08/23/2013. APPELLANT procedural motions due 08/23/2013. APPELLANT dispositive motions due 09/09/2013; directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 08/23/2013. APPELLEE entry of appearance due 08/23/2013. APPELLEE procedural motions due 08/23/2013. APPELLEE dispositive motions due 09/09/2013 [13-5228]--[Edited 07/24/2013 by LMC] |
| CLERK'S AMENDED ORDER filed [1448297] directing party to file initial submissions: APPELLANT docketing statement due 08/23/2013. APPELLANT certificate as to parties, etc. due 08/23/2013. APPELLANT statement of issues due 08/23/2013. APPELLANT underlying decision due 08/23/2013. APPELLANT deferred appendix statement due 08/23/2013. APPELLANT notice of appearance due 08/23/2013. APPELLANT transcript status report due 08/23/2013. APPELLANT procedural motions due 08/23/2013. APPELLANT dispositive motions due 09/09/2013; directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 08/23/2013. APPELLEE entry of appearance due 08/23/2013. APPELLEE procedural motions due 08/23/2013. APPELLEE dispositive motions due 09/09/2013 [13-5228] |
| US CIVIL CASE docketed. [13-5228] |
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