PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY et al v. BROMWICH et al
Plaintiff: PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, LOWER LAGUNA MADRE FOUNDATION, CALIFORNIANS FOR RENEWABLE ENERGY, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, CINDY LOWRY, BARBARA DURKIN, MARTHA POWERS, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, TOWN OF BARNSTABLE, MASSACHUSETTS, RON BORJESON, JEFF GOOD, JAMES KEDING, NEIL GOOD, ROBERT BUSSIERE, CAMERON DAWSON, PATRICIA J. DINEEN, DAVID MORIARTY, WILLIAM H. RYPKA, RICHARD KLEIN, PAULINE K. KLEIN, ANTHONY R. JESSEN, HEATHER ROCKWELL, BARBARA JEAN PENNICK, LOU GONZAGA, FRANK CARUSO, JAMES R. POWELL, RICHARD LARGAY, CHRISTOPHER BIRDSEY, CROCKER SNOW, JR. and WAMPANOAG TRIBE OF GAY HEAD
Defendant: BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, MICHAEL R. BROMWICH, KENNETH LEE SALAZAR, RONALD GOULD, GARY LOCKE, ERIC C. SCHWAAB, MINERALS MANAGEMENT SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT J. PAPP, JR., U.S. COAST GUARD, ROBERT L. VAN ANTWERP, ROWAN GOULD, UNITED STATES ARMY CORPS OF ENGINEERS, BUREAU OF OCEAN ENERGY MANAGEMENT, MERDITH W.B. TEMPLE, TOMMY P. BEAUDREAU and WALTER CRUICKSHANK
Petitioner: CONSERVATION LAW CENTER
Intervenor Defendant: CAPE WIND ASSOCIATES, LLC
Amicus Curiae: CONSERVATION LAW FOUNDATION, NATURAL RESOURCES DEFENSE COUNCIL, MASS AUDUBON, NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES, AMERICAN BIRD CONSERVANCY, WHALE AND DOLPHIN CONSERVATION, CAPE COD MARINE TRADES ASSOCIATION, INC. and MASSACHUSETTS FISHERMEN'S PARTNERSHIP, INC.
Case Number: 1:2010cv01067
Filed: June 25, 2010
Court: US District Court for the District of Columbia
Office: Washington, DC Office
County: 11001
Presiding Judge: Reggie B Walton
Nature of Suit: Environmental Matters
Cause of Action: 16 U.S.C. § 1538
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2020 Opinion or Order Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 9/3/2020. In light of the parties' #470 STIPULATION of Dismissal (Voluntary); It is ORDERED that this case is CLOSED. (Court Reporter Cathryn Jones) (hs)
August 18, 2020 Opinion or Order Set/Reset Hearings: Status Conference set for 9/3/2020 at 11:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs)
August 18, 2020 Opinion or Order MINUTE ORDER. The Court requiring additional information from all parties in this case regarding any remaining disputes and the #470 Stipulation of Voluntary Dismissal filed August 7, 2020, it is hereby ORDERED that the parties shall appear for a status conference on September 3, 2020, at 11:30 a.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on July 18, 2020. (lcrbw2)
August 7, 2020 Opinion or Order Filing 470 STIPULATION of Dismissal (Voluntary) by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR. (Baur, Donald)
July 30, 2020 Opinion or Order Filing 469 MANDATE of USCA as to #464 Notice of Appeal to DC Circuit Court, filed by CINDY LOWRY, CALIFORNIANS FOR RENEWABLE ENERGY, ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, RICHARD LARGAY, MARTHA POWERS, BARBARA DURKIN ; USCA Case Number 20-5023. (Attachments: #1 USCA Order)(zrdj)
July 27, 2020 Opinion or Order Filing 468 NOTICE of Withdrawal re #467 Stipulation of Dismissal, (withdrawal of) by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR. (Baur, Donald) Modified event title on 7/28/2020 (znmw).
July 27, 2020 Opinion or Order Filing 467 WITHDRAWN PURSUANT TO #468 NOTICE FILED 7/27/2020.....STIPULATION of Dismissal by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR. (Baur, Donald) Modified on 7/28/2020 (znmw).
February 20, 2020 Opinion or Order MINUTE ORDER. Upon consideration of the #466 Motion to Withdraw as Counsel, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Elisabeth C. Frost is TERMINATED as counsel of record. Signed by Judge Reggie B. Walton on February 20, 2020. (lcrbw2)
February 19, 2020 Opinion or Order Filing 466 MOTION to Withdraw as Attorney Elisabeth C. Frost by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Text of Proposed Order)(Frost, Elisabeth)
February 6, 2020 Opinion or Order USCA Case Number 20-5023 for #464 Notice of Appeal to DC Circuit Court, filed by CINDY LOWRY, CALIFORNIANS FOR RENEWABLE ENERGY, ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, RICHARD LARGAY, MARTHA POWERS, BARBARA DURKIN. (zrdj)
February 3, 2020 Opinion or Order Filing 465 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #464 Notice of Appeal to DC Circuit Court. (ztth)
January 31, 2020 Opinion or Order Filing 464 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #461 Memorandum & Opinion, #462 Order,, by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. Filing fee $ 505, receipt number ADCDC-6785734. Fee Status: Fee Paid. Parties have been notified. (Eubanks, William)
January 31, 2020 Opinion or Order MINUTE ORDER. In light of the #464 Notice of Appeal, it is hereby ORDERED that the status conference currently scheduled for February 25, 2020, is VACATED pending further order of the Court. Signed by Judge Reggie B. Walton on January 31, 2020. (lcrbw2)
December 16, 2019 Opinion or Order Set/Reset Hearings: Status Conference reset for 2/25/2020 at 10:30 AM in Courtroom 16 before Judge Reggie B. Walton. (hs)
December 16, 2019 Opinion or Order MINUTE ORDER. Upon consideration of the parties' #463 Joint Motion for Stay of Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference currently scheduled for December 17, 2019, is CONTINUED to February 25, 2020, at 10:30 a.m. Signed by Judge Reggie B. Walton on December 16, 2019. (lcrbw2)
December 13, 2019 Opinion or Order Filing 463 Joint MOTION to Stay Status Conference by ALLIANCE TO PROTECT NANTUCKET SOUND, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Elizabeth)
December 2, 2019 Opinion or Order Filing 462 ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the #452 Motion for an Award of Attorneys' Fees and Costs by Plaintiffs Public Employees for Environmental Responsibility and Alliance to Protect Nantucket Sound is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED in regard to the Alliance to Protect Nantucket Sound's National Environmental Policy Act claim against the Bureau of Ocean Energy Management. The motion is DENIED in all other respects. It is further ORDERED that the parties shall appear before the Court for a status conference on or before December 17, 2019, at 2:30 p.m. Signed by Judge Reggie B. Walton on December 2, 2019. (lcrbw2)
December 2, 2019 Opinion or Order Filing 461 MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on December 2, 2019. (lcrbw2)
December 2, 2019 Opinion or Order Set/Reset Hearings: Status Conference set for 12/17/2019 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs)
September 30, 2019 Opinion or Order Filing 460 ORDER. In accordance with the attached Order, it is hereby ORDERED that the #452 Motion for an Award of Attorneys' Fees and Costs by Plaintiffs Public Employees for Environmental Responsibility and Alliance to Protect Nantucket Sound is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED in regard to the Alliance's National Environmental Policy Act claim against the Bureau of Ocean Energy Management. The motion is DENIED in all other respects. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on September 30, 2019. (lcrbw2)
August 22, 2019 Opinion or Order Filing 459 NOTICE of Appearance by Elizabeth Leigh Lewis on behalf of ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Lewis, Elizabeth)
June 26, 2019 Opinion or Order Filing 458 NOTICE OF WITHDRAWAL OF APPEARANCE as to ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. Attorney Eric Robert Glitzenstein terminated. (Glitzenstein, Eric)
October 19, 2018 Opinion or Order Filing 457 REPLY to opposition to motion re #452 MOTION for Attorney Fees and Costs filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Glitzenstein, Eric)
October 3, 2018 Opinion or Order Set/Reset Deadlines: Plaintiff's reply in support of their motion for attorneys' fees and costs due by 10/18/2018. (hs)
October 2, 2018 Opinion or Order Set/Reset Deadlines: Replies due by 10/19/2018. (tj)
October 2, 2018 Opinion or Order MINUTE ORDER. Upon consideration of the federal defendants' #455 Unopposed Motion for Extension of Time to File Brief, and for good cause shown, it is hereby ORDERED that the motion is granted nunc pro tunc. It is further ORDERED that the plaintiffs shall file their reply in support of their motion for attorneys' fees and costs on or before October 19, 2018. Signed by Judge Reggie B. Walton on October 2, 2018. (lcrbw2)
September 7, 2018 Opinion or Order Filing 456 Memorandum in opposition to re #452 MOTION for Attorney Fees and Costs filed by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), WALTER CRUICKSHANK, ROWAN GOULD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Declaration of Julia E. Crocker, #2 Declaration of Jill Lewandowski, #3 Exhibit 12/16/2016 Transcript of Status Hearing, #4 Exhibit 12/8/2016 Transcript of Status Hearing, #5 Exhibit Pacific Shores FWS Biological Opinion)(Williams, Robert)
