Center for Biological Diversity, et al v. Office of Surface Mining Reclamation and Enforcem, et al
| Center for Biological Diversity and Appalachian Voices |
| Office of Surface Mining Reclamation and Enforcement, Lanny E. Erdos, in his official capacity as Director of the Office of Surface Mining Reclamation and Enforcement, United States Fish and Wildlife Service, Douglas Burgum, in his official capacity as Secretary of the U.S. Department of the Interior and Brian Nesvik, in his official capacity as Director of the U.S. Fish and Wildlife Service |
| 26-5268 |
| July 16, 2026 |
| U.S. Court of Appeals, D.C. Circuit |
| Environmental Matters |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 11, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| AMICUS FOR APPELLANT BRIEF [2192499] filed by State of West Virginia and Commonwealth of Kentucky [Service Date: 09/11/2026 ] Length of Brief: 2590. [26-5268] (Williams, Michael) [Entered: 09/11/2026 12:01 PM] |
| MOTION [2192497] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by State of West Virginia and Commonwealth of Kentucky [Service Date: 09/11/2026 ] [26-5268] (Williams, Michael) [Entered: 09/11/2026 11:59 AM] |
| MOTION [2192075] to extend time to file response to 09/24/2026 filed by Appalachian Voices and Center for Biological Diversity (Service Date: 09/09/2026 by CM/ECF NDA) Length Certification: 717 Words. [26-5268] (Connor, Hannah) [Entered: 09/09/2026 01:16 PM] |
| PER CURIAM ORDER, En Banc, [2192065] filed denying appellants' petition for initial hearing en banc [ # 2187147-2 ]. Before Judges: Srinivasan, Henderson, Millett, Pillard, Wilkins, Katsas, Rao, Walker, Childs, Pan and Garcia. [26-5268] [Entered: 09/09/2026 12:32 PM] |
| MOTION [2191686] to stay underlying order pending appeal filed by Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement (Service Date: 09/04/2026 by CM/ECF NDA) Length Certification: 5,197 words. [26-5268] (Collier, Amy) [Entered: 09/04/2026 05:18 PM] |
| STATEMENT OF ISSUES [2188524] filed by Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement [Service Date: 08/17/2026 ] [26-5268] (Jaffe, Rebecca) [Entered: 08/17/2026 12:24 PM] |
| STATEMENT [2188633] with Disclosure Listing filed by Appalachian Voices and Center for Biological Diversity [Service Date: 08/17/2026 ] [26-5268] (Connor, Hannah) [Entered: 08/17/2026 04:49 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2188601] filed by Appalachian Voices and Center for Biological Diversity [Service Date: 08/17/2026 ] [26-5268] (Connor, Hannah) [Entered: 08/17/2026 03:37 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2188525] filed by Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement [Service Date: 08/17/2026 ] [26-5268] (Jaffe, Rebecca) [Entered: 08/17/2026 12:25 PM] |
| UNDERLYING DECISION IN CASE [2188522] submitted by Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement [Service Date: 08/17/2026 ] [26-5268] (Jaffe, Rebecca) [Entered: 08/17/2026 12:22 PM] |
| DOCKETING STATEMENT [2188519] filed by Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement [Service Date: 08/17/2026 ] [26-5268] (Jaffe, Rebecca) [Entered: 08/17/2026 12:21 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2188515] filed by Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement [Service Date: 08/17/2026 ] Intent: AppxDeferred [26-5268] (Jaffe, Rebecca) [Entered: 08/17/2026 12:17 PM] |
| TRANSCRIPT STATUS REPORT [2188513] filed by Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement [Service Date: 08/17/2026 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [26-5268] (Jaffe, Rebecca) [Entered: 08/17/2026 12:15 PM] |
| ENTRY OF APPEARANCE [2187211] filed by Eric Glitzenstein on behalf of Appellees Appalachian Voices and Center for Biological Diversity. [26-5268] (Glitzenstein, Eric) [Entered: 08/07/2026 03:46 PM] |
| PETITION [2187147] for hearing en banc filed by Appellants Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement [Service Date: 08/07/2026 by CM/ECF NDA] Length Certification: 3,896 words. [26-5268] (Jaffe, Rebecca) [Entered: 08/07/2026 01:10 PM] |
| ENTRY OF APPEARANCE [2185372] filed by Hannah Connor on behalf of Appellees Appalachian Voices and Center for Biological Diversity. [26-5268] (Connor, Hannah) [Entered: 07/27/2026 07:13 PM] |
| ENTRY OF APPEARANCE [2183836] filed by Amy E. Collier and co-counsel Rebecca Jaffe on behalf of Appellants Douglas Burgum, Lanny E. Erdos, FWS, Brian Nesvik and Office of Surface Mining Reclamation and Enforcement. [26-5268] (Collier, Amy) [Entered: 07/17/2026 04:07 PM] |
| NOTICE OF APPEAL [2183512] seeking review of a decision by the U.S. District Court in 1:23-cv-03343-SLS filed by Douglas Burgum, Lanny E. Erdos, Brian Nesvik, Office of Surface Mining Reclamation and Enforcement and FWS. Appeal assigned USCA Case Number: 26-5268. [26-5268] [Entered: 07/16/2026 12:03 PM] |
| CLERK'S ORDER [2183513] filed directing party to file initial submissions: APPELLANT docketing statement due 08/17/2026. APPELLANT certificate as to parties due 08/17/2026. APPELLANT statement of issues due 08/17/2026. APPELLANT underlying decision due 08/17/2026. APPELLANT deferred appendix statement due 08/17/2026. APPELLANT entry of appearance due 08/17/2026. APPELLANT transcript status report due 08/17/2026. APPELLANT procedural motions due 08/17/2026. APPELLANT dispositive motions due 08/31/2026; directing party to file initial submissions: APPELLEE certificate as to parties due 08/17/2026. APPELLEE entry of appearance due 08/17/2026. APPELLEE procedural motions due 08/17/2026. APPELLEE dispositive motions due 08/31/2026 [26-5268] [Entered: 07/16/2026 12:04 PM] |
| US CIVIL CASE docketed. [26-5268] [Entered: 07/16/2026 11:59 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
| Search for this case: Center for Biological Diversity, et al v. Office of Surface Mining Reclamation and Enforcem, et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Center for Biological Diversity | |
| Represented By: | Hannah Mary Margaret Connor |
| Represented By: | Eric Robert Glitzenstein Esquire |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Appalachian Voices | |
| Represented By: | Hannah Mary Margaret Connor |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Office of Surface Mining Reclamation and Enforcement | |
| Represented By: | Rebecca Jaffe |
| Represented By: | Amy Collier |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Lanny E. Erdos, in his official capacity as Director of the Office of Surface Mining Reclamation and Enforcement | |
| Represented By: | Rebecca Jaffe |
| Represented By: | Amy Collier |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: United States Fish and Wildlife Service | |
| Represented By: | Rebecca Jaffe |
| Represented By: | Amy Collier |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Douglas Burgum, in his official capacity as Secretary of the U.S. Department of the Interior | |
| Represented By: | Rebecca Jaffe |
| Represented By: | Amy Collier |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Brian Nesvik, in his official capacity as Director of the U.S. Fish and Wildlife Service | |
| Represented By: | Rebecca Jaffe |
| Represented By: | Amy Collier |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
