WildEarth Guardians v. Lamar Utilities Board et al
Plaintiff: WildEarth Guardians
Defendant: Lamar Utilities Board and Arkansas River Power Authority
Case Number: 1:2009cv02974
Filed: December 21, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: Boyd N. Boland
Presiding Judge: David M. Ebel
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 7413 (b) Clean Air Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 17, 2013 Opinion or Order Filing 208 Order Entering Consent Decree. The Clerk of the Court shall close these cases, but the parties may seek to have the Court enforce the Consent Decree as they would any other order of this Court by Judge David M. Ebel on 10/17/13. (jjhsl, )
October 16, 2013 Opinion or Order Filing 206 ORDER. ORDERED that the Trial Preparation Conference scheduled for October 29, 2013, and the Bench Trial scheduled to commence on November 4, 2013, are VACATED. The Court anticipates entering a final Order in this case in due course by Judge David M. Ebel on 10/15/13. (jjhsl, )
October 7, 2013 Opinion or Order Filing 204 ORDER re: Consent Decree by Judge David M. Ebel on 10/07/13. (jjhsl, )
July 11, 2013 Opinion or Order Filing 200 ORDER granting 198 Motion to Stay. ORDERS that all proceedings in these cases are hereby stayed through and including September 6, 2013. Within ten days following the September 6, 2013, end of this stay, the parties are ordered to file a status report with this Court indicating the then-current status of this case by Judge David M. Ebel on 07/11/13.(jjhsl, )
March 21, 2013 Opinion or Order Filing 196 Reivsed Order Granting Plaintiff Partial Summary Judgment, Denying Plaintiff's Motion to Take Judicial Notice, and Denying Defendants' Renewed Motion for Abstention and Motion for Summary Judgment by Judge David M. Ebel on 03/21/13. (jjhsl, )
March 7, 2013 Opinion or Order Filing 194 ORDER Setting Trial Dates and Deadlines. This matter has been scheduled for a five-day bench trial on the docket of Judge David M. Ebel, to occur in the Byron G. Rogers U.S. District Courthouse, Courtroom C202, 2d Floor, 1929 Stout Street, Denver, Colorado, to commence on November 4, 2013, at 8:30 a.m. A Final Trial Preparation Conference is set for October 29, 2013, at 10:00 a.m by Judge David M. Ebel on 03/07/13. (jjhsl, )
February 21, 2013 Opinion or Order Filing 192 MINUTE ORDER granting 190 Unopposed Motion to Amend the Scheduling Order. Discovery extended to 9/15/13, solely for completing the deposition of Roland Hea. by Magistrate Judge Boyd N. Boland on 2/21/13.(bnbcd, )
February 13, 2013 Opinion or Order Filing 186 ORDER: 178 MOTION for Leave to Designate an Expert, File an Expert Report, and Supplement Expert Report is GRANTED. Expert discovery extended to 4/10/2013. 183 Unopposed MOTION for Leave to Appear by Law Student Laura Wood is granted for purposes of today's hearing. by Magistrate Judge Boyd N. Boland on 2/13/13. (bnbcd, )
December 13, 2012 Opinion or Order Filing 177 MINUTE ENTRY - Courtroom Minutes for Hearing on Motions held before Judge David M. Ebel on 12/13/2012. ORDER taking under advisement 159 Defendants' Motion for Reconsideration of This Court's September 28, 2012 Order; taking under advisement 160 Plaintiff's Motion for Reconsideration of the September 28, 2012 Order Dismissing Its Request for Injunctive Relief. Court Reporter: Darlene Martinez. (lbush)
December 4, 2012 Opinion or Order Filing 174 MINUTE ORDER granting 172 Motion for Leave to File a Surreply in Re: Defendants' Reply by Judge David M. Ebel on 12/04/12.(jjhsl, )
October 22, 2012 Opinion or Order Filing 161 ORDER Setting Trial Dates and Deadlines. Bench Trial set for 2/4/2013 08:30 AM before Judge David M. Ebel. A motions hearing (Doc. Nos. 159 and 160) is set for December 13, 2012, at 10:00 a.m. before Judge David M. Ebel by Judge David M. Ebel on 10/22/12. (jjhsl, )
September 28, 2012 Opinion or Order Filing 158 ORDER Granting Plaintiff Partial Summary Judgment, Denying Plaintiff's Motion to Take Judicial Notice, and Denying Defendants' Renewed Motion for Abstention and Motion for Summary Judgment. ORDERED as follows: Wildearth's motion to tak e judicial notice 78 is DENIED. Wildearth's motion for partial summary judgment 77 is GRANTED. The Utilities' motion for summary judgment 76 is DENIED. Wildearth's request for an injunction directing the Utilities to comply wit h CAA § 112(g) is DENIED as MOOT. The parties are directed to contact the Court, within seven days after the date this Order is issued, to schedule a trial to the Court on the possible imposition of civil penalties, and to abide by the trial briefing schedule set forth above, by Judge David M. Ebel on 9/28/12.(lygsl, )
September 5, 2012 Opinion or Order Filing 155 ORDER. The Court, on its own motion, directs the parties to file supplemental briefs addressing whether, and to what extent, this case is moot. The supplemental briefs may not be more than five pages in length, and should be filed simultaneously ten days from the date of this order, by Judge David M. Ebel on 9/5/12. (lygsl, )