August 21, 2018 Opinion or Order Filing 455 Unopposed MOTION for Extension of Time to File Response/Reply as to #452 MOTION for Attorney Fees and Costs by BUREAU OF OCEAN ENERGY MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR (Schifman, Reuben)
July 31, 2018 Opinion or Order Set/Reset Deadlines: Response to plaintiffs' motion for an award of attorneys' fees and costs due by 8/27/2018 Reply due by 9/26/2018. (hs)
July 31, 2018 Opinion or Order MINUTE ORDER. Upon consideration of the federal defendants' motion, and for good cause shown, it is hereby ORDERED that the federal defendants' #454 Unopposed Motion for Extension of Time to File Brief is GRANTED. It is further ORDERED that the federal defendants' response to the plaintiffs' motion for an award of attorneys' fees and costs is due on or before August 27, 2018, and the plaintiffs' reply is due on or before September 26, 2018. Signed by Judge Reggie B. Walton on July 31, 2018. (lcrbw2)
July 25, 2018 Opinion or Order Filing 454 Unopposed MOTION for Extension of Time to File Response/Reply as to #452 MOTION for Attorney Fees and Costs by BUREAU OF OCEAN ENERGY MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR (Schifman, Reuben)
June 12, 2018 Opinion or Order Set/Reset Deadlines: Defendant's Response due by 7/27/2018 Reply due by 8/31/2018. (hs)
June 11, 2018 Opinion or Order MINUTE ORDER granting #453 . Upon consideration of the defendants' Unopposed Motion for Extension of Time to File Brief, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendants shall file their response to the plaintiffs' motion for an award of attorneys' fees and costs on or before July 27, 2018. It is further ORDERED that the plaintiffs shall file their reply in support of their motion on or before August 31, 2018. Signed by Judge Reggie B. Walton on June 11, 2018. (lcrbw2)
June 5, 2018 Opinion or Order Filing 453 Unopposed MOTION for Extension of Time to File Response/Reply as to #452 MOTION for Attorney Fees and Costs by BUREAU OF OCEAN ENERGY MANAGEMENT, WALTER CRUICKSHANK, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Williams, Robert)
April 23, 2018 Opinion or Order Filing 452 MOTION for Attorney Fees and Costs by ALLIANCE TO PROTECT NANTUCKET SOUND, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
March 22, 2018 Opinion or Order Filing 451 ORDER denying #449 Motion for Briefing Schedule; granting #450 Motion for Briefing Schedule. See attached Order for details. Signed by Judge Reggie B. Walton on March 22, 2018. (lcrbw2)
March 5, 2018 Opinion or Order Filing 450 MOTION for Briefing Schedule by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
March 5, 2018 Opinion or Order Filing 449 MOTION for Briefing Schedule by UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Schifman, Reuben)
February 21, 2018 Opinion or Order Minute Entry for proceedings held before Judge Reggie B. Walton. Status Conference held on 2/21/2018. Parties to submit a proposed briefing schedule within 10 days. (Court Reporter: Cathryn Jones) (jd)
February 12, 2018 Opinion or Order Filing 448 TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on 10-11-17; Page Numbers: 1-21. Date of Issuance:2-12-18. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the
December 22, 2017 Opinion or Order Filing 447 Joint MOTION to Continue Status Conference by BUREAU OF OCEAN ENERGY MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR (Schifman, Reuben)
December 22, 2017 Opinion or Order MINUTE ORDER granting #447 . Upon consideration of the parties' Joint Motion to Continue Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference previously scheduled for January 4, 2018, is CONTINUED to February 21, 2018, at 11:00 a.m. Signed by Judge Reggie B. Walton on December 22, 2017. (lcrbw2)
December 22, 2017 Opinion or Order Set/Reset Hearings: Status Conference reset for 2/21/2018 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs)
November 2, 2017 Opinion or Order Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 11/2/2017. Status Conference set for 1/4/2018 at 12:00 PM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs)
November 2, 2017 Opinion or Order Filing 446 ORDER. In accordance with the Court's oral rulings issued at the status conference held on this same date, it is hereby ORDERED that this case shall be DISMISSED WITH PREJUDICE upon the resolution of the plaintiffs' two previously filed motions for attorneys' fees and costs. It is further ORDERED that the parties shall appear before the Court on January 4, 2018, at 12:00 p.m., for a status conference to assess the status of the parties' negotiations regarding settlement of the plaintiffs' motions for attorneys' fees and costs. Signed by Judge Reggie B. Walton on November 2, 2017. (lcrbw2)
October 25, 2017 Opinion or Order Filing 445 MEMORANDUM by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD. (MacLean, Jennifer)
October 25, 2017 Opinion or Order Filing 444 MEMORANDUM by CAPE WIND ASSOCIATES, LLC. (Marraro, Christopher)
October 25, 2017 Opinion or Order Filing 443 MEMORANDUM by BUREAU OF OCEAN ENERGY MANAGEMENT, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Schifman, Reuben)
October 18, 2017 Opinion or Order Set/Reset Deadlines/Hearings: Supplemental Memoranda due by 10/25/2017. Status Conference reset for 11/2/2017 at 04:00 PM in Courtroom 16 before Judge Reggie B. Walton. (hs)
October 17, 2017 Opinion or Order MINUTE ORDER granting #442 . Upon consideration of the federal defendants' Motion for Extension of Time to File Brief, and to Continue Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before October 25, 2017, the parties shall file their submissions regarding whether the plaintiffs are required to, or alternatively may, administratively appeal the United States Bureau of Ocean Energy Management's decision pursuant to the Court's limited remand, and the effect, if any, that such an administrative appeal would have on the Court's subject matter jurisdiction. It is further ORDERED that the status conference previously scheduled for October 26, 2017, is CONTINUED to November 2, 2017, at 4:00 p.m. Signed by Judge Reggie B. Walton on October 17, 2017. (lcrbw2)
October 16, 2017 Opinion or Order Filing 442 MOTION for Extension of Time to File Brief, and to Continue Status Conference by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), WALTER CRUICKSHANK, KENNETH LEE SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR (Williams, Robert)
October 11, 2017 Opinion or Order Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/11/2017. Status Conference set for 10/26/2017 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Scott Wallace) (hs)
September 27, 2017 Opinion or Order Filing 441 NOTICE of Completion of Remand by BUREAU OF OCEAN ENERGY MANAGEMENT, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit ROD, #2 Exhibit SEIS)(Schifman, Reuben)
September 6, 2017 Opinion or Order MINUTE ORDER denying #432 Motion for Attorney Fees; denying #434 Motion for Attorney Fees. In accordance with the Court's oral rulings at the status conferences held on December 8, 2016, and December 16, 2016, and because judicial economy would be best served in this case by avoiding piecemeal litigation, it is hereby ORDERED that the plaintiffs' motions for attorneys' fees and costs are DENIED WITHOUT PREJUDICE. At a later time to be designated by the Court, the plaintiffs may reinstate their motions for attorneys' fees and costs, as well as submit to the Court any supplemental information necessary to demonstrate their entitlement to attorneys' fees and costs. Signed by Judge Reggie B. Walton on September 6, 2017. (lcrbw2)
September 1, 2017 Opinion or Order Filing 440 NOTICE of Completion of U.S. Fish & Wildlife Service Remand by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), WALTER CRUICKSHANK, ROWAN GOULD, GARY LOCKE, KENNETH LEE SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR re #431 Order,, (Attachments: #1 Exhibit 8/31/2017 letter from Paul R. Phifer, Ph.D., to Michelle Morin, #2 Exhibit 8/31/17 memorandum from Martin Miller to Paul R. Phifer, Ph.D, #3 Exhibit 8/31/2017 revised Incidental Take Statement, #4 Exhibit 7/6/2017 memorandum from Edward Maillet, et al. to Paul R. Phifer, Ph.D)(Williams, Robert)
August 29, 2017 Opinion or Order Set/Reset Hearings: Status Conference reset for 10/11/2017 at 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs)
August 28, 2017 Opinion or Order MINUTE ORDER granting #439 Motion for Hearing. Upon consideration of the parties' Joint Motion to Schedule Status Conference Regarding Remands, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall appear before the Court on October 11, 2017, at 9:00 a.m. for a status conference. Signed by Judge Reggie B. Walton on August 28, 2017. (lcrbw2)
August 25, 2017 Opinion or Order Filing 439 Joint MOTION for Hearing Schedule Status Conference by BUREAU OF OCEAN ENERGY MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR (Schifman, Reuben) Modified event title on 8/28/2017 (znmw).
August 14, 2017 Opinion or Order MINUTE ORDER. Given the Federal Defendants' Status Report Regarding Remands, and due to a change in the Court's calendar, it is hereby ORDERED that the status conference previously scheduled for August 25, 2017, is VACATED, until further notice by the Court. As indicated in the federal defendants' status report, the parties shall forthwith propose for the Court's consideration alternative dates for the status conference. Signed by Judge Reggie B. Walton on August 14, 2017. (lcrbw2)
July 31, 2017 Opinion or Order Filing 438 STATUS REPORT by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), WALTER CRUICKSHANK, ROWAN GOULD, KENNETH LEE SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR. (Williams, Robert)
January 9, 2017 Opinion or Order Filing 437 TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on December 8, 2016; Page Numbers: 1 - 21. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the
January 4, 2017 Opinion or Order Filing 436 TRANSCRIPT OF STATUS HEARING before Judge Reggie B. Walton held on December 16, 2016; Page Numbers: 1-18. Date of Issuance:January 4, 2017. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cou rt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/25/2017. Redacted Transcript Deadline set for 2/4/2017. Release of Transcript Restriction set for 4/4/2017.(Moreira, Lisa)
December 16, 2016 Opinion or Order Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 12/16/2016. Status Conference set for 8/25/2017 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Lisa Moreira) (hs)
December 8, 2016 Opinion or Order Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 12/8/2016. Status Conference set for 12/16/2016 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs)
November 3, 2016 Opinion or Order Set/Reset Hearings: Status Conference set for 12/8/2016 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs)
November 2, 2016 Opinion or Order MINUTE ORDER. Upon consideration of the Plaintiff's Unopposed Motion to Hold Proceedings on Application for Attorneys' Fees and Costs Pursuant to the Equal Access to Justice Act in Abeyance, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Plaintiff's Alliance to Protect Nantucket Sound's Application for Attorneys' Fees and Cost Pursuant to Equal Access to Justice Act, ECF No. 434, is HELD IN ABEYANCE until further ordered by the Court. It is further ORDERED that the parties will report to the Court at the status hearing scheduled for December 8, 2016, on whether the motion for attorneys' fees and costs should continue to be held in abeyance and, if not, the parties proposal with regard to further proceedings on the motion. Signed by Judge Reggie B. Walton on November 2, 2016. (lcrbw2)
November 1, 2016 Opinion or Order Filing 435 Unopposed MOTION to Hold in Abeyance re #434 MOTION for Attorney Fees by ALLIANCE TO PROTECT NANTUCKET SOUND (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
November 1, 2016 Opinion or Order Filing 434 MOTION for Attorney Fees by ALLIANCE TO PROTECT NANTUCKET SOUND (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Jennifer A. Maclean)(Sharp, Benjamin)
November 1, 2016 Opinion or Order MINUTE ORDER. Upon consideration of the PEER Et Al. Plaintiffs' Unopposed Motion to Hold Motion for Attorneys' Fees and Costs in Abeyance, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the PEER Plaintiffs' Motion for Attorneys' Fees and Costs, ECF No. 432, is HELD IN ABEYANCE until further ordered by the Court. It is further ORDERED that the that the PEER Plaintiffs and the Federal Defendants will report to the Court at the status hearing scheduled for December 8, 2016, on whether the motion for attorneys' fees and costs should continue to be held in abeyance and, if not, the parties proposal with regard to further proceedings on the motion. Signed by Judge Reggie B. Walton on November 1, 2016. (lcrbw2)
October 31, 2016 Opinion or Order Filing 433 Unopposed MOTION to Hold in Abeyance re #432 MOTION for Attorney Fees by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
October 31, 2016 Opinion or Order Filing 432 MOTION for Attorney Fees by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Declaration Declaration of Eric R. Glitzenstein)(Glitzenstein, Eric)
October 27, 2016 Opinion or Order Filing 431 ORDER. In accordance with the attached Order, it is hereby ORDERED that the November 21, 2008 Incidental Take Statement is REMANDED to the United States Fish and Wildlife Service to take appropriate actions consistent with the Circuit's opinion. It is further ORDERED that the January 1, 2009 Environmental Impact Statement is REMANDED to the Bureau of Ocean Energy and Management to take appropriate actions consistent with the Circuit's opinion. Signed by Judge Reggie B. Walton on October 27, 2016. (lcrbw2)
October 27, 2016 Opinion or Order MINUTE ORDER. Upon consideration of the Plaintiffs' Motion to Strike Federal Defendants' Notice of Filing Proposed Order and the Federal Defendants' Response to Plaintiffs' Motion to Strike Notice of Filing Proposed Remand Order, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Court shall strike the federal defendants' arguments in support of their proposed order. Signed by Judge Reggie B. Walton on October 27, 2016. (lcrbw2)
October 24, 2016 Opinion or Order Filing 430 STRICKEN PURSUANT TO MINUTE ORDER FILED 10/27/2016.....RESPONSE re #429 MOTION to Strike #428 Notice of Proposed Order, filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, WALTER CRUICKSHANK, KENNETH LEE SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR. (Williams, Robert) Modified on 10/28/2016 (znmw).
October 24, 2016 Opinion or Order Filing 429 MOTION to Strike #428 Notice of Proposed Order, by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD (Sharp, Benjamin)
October 21, 2016 Opinion or Order Filing 428 STRICKEN PURSUANT TO MINUTE ORDER FILED 10/27/2016.....NOTICE of Proposed Order by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), WALTER CRUICKSHANK, ROWAN GOULD, GARY LOCKE, KENNETH LEE SALAZAR, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR re #426 Order,,,, (Attachments: #1 Text of Proposed Order Proposed Remand Order)(Williams, Robert) Modified on 10/28/2016 (znmw).
October 21, 2016 Opinion or Order Filing 427 NOTICE of Proposed Order by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD re #426 Order,,,, (Sharp, Benjamin)
October 14, 2016 Opinion or Order Filing 426 ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties shall submit for the Court's consideration a proposed agency Remand Order either jointly if they are able to come to an agreement on proposed language or separately if they are unable to agree on the language on or before October 21, 2016. It is further ORDERED that following the submission of the proposed order or orders, the Court shall issue an agency Remand Order, wherein the Court will remand the environmental impact statement to the United States Bureau of Ocean Energy Management and the incidental intake statement to the United States Fish and Wildlife Service with instructions to take the actions necessary to comply with the Circuit's opinion. It is further ORDERED that the Court shall retain jurisdiction over this case pending the action of the two agencies to whom this case is remanded. It is further ORDERED that the parties shall appear before the Court for a further status conference on December 8, 2016, at 10:00 a.m. Signed by Judge Reggie B. Walton on October 14, 2016. (lcrbw2)
October 12, 2016 Opinion or Order Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/12/2016. Remand Order to issue via chambers. Status Conference set for 12/8/2016 at 10:00 AM before Judge Reggie B. Walton. (Court Reporter Jeff Hook) (hs)
October 11, 2016 Opinion or Order MINUTE ORDER. Upon consideration of Unopposed Motion to Permit Federal Defendants' Counsel Luther L. Hajek to Appear by Telephone at the October 12, 2016 Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that federal defendants' counsel Luther L. Hajek is permitted to appear by telephone at the October 12, 2016 status conference. Signed by Judge Reggie B. Walton on October 11, 2016. (lcrbw2)
October 7, 2016 Opinion or Order Filing 425 Unopposed MOTION for Leave to Appear by Telephone at the October 12, 2016 Status Conference by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), WALTER CRUICKSHANK, RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP (Attachments: #1 Text of Proposed Order)(Hajek, Luther)
September 16, 2016 Opinion or Order MINUTE ORDER. Upon consideration of Peer Plaintiffs' Unopposed Motion for an Extension of Time to File an Application for Attorneys' Fees and Costs, and in light of the federal defendants' consent and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiffs shall file their fee application on or before November 1, 2016. Signed by Judge Reggie B. Walton on September 16, 2016. (lcrbw2)
September 16, 2016 Opinion or Order Set/Reset Deadlines: Peer Plaintiffs' Application for Attorneys' Fees and Costs due by 11/1/2016. (hs)
September 14, 2016 Opinion or Order Filing 424 Unopposed MOTION for Extension of Time to File Application for Attorneys' Fees and Costs by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
September 8, 2016 Opinion or Order Set/Reset Hearings: Status Conference reset for 10/12/2016 at 03:00 PM in Courtroom 16 before Judge Reggie B. Walton. (hs)
September 2, 2016 Opinion or Order Set/Reset Hearings: Status Conference set for 10/4/2016 at 03:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs)
August 25, 2016 Opinion or Order Filing 423 MANDATE of USCA as to #417 Notice of Appeal to DC Circuit Court, filed by WILLIAM H. RYPKA, ROBERT BUSSIERE, BARBARA JEAN PENNICK, RICHARD KLEIN, TOWN OF BARNSTABLE, MASSACHUSETTS, JEFF GOOD, FRANK CARUSO, DAVID MORIARTY, RON BORJESON, PAULINE K. KLEIN, CAMERON DAWSON, CROCKER SNOW, JR., HEATHER ROCKWELL, ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, PATRICIA J. DINEEN, NEIL GOOD, JAMES KEDING, JAMES R. POWELL, LOU GONZAGA, #416 Notice of Appeal to DC Circuit Court, filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CALIFORNIANS FOR RENEWABLE ENERGY, RICHARD LARGAY, BARBARA DURKIN, CINDY LOWRY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION. USCA Case Number 14-5301 Consolidated with 14-5303. (Attachments: #1 judgment filed July 5, 2016)(zrdj)
December 30, 2014 Opinion or Order Filing 422 TRANSCRIPT OF STATUS CONFERENCE before Judge Reggie B. Walton held on Sepetember 3, 2014; Page Numbers: 1-32. Date of Issuance: December 30, 2014. Court Reporter: Chantal M. Geneus, Telephone number (202) 354-3244, Court Reporter Email Address: chantal_geneus@dcd.uscourts.gov.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 1/20/2015. Redacted Transcript Deadline set for 1/30/2015. Release of Transcript Restriction set for 3/30/2015.(Geneus, Chantal)
December 15, 2014 Opinion or Order Filing 421 ORDER granting #420 Motion for Entry of Final Judgment. See attached image for final judgment, entered pursuant to the Joint Request for Entry of Final Judgment. Signed by Judge Reggie B. Walton on December 15, 2014. (lcrbw2)
December 12, 2014 Opinion or Order Filing 420 Joint MOTION for Entry of Final Judgment by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), WALTER CRUICKSHANK, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Williams, Robert)
December 9, 2014 Opinion or Order USCA Case Number 14-5301 for #416 Notice of Appeal to DC Circuit Court,,, filed by CINDY LOWRY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, LOWER LAGUNA MADRE FOUNDATION, RICHARD LARGAY, BARBARA DURKIN. (rd)
December 9, 2014 Opinion or Order USCA Case Number 14-5303 for #417 Notice of Appeal to DC Circuit Court,, filed by WILLIAM H. RYPKA, ROBERT BUSSIERE, BARBARA JEAN PENNICK, RICHARD KLEIN, TOWN OF BARNSTABLE, MASSACHUSETTS, JEFF GOOD, FRANK CARUSO, DAVID MORIARTY, RON BORJESON, PAULINE K. KLEIN, CAMERON DAWSON, CROCKER SNOW, JR., HEATHER ROCKWELL, ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, PATRICIA J. DINEEN, NEIL GOOD, JAMES KEDING, JAMES R. POWELL, LOU GONZAGA. (rd, )
December 5, 2014 Opinion or Order Filing 419 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 12/4/14 re #416 Notice of Appeal to DC Circuit Court,,,. (td, )
December 5, 2014 Opinion or Order Filing 418 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 12/4/14 re #417 Notice of Appeal to DC Circuit Court,,. (td, )
December 4, 2014 Opinion or Order Filing 417 NOTICE OF APPEAL TO DC CIRCUIT COURT re: #370 , #371 by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, TOWN OF BARNSTABLE, MASSACHUSETTS. Filing fee $ 505, receipt number 0090-3925069. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Opinion of March 14, 2014, #2 Order of March 14, 2014)(Bickford, James) Modified linkage on 12/5/2014 (td, ).