July 12, 2012 Opinion or Order Filing 146 ORDER. ORDERED that the Order to Show Cause 125 is vacated. ORDERED that the following defendants are dismissed from this case: The City of Lamar, Roger Stanger, Kirk Crespin, Skip Ruedeman, Beverly Haggard, Jim Larrick, P.J. Wilson, Keith Nidey, Robert G. Schemahorn, Jr., William Wooten, Donald L. Steerman, David Anderson, and John R. Munez. ORDERED that the following plaintiffs are dismissed from this case: Cliff Warren, Charles Warren, Shirley Warren, and Verdell Howard, by Judge David M. Ebel on 7/12/12. (sgrim)
June 12, 2012 Opinion or Order Filing 142 ORDER granting 137 Plaintiff's Motion for Reconsideration of the Court's 6/15/11 Order and/or Status Conference. Status Conference set for 7/2/2012 02:00 PM in Courtroom C202 before Judge David M. Ebel, by Judge David M. Ebel on 6/12/12.(gmssl, )
September 20, 2011 Opinion or Order Filing 136 ORDER. Plaintiff WildEarth Guardians Unopposed Motion to Respond to Defendants Notice of Supplemental Authority. This Court concludes that Plaintiff has shown good cause for the Motion to be granted. By Judge David M. Ebel on 9/20/2011.(sah, )
April 7, 2011 Opinion or Order Filing 121 ORDER. Defendants Unopposed Motion for Leave to File a Second Supplemental Reply in Support of Their Renewed Request for Abstention and Motion for Summary Judgment 120 is GRANTED. By Judge David M. Ebel on 4/7/2011.(sah, )
January 13, 2011 Opinion or Order Filing 110 ORDER VACATING TRIAL AND SETTING BRIEFING SCHEDULE. The Final Trial Preparation Conference set on 3/14/2011 is VACATED. The trial dates currently set to commence on 3/12/2011 are VACATED. The deadlines set forth in this Courts Order Setting Trial Dates and Deadlines 98 are WITHDRAWN. The parties shall submit briefs, not to exceed 35 pages, simultaneously addressing each of the following issues by 2/11/2011. By Judge David M. Ebel on 1/13/2011. (sah, )
January 10, 2011 Opinion or Order Filing 105 ORDER. Defendants Supplemental Reply in Support of Their Renewed Request forAbstention and Motion for Summary Judgment, which was attached to the Motion forLeave, shall be deemed filed as of the date of this Order. By Judge David M. Ebel on 1/10/2011.(sah, ) (Main Document 105 replaced on 1/10/2011) (gmssl, ). Modified on 1/10/2011 to attach the correct pdf. (gmssl, ).
October 26, 2010 Opinion or Order Filing 98 ORDER. This matter has been scheduled for a seven-day bench trial on the docket of Judge David M. Ebel, to occur in the Byron G. Rogers U.S. District Courthouse, Courtroom C202, 2d Floor, 1929 Stout Street, Denver, Colorado, to commence on 03/21/2011 , at 8:30 a.m. The Final Trial Preparation Conference is set for a one hour hearing on 03/14/2011, at 10:00 a.m. The parties are expected to be fully prepared for trial at that time. Lead counsel who will try the case shall attend. By Judge David M. Ebel on 10/26/2010. (sah, )
August 13, 2010 Opinion or Order Filing 75 ORDER. Defendants Motion to Dismiss WEGs federal claim under the Clean Air Act 9 is DENIED. WEGs Motion for Order to Take Judicial Notice 25 is DENIED. Defendants Motion to Dismiss the state-law claims in WEGs Amended Complaint 69 is GRANTED, and WEGs Second, Third, and Fourth Causes of Action in its Amended Complaint are dismissed without prejudice. By Judge David M. Ebel on 08/13/2010.(sah, )
May 20, 2010 Opinion or Order Filing 62 ORDER. The Motion to Amend 49 is GRANTED. The Clerk of the Court is directed to accept for filing the First Amended Complaint [49-1]. The Motion for Payment 50 is DENIED. The Motion for Extension 54 is GRANTED. The Motion to Shorten Time 55 is DENIED. By Magistrate Judge Boyd N. Boland on 05/20/2010.(sah, )
April 20, 2010 Opinion or Order Filing 47 PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 4/20/10. (bnbcd, )
March 10, 2010 Opinion or Order Filing 31 ORDER. Defendants Motion to Stay Pending a Ruling on Their Motionto Dismiss 20 is DENIED. A scheduling conference is set for 03/24/2010 at8:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The parties shall prepare a proposed scheduling order and submit it to the court on or before 03/18/2010. By Magistrate Judge Boyd N. Boland on 03/10/2010. (sah, )
February 22, 2010 Opinion or Order Filing 19 Law Student Appearance Form (ORDER). By Judge David M. Ebel on 02/22/2010.(sah, )
February 8, 2010 Opinion or Order Filing 11 ORDER granting 10 Defendants' Unopposed Motion to Take Judicial Notice of Administrative Records, by Judge David M. Ebel on 2/8/10.(gmssl, )
January 6, 2010 Opinion or Order Filing 4 ORDER : Scheduling Conference set for 3/10/2010 03:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/6/10. (bnbcd, )
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Plaintiff: WildEarth Guardians
Represented By: Kevin J. Lynch
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Defendant: Lamar Utilities Board
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Defendant: Arkansas River Power Authority
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