December 4, 2014 Opinion or Order Filing 416 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #405 Order,,, #371 Memorandum & Opinion, #370 Order on Motion for Summary Judgment,,, Order on Motion for Discovery, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #415 Order on Motion for Summary Judgment,,,,, by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. Filing fee $ 505, receipt number 0090-3924791. Fee Status: Fee Paid. Parties have been notified. (Glitzenstein, Eric)
November 18, 2014 Opinion or Order Filing 415 ORDER denying #407 Motion for Summary Judgment; granting #410 Motion for Summary Judgment. Per the attached Order, it is hereby ORDERED that 1. the PEER Plaintiffs' Supplemental Complaint is DISMISSED; 2. the PEER Plaintiffs' Supplemental Motion for Summary Judgment With Regard to the Actions on Remand by the United States Fish and Wildlife Service and the National Marine Fisheries Service is DENIED; and 3. the Defendants' Joint Combined Opposition to Plaintiffs' Supplemental Motion for Summary Judgment and Supplemental Cross-Motion for Summary Judgment is GRANTED. Signed by Judge Reggie B. Walton on November 18, 2014. (lcrbw2)
November 13, 2014 Opinion or Order Filing 414 NOTICE of Filing of Administrative Record Appendix by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #409 Response to motion,, #407 Supplemental MOTION for Summary Judgment , #410 Cross MOTION for Summary Judgment (Attachments: #1 Appendix Table of Contents, #2 Appendix ECF No. 397-3, #3 Appendix ECF No. 397-4, #4 Appendix ECF No. 397-7, #5 Appendix FWS 75-77, #6 Appendix FWS 215, #7 Appendix FWS 220-21, #8 Appendix FWS 223, #9 Appendix FWS 351-75, #10 Appendix FWS 424-42, #11 Appendix FWS 447, #12 Appendix FWS 869, #13 Appendix FWS 932-33, #14 Appendix FWS 1014, #15 Appendix FWS 1093, #16 Appendix FWS 2443-44, #17 Appendix FWS 3068, #18 Appendix FWS 31560, #19 Appendix FWS 31679-99, #20 Appendix CW 27896, #21 Appendix CW 70687-88, #22 Appendix CW 349548-49, #23 Appendix CW 363881, #24 Appendix USCGCAPEWIND 1349)(Glitzenstein, Eric)
October 31, 2014 Opinion or Order Filing 413 REPLY to opposition to motion re #410 Cross MOTION for Summary Judgment filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), WALTER CRUICKSHANK, RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Williams, Robert)
October 24, 2014 Opinion or Order Filing 412 Memorandum in opposition to re #410 Cross MOTION for Summary Judgment filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
October 24, 2014 Opinion or Order Filing 411 REPLY to opposition to motion re #407 Supplemental MOTION for Summary Judgment filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
October 17, 2014 Opinion or Order Filing 410 Supplemental Cross MOTION for Summary Judgment by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), WALTER CRUICKSHANK, RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP (Williams, Robert) Modified text to add "supplemental" on 10/20/2014 (td, ).
October 17, 2014 Opinion or Order Filing 409 RESPONSE re #407 Supplemental MOTION for Summary Judgment filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), WALTER CRUICKSHANK, RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Williams, Robert)
October 3, 2014 Opinion or Order Filing 408 AMENDED COMPLAINT PEER PLAINTIFFS' SUPPLEMENTAL COMPLAINT against TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, UNITED STATES DEPARTMENT OF THE INTERIOR filed by CINDY LOWRY, CETACEAN SOCIETY INTERNATIONAL, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION, MARTHA POWERS, BARBARA DURKIN, CALIFORNIANS FOR RENEWABLE ENERGY, RICHARD LARGAY, THREE BAYS PRESERVATION.(Glitzenstein, Eric)
October 3, 2014 Opinion or Order Filing 407 Supplemental MOTION for Summary Judgment by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Glitzenstein, Eric)
September 12, 2014 Opinion or Order Filing 406 Notice to Withdraw as Attorney by WAMPANOAG TRIBE OF GAY HEAD (Gremillion, Thomas)
September 12, 2014 Opinion or Order Filing 405 ORDER. Per the attached Order, it is hereby ORDERED that: (1) any supplemental complaint shall be filed on or before October 3, 2014; (2) the supplemental opening brief for summary judgment will be due on or before October 3, 2014, and cannot be more than 25 pages; (3) the supplemental opposition brief for summary judgment will be due on or before October 17, 2014, and cannot be more than 25 pages; (4) the supplemental reply brief for summary judgment will be due on or before October 24, 2014, and cannot be more than 15 pages; (5) the supplemental sur-reply brief for summary judgment will be due on or before October 31, 2014, and cannot be more than 15 pages; (6) any pages exceeding these limits will not be considered by the Court; (7) all of the plaintiffs will file only one joint brief; and (8) all of the defendants, including the intervenor-defendant, will file only one joint brief. Signed by Judge Reggie B. Walton on September 12, 2014. (lcrbw2)
September 5, 2014 Opinion or Order Filing 404 REPLY to opposition to motion re #400 Joint MOTION to Set Briefing Schedule and Limit the Scope of Supplemental Summary Judgment Briefing filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Williams, Robert)
September 3, 2014 Opinion or Order Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 9/3/2014. (Court Reporter Chantal Geneus) (mpt)
September 2, 2014 Opinion or Order Filing 403 REPLY re #399 Notice (Other), PEER Plaintiffs' Reply in Support of their Objections to the Adequacy of the Administrative Record Pertaining to the Remanded Decisions filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
September 2, 2014 Opinion or Order Filing 402 Memorandum in opposition to re #400 Joint MOTION to Set Briefing Schedule and Limit the Scope of Supplemental Summary Judgment Briefing filed by CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Glitzenstein, Eric)
August 29, 2014 Opinion or Order Filing 401 RESPONSE re #399 Notice (Other), filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Attachments: #1 Exhibit 12/23/2008 Memorandum from Assistant Attorney General Tenpas)(Williams, Robert)
August 19, 2014 Opinion or Order Filing 400 Joint MOTION to Set Briefing Schedule and Limit the Scope of Supplemental Summary Judgment Briefing by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Text of Proposed Order)(Swanson, Kristofor)
August 19, 2014 Opinion or Order Filing 399 NOTICE OF OBJECTIONS TO THE ADEQUACY OF THE ADMINISTRATIVE RECORD PERTAINING TO THE REMANDED DECISIONS by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #397 Administrative Record,,, (Attachments: #1 Exhibit A, #2 Exhibit B)(Eubanks, William)
August 13, 2014 Opinion or Order Filing 398 TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on July 29, 2014; Page Numbers: 1 - 37. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Court Reporter Email Address : jcathryn55@yahoo.com.
August 1, 2014 Opinion or Order Filing 397 ADMINISTRATIVE RECORD ON REMAND by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit National Marine Fisheries Service Administrative Record and Certification, #2 Exhibit U.S. Fish & Wildlife Service Administrative Record Certification, #3 Exhibit U.S. Fish & Wildlife Service Administrative Record Document 1, #4 Exhibit U.S. Fish & Wildlife Service Administrative Record Document 2, #5 Exhibit U.S. Fish & Wildlife Service Administrative Record Document 3, #6 Exhibit U.S. Fish & Wildlife Service Administrative Record Document 4, #7 Exhibit U.S. Fish & Wildlife Service Administrative Record Document 5)(Williams, Robert)
August 1, 2014 Opinion or Order Filing 396 NOTICE Of Filing by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Exhibit Notice of ESA Violations)(Glitzenstein, Eric)
July 29, 2014 Opinion or Order Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 7/29/2014. (Further Status Conference set for 9/3/2014 09:00 AM in Courtroom 16 before Judge Reggie B. Walton) (Court Reporter Cathryn Jones) (mpt, )
July 29, 2014 Opinion or Order Filing 395 SCHEDULING ORDER; ORDER denying #375 Plaintiffs' Joint Motion for Entry of Final Judgment. In accordance with the attached Order, it is hereby ORDERED that the Plaintiffs' Joint Motion is DENIED. It is further ORDERED that the plaintiffs shall provide the federal defendants and file with the Court their Notice of Intent to Sue pursuant to 16 U.S.C. 1540(g) on or before August 1, 2014. It is further ORDERED that the federal defendants shall certify the Administrative Record upon which the FWS and NMFS based their decisions resulting from this Court's remand on or before August 5, 2014. It is further ORDERED that the plaintiffs shall submit any challenges to the newly certified Administrative Record on or before August 19, 2014. It is further ORDERED that the parties shall appear before the Court for a further status hearing on September 3, 2014, at 9:00 a.m. Signed by Judge Reggie B. Walton on 7/29/2014. (lcrbw2)
July 28, 2014 Opinion or Order Filing 394 RESPONSE re #392 Status Report, #393 Status Report filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
July 28, 2014 Opinion or Order Filing 393 STATUS REPORT by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Declaration of James S. Gordon)(Edens, Geraldine)
July 28, 2014 Opinion or Order Filing 392 STATUS REPORT by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Williams, Robert)
July 11, 2014 Opinion or Order MINUTE ORDER granting #391 Motion for Extension of Time to File. Upon consideration of the PEER Plaintiffs' Unopposed Motion for a Further Extension of Time to File Their Application for Attorneys' Fees and Costs, in light of the parties' consent, and for good cause shown, it is ORDERED that the motion is GRANTED and the PEER plaintiffs shall file their motion for attorneys' fees and costs either (1) thirty days following the final disposition of any appeal they may file concerning the Court's March 14, 2014 summary judgment ruling or (2) thirty days following the expiration of their time to file a notice of appeal if such a notice if not filed. Signed by Judge Reggie B. Walton on 7/11/2014. (lcrbw2)
July 10, 2014 Opinion or Order Filing 391 Unopposed MOTION for Extension of Time to File Application for Attorneys Fees and Costs by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
July 10, 2014 Opinion or Order Set/Reset Hearing: A Status Conference is set for 7/29/2014 at 9:00 AM in Courtroom 16 before Judge Reggie B. Walton. (ad)
July 9, 2014 Opinion or Order MINUTE ORDER. In light of the recent notice (see ECF No. #390 ) filed by the federal defendants, and the pending motion for entry of final judgment (see ECF No. #375 ), it is ORDERED that the parties shall appear before the Court for a status hearing on July 29, 2014, at 9:00 a.m. Signed by Judge Reggie B. Walton on 7/9/2014. (lcrbw2)
July 3, 2014 Opinion or Order MINUTE ORDER granting #386 Motion for Extension of Time to File. Upon consideration of the PEER Plaintiffs' Unopposed Motion for a Further Extension of Time to File an Application for Attorneys' Fees and Costs, in light of the parties' consent, and for good cause shown, it is ORDERED that the motion is GRANTED nunc pro tunc to May 27, 2014. It is further ORDERED that the plaintiffs shall file any motion for attorneys' fees and costs within thirty days following the final disposition of their appeal of this Court's order granting partial summary judgment to the plaintiffs. Signed by Judge Reggie B. Walton on 7/3/2014. (lcrbw2)
July 2, 2014 Opinion or Order Filing 390 NOTICE of Completion of Remands by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR re #371 Memorandum & Opinion, #370 Order on Motion for Summary Judgment,,, Order on Motion for Discovery, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit 5/21/2014 NOAA Letter from Bullard to Morin, #2 Exhibit 5/21/2014 NOAA Amended ITS, #3 Exhibit 5/21/2014 NOAA Memorandum from Colligan to Bullard, #4 Exhibit 6/2/2014 BOEM Letter from Morin to Bullard, #5 Exhibit 6/27/2014 FWS Letter from Phifer to Morin, #6 Exhibit 5/28/2014 FWS Memorandum from Laughland to Phifer, #7 Exhibit 7/2/2014 BOEM Letter from Morin to Phifer)(Williams, Robert)
June 12, 2014 Opinion or Order Filing 389 ORDER of USCA (certified copy) as to (382 in 1:10-cv-01067-RBW-DAR) Notice of Cross Appeal,, filed by WILLIAM H. RYPKA, ROBERT BUSSIERE, BARBARA JEAN PENNICK, RICHARD KLEIN, JEFF GOOD, FRANK CARUSO, DAVID MORIARTY, RON BORJESON, PAULINE K. KLEIN, CAMERON DAWSON, CROCKER SNOW, JR., HEATHER ROCKWELL, ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, PATRICIA J. DINEEN, NEIL GOOD, JAMES KEDING, JAMES R. POWELL, LOU GONZAGA, (384 in 1:10-cv-01067-RBW-DAR) Notice of Cross Appeal,, filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CALIFORNIANS FOR RENEWABLE ENERGY, RICHARD LARGAY, BARBARA DURKIN, CINDY LOWRY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION, (379 in 1:10-cv-01067-RBW-DAR) Notice of Appeal to DC Circuit Court,,, filed by UNITED STATES DEPARTMENT OF THE INTERIOR, TOMMY P. BEAUDREAU, ROBERT J. PAPP, JR., GARY LOCKE, U.S. COAST GUARD, MERDITH W.B. TEMPLE, KENNETH LEE SALAZAR, ROBERT L. VAN ANTWERP, ROWAN GOULD, UNITED STATES ARMY CORPS OF ENGINEERS, RONALD GOULD, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, MICHAEL R. BROMWICH, ERIC C. SCHWAAB, (387 in 1:10-cv-01067-RBW-DAR) Notice of Cross Appeal,, filed by TOWN OF BARNSTABLE, MASSACHUSETTS ; USCA Case Number 14-5117. ORDERED that the motion be granted, and these cases are hereby dismissed. The Clerk is directed to transmit forthwith to the United States District Court for the District of Columbia a certified copy of this order in lieu of formal mandate. (kb)
May 28, 2014 Opinion or Order Filing 388 Transmission of the Notice of Cross Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 5/27/14 re #387 Notice of Cross Appeal,,. (td, )
May 27, 2014 Opinion or Order Filing 387 NOTICE OF CROSS APPEAL as to #371 Memorandum & Opinion, #370 Order on Motion for Summary Judgment,,, Order on Motion for Discovery, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by TOWN OF BARNSTABLE, MASSACHUSETTS. Filing fee $ 505, receipt number 0090-3727813. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Order on Summary Judgment, #2 Memorandum Opinion)(Pilsk, William)
May 21, 2014 Opinion or Order Filing 386 Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
May 21, 2014 Opinion or Order Filing 385 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #384 Notice of Cross Appeal,,. (jf, )
May 20, 2014 Opinion or Order Filing 384 NOTICE OF CROSS APPEAL as to #371 Memorandum & Opinion, #370 Order on Motion for Summary Judgment,,, Order on Motion for Discovery, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. Filing fee $ 505, receipt number 0090-3722299. Fee Status: Fee Paid. Parties have been notified. (Glitzenstein, Eric)
May 20, 2014 Opinion or Order Filing 383 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date5/19/14 re #382 Notice of Cross Appeal,,. (td, )
May 19, 2014 Opinion or Order Filing 382 NOTICE OF CROSS APPEAL by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR. Filing fee $ 505, receipt number 0090-3720847. Fee Status: Fee Paid. Parties have been notified. (Attachments: #1 Order of March 14, 2014, #2 Opinion of March 14, 2014)(Bickford, James)
May 19, 2014 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re #381 Notice (Other), was entered in error and counsel was instructed to refile said pleading using the correct event. (td, )
May 16, 2014 Opinion or Order Filing 381 ENTERED IN ERROR. . . . .NOTICE OF CROSS-APPEAL by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Order of March 14, 2014, #2 Opinion of March 14, 2014)(Bickford, James) Modified on 5/22/2014 (td, ).
May 14, 2014 Opinion or Order Filing 380 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re #379 Notice of Appeal to DC Circuit Court,,,. (td, )
May 13, 2014 Opinion or Order Filing 379 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #371 Memorandum & Opinion, #370 Order on Motion for Summary Judgment,,, Order on Motion for Discovery, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by UNITED STATES ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, KENNETH LEE SALAZAR, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), MERDITH W.B. TEMPLE, ROBERT L. VAN ANTWERP, ROWAN GOULD, BUREAU OF OCEAN ENERGY MANAGEMENT, ERIC C. SCHWAAB, GARY LOCKE, UNITED STATES DEPARTMENT OF THE INTERIOR, RONALD GOULD, ROBERT J. PAPP, JR. Fee Status: No Fee Paid. Parties have been notified. (Attachments: #1 ECF No. 370, 03/14/14 Order, #2 ECF No. 371, 03/14/14 Memorandum Opinion)(Williams, Robert)
May 12, 2014 Opinion or Order Filing 378 REPLY to opposition to motion re #375 MOTION for Entry of Final Judgment as to Section 414 Claims filed by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, TOWN OF BARNSTABLE, MASSACHUSETTS. (Bickford, James)
May 5, 2014 Opinion or Order Filing 377 Memorandum in opposition to re #375 MOTION for Entry of Final Judgment as to Section 414 Claims filed by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Exhibit A - Opinion in Town of Barnstable v. Berwick)(Edens, Geraldine)
May 5, 2014 Opinion or Order Filing 376 Memorandum in opposition to re #375 MOTION for Entry of Final Judgment as to Section 414 Claims filed by RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Hajek, Luther)
April 21, 2014 Opinion or Order Filing 375 MOTION for Entry of Final Judgment as to Section 414 Claims by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, TOWN OF BARNSTABLE, MASSACHUSETTS (Bickford, James)
April 21, 2014 Opinion or Order Filing 374 NOTICE of Appearance by James O. Bickford on behalf of ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA (Bickford, James)
March 31, 2014 Opinion or Order Set/Reset Deadlines: Application for Attorneys' fees and costs due by 5/27/2014. (mpt)
March 27, 2014 Opinion or Order Filing 373 Unopposed MOTION for Extension of Time to File Application for Attorneys Fees and Costs Against Federal Defendants -- Corrected Version by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
March 27, 2014 Opinion or Order Filing 372 Unopposed MOTION for Extension of Time to File Application for Attorneys' Fees and Costs Against Federal Defendants by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric)
March 27, 2014 Opinion or Order MINUTE ORDER finding as moot #372 Motion for Extension of Time to File; granting #373 Motion for Extension of Time to File. Upon consideration of the PEER Plaintiff's Unopposed Motion for an Extension of Time to File an Application for Attorneys' Fees and Costs (ECF No. #373 ), in light of the federal defendants' consent, and for good cause shown, it is ORDERED that the motion is GRANTED, and the PEER plaintiffs shall file an application for attorneys' fees and costs on or before May 27, 2014. It appearing to the Court that ECF No. #373 is a corrected version of ECF No. #372 , it is further ORDERED that ECF No. #372 is DENIED AS MOOT. Signed by Judge Reggie B. Walton on 3/27/2014. (lcrbw2)
March 14, 2014 Opinion or Order Filing 371 MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 3/14/2014. (lcrbw2) (Main Document 371 replaced on 3/18/2014) (zmpt, ).
March 14, 2014 Opinion or Order Filing 370 ORDER denying #283 Motion for Summary Judgment; granting #301 Motion for Summary Judgment; granting #303 Motion for Summary Judgment; denying #316 Motion for Discovery; denying #316 Motion to Strike; granting in part and denying in part #171 Motion for Summary Judgment; denying #177 Motion for Summary Judgment; granting in part and denying in part #203 Motion for Summary Judgment; granting in part and denying in part #205 Motion for Summary Judgment; granting #209 Motion for Summary Judgment; granting #210 Motion for Summary Judgment. In accordance with the attached order, and for the reasons stated in the Court's memorandum opinion issued this same date, it is ORDERED that the PEER et al. Plaintiffs' Memorandum in Support of Their Motion for Summary Judgment on Their Claims under the Endangered Species Act and Migratory Bird Treaty Act is GRANTED IN PART AND DENIED IN PART. Specifically, the Court grants summary judgment to these plaintiffs on their claims that the FWS violated the ESA by failing to make an independent determination regarding whether the feathering operational adjustment was a reasonable and prudent measure, and the case is REMANDED to the FWS for it to issue reasonable and prudent measures in accordance with this Court's Memorandum Opinion. The Court also grants summary judgment to these plaintiffs on their claims that the NMFS violated the ESA by failing to issue an incidental take statement for the take of North Atlantic right whales, and the case is REMANDED to the NMFS for it to formulate and issue an incidental take statement in accordance with this Court's Memorandum Opinion. The plaintiffs' motion is denied in all other respects. It is further ORDERED that Federal Defendants' Cross-Motion for Summary Judgment, ECF No. #205 , and Intervenor Cape Wind Associates LLC's Motion for Summary Judgment, ECF No. #203 , are GRANTED IN PART AND DENIED IN PART. Specifically, the Court grants summary judgment to the defendants in all respects except as to the FWS's failure to make an independent determination regarding whether the feathering operational adjustment was a reasonable and prudent measure, and the NMFS's failure to issue an incidental take statement for the take of North Atlantic Right Whales. It is further ORDERED that Plaintiff the Wampanoag Tribe of Gay Head (Aquinnah) Motion for Summary Judgment is DENIED, and that the defendants' cross-motions for summary judgment, ECF Nos. #209 , #210 , are GRANTED. It is further ORDERED that the Plaintiffs' Joint Motion for Summary Judgment on all Remaining Claims is DENIED, and that the defendants' cross-motions for summary judgment, ECF Nos. #300 , #303 , are GRANTED. It is further ORDERED that the Plaintiffs' Rule 56(e) Motion for Discovery Necessary to Explain Defendants' Citation to Documents Withheld as "Deliberative" and Other Extra-Record Assertions or, in the Alternative, to Strike, is DENIED. It is further ORDERED that this case is ADMINISTRATIVELY CLOSED until notification is provided to the Court that the FWS and the NMFS have complied with the terms of this Order. Signed by Judge Reggie B. Walton on 3/14/2014. (lcrbw2) (Main Document 370 replaced on 3/18/2014) (zmpt, ).
January 31, 2014 Opinion or Order Filing 369 REPLY re #368 Response to Document Barnstable's Response to Cape Wind Associate's Notice of Supplemental Authority filed by U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Hajek, Luther)
January 24, 2014 Opinion or Order Filing 368 RESPONSE re #367 NOTICE OF SUPPLEMENTAL AUTHORITY filed by TOWN OF BARNSTABLE, MASSACHUSETTS. (Pilsk, William)
January 23, 2014 Opinion or Order Filing 367 NOTICE OF SUPPLEMENTAL AUTHORITY by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Exhibit 1)(Edens, Geraldine)
December 6, 2013 Opinion or Order Filing 366 RESPONSE re #365 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Williams, Robert)
November 27, 2013 Opinion or Order Filing 365 NOTICE OF SUPPLEMENTAL AUTHORITY by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Glitzenstein, Eric)
November 22, 2013 Opinion or Order Filing 364 RESPONSE re #363 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
November 20, 2013 Opinion or Order Filing 363 NOTICE OF SUPPLEMENTAL AUTHORITY by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Williams, Robert)
November 14, 2013 Opinion or Order Filing 362 NOTICE OF SUBSTITUTION OF COUNSEL by Robert Pendleton Williams on behalf of All Defendants Substituting for attorney Erik E. Petersen (Williams, Robert)
October 30, 2013 Opinion or Order Filing 361 NOTICE of Filing Video Files Referenced in Joint Appendix by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR re #356 Notice (Other),, (Hajek, Luther)
October 29, 2013 Opinion or Order Filing 360 RESPONSE re #358 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
October 25, 2013 Opinion or Order Filing 359 NOTICE OF WITHDRAWAL OF APPEARANCE as to ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Almy, Jessica)
October 23, 2013 Opinion or Order Filing 358 NOTICE OF SUPPLEMENTAL AUTHORITY by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit)(Schifman, Reuben)
October 23, 2013 Opinion or Order Filing 357 NOTICE of Appearance by Reuben S. Schifman on behalf of All Defendants (Schifman, Reuben)
September 25, 2013 Opinion or Order Filing 356 NOTICE REGARDING VIDEO FILES REFERENCED IN JOINT APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS re #333 Administrative Record,,,,, (Sharp, Benjamin)
September 12, 2013 Opinion or Order MINUTE ORDER granting #332 Motion for Extension of Time. For good cause shown, and in light of the parties' consent, the Unopposed Motion for an Extension of Time to File Appendix to the Administrative Record is GRANTED. The plaintiffs shall file the Appendix on or before September 11, 2013. Signed by Judge Reggie B. Walton on 9/11/2013. (lcrbw2)
September 11, 2013 Opinion or Order Filing 355 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000383992-0000384015, #2 Appendix CW0000384061-0000384072, #3 Appendix CW0000388162-0000388165, #4 Appendix CW0000388759-0000388760, #5 Appendix CW0000388823-0000388961, #6 Appendix CW0000390100-0000390127, #7 Appendix CW0000391997-0000392002, #8 Appendix CW0000392009-0000392011, #9 Appendix CW0000392012-0000392012, #10 Appendix CW_PRIV002294-002294-0002, #11 Appendix CW_PRIV002389-002389-0016, #12 Appendix CW_PRIV005397-005397-0006, #13 Appendix CW_PRIV005657-005657-0002, #14 Appendix CW_PRIV005816-005816-0003, #15 Appendix CW_PRIV006729-006729-0056, #16 Appendix CW_PRIV006827-006827-0003, #17 Appendix CW_PRIV006845-006845-0048, #18 Appendix CW_PRIV006880-006880-0011, #19 Appendix CW_PRIV007888-007888-0003, #20 Appendix CW_PRIV007889-007889-0002, #21 Appendix CW_PRIV008268-008268-0011, #22 Appendix CW_PRIV011532-011532-0010, #23 Appendix CW_PRIV012782-012782-0008, #24 Appendix CW_PRIV013325-013325, #25 Appendix CW_PRIV013818-013818-0003, #26 Appendix CW_PRIV017077-017077-0190, #27 Appendix CWDUPE000002589-000002649, #28 Appendix CWDUPE000006684-000006731, #29 Appendix CWDUPE000007151-000007154)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 354 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000359832-0000359847, #2 Appendix CW0000360302-0000360352, #3 Appendix CW0000360353-0000360469, #4 Appendix CW0000360634-0000360660, #5 Appendix CW0000360661-0000360667, #6 Appendix CW0000360703-0000360704, #7 Appendix CW0000361817-0000361817, #8 Appendix CW0000361891-0000361973, #9 Appendix CW0000362866-0000362870, #10 Appendix CW0000364814-0000364832, #11 Appendix CW0000368336-0000368337, #12 Appendix CW0000369635-0000369665, #13 Appendix CW0000370062-0000370063, #14 Appendix CW0000376758-0000376765, #15 Appendix CW0000376901-0000376902, #16 Appendix CW0000378487-0000378487, #17 Appendix CW0000379216-0000379247, #18 Appendix CW0000379268-0000379290, #19 Appendix CW0000379291-0000379310, #20 Appendix CW0000380217-0000380355, #21 Appendix CW0000381363-0000381367, #22 Appendix CW0000383817-0000383827, #23 Appendix CW0000383839-0000383851, #24 Appendix CW0000383874-0000383881, #25 Appendix CW0000383974-0000383975)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 353 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000315445-0000315445, #2 Appendix CW0000315532-0000315534, #3 Appendix CW0000315759-0000315762, #4 Appendix CW0000330301-0000330301, #5 Appendix CW0000330302-0000330305, #6 Appendix CW0000330306-0000330306, #7 Appendix CW0000334595-0000334595, #8 Appendix CW0000339282-0000339282, #9 Appendix CW0000340156-0000340156, #10 Appendix CW0000340936-0000340966, #11 Appendix CW0000348072-0000348080, #12 Appendix CW0000349005-0000349048, #13 Appendix CW0000351593-0000351777, #14 Appendix CW0000351997-0000352056, #15 Appendix CW0000352083-0000352099, #16 Appendix CW0000353922-0000353940, #17 Appendix CW0000354737-0000354763, #18 Appendix CW0000356588-0000356590, #19 Appendix CW0000356945-0000357195, #20 Appendix CW0000357196-0000357624, #21 Appendix CW0000358464-0000358595, #22 Appendix CW0000358596-0000358627, #23 Appendix CW0000358885-0000358893, #24 Appendix CW0000359500-0000359750, #25 Appendix CW0000359799-0000359829)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 352 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000267463-0000267464, #2 Appendix CW0000268817-0000268899, #3 Appendix CW0000269517-0000269534, #4 Appendix CW0000269644-0000269649, #5 Appendix CW0000270524-0000270527, #6 Appendix CW0000270664-0000270716, #7 Appendix CW0000274576-0000274629, #8 Appendix CW0000277362-0000277444, #9 Appendix CW0000278575-0000278591, #10 Appendix CW0000282662-0000282673, #11 Appendix CW0000290161-0000290488, #12 Appendix CW0000290684-0000290686, #13 Appendix CW0000292500-0000292558, #14 Appendix CW0000297521-0000297545, #15 Appendix CW0000297777-0000297777, #16 Appendix CW0000298989-0000298991, #17 Appendix CW0000299962-0000300140, #18 Appendix CW0000300442-0000300445, #19 Appendix CW0000300703-0000300720, #20 Appendix CW0000302960-0000302960, #21 Appendix CW0000306982-0000306985, #22 Appendix CW0000307596-0000307597, #23 Appendix CW0000308607-0000308610, #24 Appendix CW0000313584-0000313585, #25 Appendix CW0000313586-0000313590)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 351 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000251929-0000251931, #2 Appendix CW0000253133-0000253144, #3 Appendix CW0000254978-0000254981, #4 Appendix CW0000255045-0000255054, #5 Appendix CW0000255055-0000255064, #6 Appendix CW0000255065-0000255947_Part 1, #7 Appendix CW0000255065-0000255947_Part 2, #8 Appendix CW0000256122-0000256123, #9 Appendix CW0000256212-0000256224, #10 Appendix CW0000257445-0000257446, #11 Appendix CW0000257721-0000257726, #12 Appendix CW0000258090-0000258177, #13 Appendix CW0000260499-0000260525, #14 Appendix CW0000262540-0000262540, #15 Appendix CW0000262757-0000262758, #16 Appendix CW0000262839-0000262841, #17 Appendix CW0000262902-0000262909, #18 Appendix CW0000264442-0000264444, #19 Appendix CW0000265917-0000265917, #20 Appendix CW0000265918-0000265922, #21 Appendix CW0000265923-0000265924, #22 Appendix CW0000266035-0000266085, #23 Appendix CW0000266087-0000266088, #24 Appendix CW0000267029-0000267058, #25 Appendix CW0000267462-0000267462)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 350 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000242601-0000242603, #2 Appendix CW0000242633-0000242635, #3 Appendix CW0000242748-0000242748, #4 Appendix CW0000242755-0000242756, #5 Appendix CW0000243024-0000243027, #6 Appendix CW0000243581-0000243586, #7 Appendix CW0000243683-0000243683, #8 Appendix CW0000243685-0000243712, #9 Appendix CW0000243921-0000243921, #10 Appendix CW0000244281-0000244283, #11 Appendix CW0000244773-0000244774, #12 Appendix CW0000245965-0000245965, #13 Appendix CW0000245970-0000246025, #14 Appendix CW0000246067-0000246068, #15 Appendix CW0000246518-0000246533, #16 Appendix CW0000246534-0000246578, #17 Appendix CW0000246579-0000246584, #18 Appendix CW0000246589-0000246616, #19 Appendix CW0000246626-0000246630, #20 Appendix CW0000246631-0000246636, #21 Appendix CW0000247008-0000247754, #22 Appendix CW0000247888-0000247890, #23 Appendix CW0000247896-0000247898, #24 Appendix CW0000248838-0000248840, #25 Appendix CW0000249823-0000249826)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 349 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000235269-0000235271, #2 Appendix CW0000236482-0000236483, #3 Appendix CW0000236511-0000236512, #4 Appendix CW0000236729-0000236808, #5 Appendix CW0000237292-0000237462, #6 Appendix CW0000237534-0000237567, #7 Appendix CW0000237637-0000237661, #8 Appendix CW0000237662-0000237685, #9 Appendix CW0000237778-0000237788, #10 Appendix CW0000239021-0000239021, #11 Appendix CW0000239097-0000239098, #12 Appendix CW0000239261-0000239267, #13 Appendix CW0000239275-0000239298, #14 Appendix CW0000239568-0000239571, #15 Appendix CW0000239600-0000239601, #16 Appendix CW0000239697-0000239705, #17 Appendix CW0000241408-0000241410, #18 Appendix CW0000241529-0000241532, #19 Appendix CW0000241659-0000241659, #20 Appendix CW0000241680-0000241681, #21 Appendix CW0000241975-0000241975, #22 Appendix CW0000241992-0000241995, #23 Appendix CW0000242074-0000242074, #24 Appendix CW0000242101-0000242102, #25 Appendix CW0000242418-0000242461)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 348 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000227392-0000227422, #2 Appendix CW0000227437-0000227442, #3 Appendix CW0000227515-0000227515, #4 Appendix CW0000227544-0000227544, #5 Appendix CW0000227851-0000227864, #6 Appendix CW0000228001-0000228006, #7 Appendix CW0000228894-0000228896, #8 Appendix CW0000228942-0000228946, #9 Appendix CW0000229158-0000229159, #10 Appendix CW0000229833-0000229836, #11 Appendix CW0000229837-0000229841, #12 Appendix CW0000229875-0000229876, #13 Appendix CW0000232574-0000232574, #14 Appendix CW0000232647-0000232647, #15 Appendix CW0000232654-0000232654, #16 Appendix CW0000232935-0000232996, #17 Appendix CW0000233099-0000233100, #18 Appendix CW0000233105-0000233119, #19 Appendix CW0000233148-0000233163, #20 Appendix CW0000233164-0000233187, #21 Appendix CW0000234413-0000234416, #22 Appendix CW0000235001-0000235003, #23 Appendix CW0000235004-0000235005, #24 Appendix CW0000235006-0000235006, #25 Appendix CW0000235266-0000235268)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 347 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000211282-0000211289, #2 Appendix CW0000212087-0000212161, #3 Appendix CW0000221416-0000221420, #4 Appendix CW0000221455-0000221456, #5 Appendix CW0000223029-0000223033, #6 Appendix CW0000223491-0000223493, #7 Appendix CW0000223739-0000223741, #8 Appendix CW0000223742-0000223744, #9 Appendix CW0000223892-0000223892, #10 Appendix CW0000223896-0000223898, #11 Appendix CW0000223899-0000223899, #12 Appendix CW0000223939-0000223940, #13 Appendix CW0000224234-0000224236, #14 Appendix CW0000224296-0000224296, #15 Appendix CW0000224327-0000224352, #16 Appendix CW0000224702-0000224704, #17 Appendix CW0000224865-0000224866, #18 Appendix CW0000224903-0000224905, #19 Appendix CW0000224910-0000224910, #20 Appendix CW0000225180-0000225180, #21 Appendix CW0000226373-0000226405, #22 Appendix CW0000226471-0000226474, #23 Appendix CW0000226490-0000226491, #24 Appendix CW0000227006-0000227030, #25 Appendix CW0000227136-0000227136)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 346 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000187904-0000187908, #2 Appendix CW0000189187-0000189188, #3 Appendix CW0000190489-0000190491, #4 Appendix CW0000193811-0000193813, #5 Appendix CW0000194599-0000194601, #6 Appendix CW0000195558-0000195631, #7 Appendix CW0000195699-0000195701, #8 Appendix CW0000195855-0000195858, #9 Appendix CW0000195859-0000195865, #10 Appendix CW0000198647-0000198671, #11 Appendix CW0000201561-0000201588, #12 Appendix CW0000202827-0000202884, #13 Appendix CW0000204034-0000204390, #14 Appendix CW0000204568-0000204863, #15 Appendix CW0000205222-0000205222, #16 Appendix CW0000205227-0000205227, #17 Appendix CW0000205280-0000205280, #18 Appendix CW0000205281-0000205281, #19 Appendix CW0000205282-0000205282, #20 Appendix CW0000205283-0000205283, #21 Appendix CW0000205284-0000205284, #22 Appendix CW0000205285-0000205285, #23 Appendix CW0000205286-0000205286, #24 Appendix CW0000205423-0000205633, #25 Appendix CW0000208128-0000208420)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 345 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000163069-0000163069, #2 Appendix CW0000163268-0000163269, #3 Appendix CW0000163703-0000163704, #4 Appendix CW0000164248-0000164250, #5 Appendix CW0000165249-0000165249, #6 Appendix CW0000165374-0000165376, #7 Appendix CW0000166515-0000166518, #8 Appendix CW0000170672-0000170672, #9 Appendix CW0000174071-0000174077, #10 Appendix CW0000174255-0000174259, #11 Appendix CW0000175815-0000175830, #12 Appendix CW0000177599-0000177602, #13 Appendix CW0000177692-0000177732, #14 Appendix CW0000178879-0000178880, #15 Appendix CW0000179468-0000179492, #16 Appendix CW0000179688-0000179688, #17 Appendix CW0000179695-0000179695, #18 Appendix CW0000179746-0000179746, #19 Appendix CW0000180278-0000180279, #20 Appendix CW0000180388-0000180390, #21 Appendix CW0000180629-0000180633, #22 Appendix CW0000181097-0000181097, #23 Appendix CW0000182528-0000182777, #24 Appendix CW0000183668-0000183676, #25 Appendix CW0000187117-0000187119)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 344 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000141927-0000141958, #2 Appendix CW0000141959-0000142099, #3 Appendix CW0000142286-0000142316, #4 Appendix CW0000142317-0000142385, #5 Appendix CW0000142751-0000142751, #6 Appendix CW0000143123-0000143388, #7 Appendix CW0000143741-0000143850, #8 Appendix CW0000147237-0000147244, #9 Appendix CW0000147708-0000147710, #10 Appendix CW0000147718-0000147720, #11 Appendix CW0000155687-0000155689, #12 Appendix CW0000155780-0000155820, #13 Appendix CW0000156049-0000156053, #14 Appendix CW0000156085-0000156089, #15 Appendix CW0000156577-0000156607, #16 Appendix CW0000156892-0000157691, #17 Appendix CW0000157736-0000158012_Part 1, #18 Appendix CW0000157736-0000158012_Part 2, #19 Appendix CW0000161093-0000161094, #20 Appendix CW0000161095-0000161096, #21 Appendix CW0000162133-0000162134, #22 Appendix CW0000162181-0000162181, #23 Appendix CW0000162668-0000162669, #24 Appendix CW0000162831-0000162831, #25 Appendix CW0000163068-0000163068)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 343 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000110522-0000110527, #2 Appendix CW0000111903-0000111921, #3 Appendix CW0000111954-0000112028, #4 Appendix CW0000112029-0000112058, #5 Appendix CW0000112059-0000112059, #6 Appendix CW0000112696-0000112702, #7 Appendix CW0000113616-0000113640, #8 Appendix CW0000113641-0000113663, #9 Appendix CW0000118638-0000118645, #10 Appendix CW0000119269-0000119324, #11 Appendix CW0000119354-0000119356, #12 Appendix CW0000119567-0000119622, #13 Appendix CW0000119668-0000119668, #14 Appendix CW0000119674-0000119678, #15 Appendix CW0000119696-0000119706, #16 Appendix CW0000119707-0000119742, #17 Appendix CW0000119743-0000119786, #18 Appendix CW0000119790-0000119791, #19 Appendix CW0000119932-0000119932, #20 Appendix CW0000119956-0000119956, #21 Appendix CW0000120374-0000120541, #22 Appendix CW0000120542-0000120580, #23 Appendix CW0000120581-0000121463, #24 Appendix CW0000139850-0000139895, #25 Appendix CW0000141161-0000141481)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 342 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000072748-0000072750, #2 Appendix CW0000074776-0000075056, #3 Appendix CW0000075940-0000075986, #4 Appendix CW0000075987-0000076017, #5 Appendix CW0000076182-0000076201, #6 Appendix CW0000078105-0000078197, #7 Appendix CW0000078198-0000078256, #8 Appendix CW0000078257-0000078367, #9 Appendix CW0000078368-0000078375, #10 Appendix CW0000078989-0000078997, #11 Appendix CW0000106112-0000106127, #12 Appendix CW0000107585-0000107594, #13 Appendix CW0000107595-0000107597, #14 Appendix CW0000107605-0000107606, #15 Appendix CW0000107609-0000107610, #16 Appendix CW0000108629-0000108631, #17 Appendix CW0000109325-0000109327, #18 Appendix CW0000109328-0000109341, #19 Appendix CW0000109738-0000109745, #20 Appendix CW0000109746-0000109764, #21 Appendix CW0000109971-0000109992, #22 Appendix CW0000110047-0000110049, #23 Appendix CW0000110511-0000110512, #24 Appendix CW0000110513-0000110516, #25 Appendix CW0000110517-0000110520)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 341 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000044616-0000044618, #2 Appendix CW0000045551-0000045563, #3 Appendix CW0000046101-0000046197, #4 Appendix CW0000046767-0000046782, #5 Appendix CW0000048054-0000048070, #6 Appendix CW0000048093-0000048096, #7 Appendix CW0000048268-0000048273, #8 Appendix CW0000048307-0000048308, #9 Appendix CW0000048337-0000048339, #10 Appendix CW0000048378-0000048393, #11 Appendix CW0000048394-0000048419, #12 Appendix CW0000048436-0000048437, #13 Appendix CW0000048454-0000048464, #14 Appendix CW0000053815-0000054314, #15 Appendix CW0000063795-0000063810, #16 Appendix CW0000065030-0000065829, #17 Appendix CW0000065831-0000065831, #18 Appendix CW0000065880-0000065880, #19 Appendix CW0000066079-0000066079, #20 Appendix CW0000066154-0000066154, #21 Appendix CW0000066204-0000066214, #22 Appendix CW0000066309-0000066665, #23 Appendix CW0000066666-0000066744, #24 Appendix CW0000066745-0000066813, #25 Appendix CW0000067571-0000067780)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 340 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix CW0000020873-0000020873, #2 Appendix CW0000020874-0000020874, #3 Appendix CW0000020875-0000020875, #4 Appendix CW0000020876-0000020876, #5 Appendix CW0000021555-0000021555, #6 Appendix CW0000021558-0000021558, #7 Appendix CW0000022045-0000022046, #8 Appendix CW0000022080-0000022107, #9 Appendix CW0000023043-0000023049, #10 Appendix CW0000023448-0000023450, #11 Appendix CW0000023546-0000023554, #12 Appendix CW0000024367-0000024384, #13 Appendix CW0000024452-0000024480, #14 Appendix CW0000024481-0000024517, #15 Appendix CW0000024518-0000024685, #16 Appendix CW0000024686-0000024961, #17 Appendix CW0000024987-0000025011, #18 Appendix CW0000025013-0000025033, #19 Appendix CW0000025333-0000025657, #20 Appendix CW0000025889-0000026070, #21 Appendix CW0000026803-0000026807, #22 Appendix CW0000029999-0000030202, #23 Appendix CW0000031885-0000031903, #24 Appendix CW0000043507-0000043507, #25 Appendix CW0000043508-0000043508)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 339 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix NMFS 0970-0982 (NMFS AR File 027), #2 Appendix NMFS 0983-0983 (NMFS AR File 028), #3 Appendix NMFS 0984-0986 (NMFS AR File 029), #4 Appendix NMFS 0987-0988 (NMFS AR File 030), #5 Appendix NMFS 1017-1033 (NMFS AR File 036), #6 Appendix NMFS 1413-1584 (NMFS AR File 074), #7 Appendix NMFS 1598-1601 (NMFS AR File 076), #8 Appendix NMFS 2122-2139 (NMFS AR File 079), #9 Appendix CW0000000272-0000000479, #10 Appendix CW0000000953-0000000956, #11 Appendix CW0000000957-0000000958, #12 Appendix CW0000000959-0000000960, #13 Appendix CW0000001816-0000001818, #14 Appendix CW0000002095-0000002103, #15 Appendix CW0000002437-0000002518, #16 Appendix CW0000002519-0000002533, #17 Appendix CW0000002967-0000002977, #18 Appendix CW0000004522-0000004547, #19 Appendix CW0000004548-0000004549, #20 Appendix CW0000004550-0000004558, #21 Appendix CW0000004953-0000005259, #22 Appendix CW0000005943-0000006433, #23 Appendix CW0000007250-0000007673, #24 Appendix CW0000012725-0000012822, #25 Appendix CW0000019724-0000019832)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 338 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix USCGCAPEWIND00025705-00025705, #2 Appendix USCGCAPEWIND00025763-00025765, #3 Appendix USCGCAPEWIND00027374-00027378, #4 Appendix USCGCAPEWIND00027909-00027916, #5 Appendix USCGCAPEWIND00028671-00028672, #6 Appendix USCGCAPEWIND00028744-00028746, #7 Appendix USCGSUPP000104-000110, #8 Appendix USCGSUPP000957-000957, #9 Appendix USCGSUPP000966-000968, #10 Appendix USCGSUPP001100-001144, #11 Appendix USCGSUPP001151-001151, #12 Appendix USCGSUPP002136-002139, #13 Appendix USCGSUPP002140-002142, #14 Appendix USCGSUPP002145-002196, #15 Appendix FWS 000001-000098 (FWS AR Doc No 0001), #16 Appendix FWS 002210-002212 (FWS AR Doc No 0170_02), #17 Appendix FWS 003046-003073 (FWS AR Doc No 0296), #18 Appendix FWS 005833-005833 (FWS AR Doc No 0305), #19 Appendix FWS 018674-018675 (FWS AR Doc No 0885), #20 Appendix FWS 019178-019503 (FWS AR Doc No 0944), #21 Appendix FWS 022167-022188 (FWS AR Doc No 0984), #22 Appendix FWS 026342-026348 (FWS AR Doc No 1149), #23 Appendix FWS 031300-031303 (FWS AR Doc No 1317_01), #24 Appendix FWS 031489-031493 (FWS AR Doc No 1318_01), #25 Appendix FWS 031494-031497 (FWS AR Doc No 1318_02), #26 Appendix FWS 031870-031921 (FWS AR Doc No 1379))(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 337 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix USCGCAPEWIND00019708-00019714, #2 Appendix USCGCAPEWIND00019765-00019794, #3 Appendix USCGCAPEWIND00019890-00019894, #4 Appendix USCGCAPEWIND00019939-00019942, #5 Appendix USCGCAPEWIND00020167-00020184, #6 Appendix USCGCAPEWIND00020187-00020188, #7 Appendix USCGCAPEWIND00020395-00020397, #8 Appendix USCGCAPEWIND00020475-00020477, #9 Appendix USCGCAPEWIND00020578-00020585, #10 Appendix USCGCAPEWIND00021352-00021357, #11 Appendix USCGCAPEWIND00021526-00021528, #12 Appendix USCGCAPEWIND00021602-00021606, #13 Appendix USCGCAPEWIND00021799-00021802, #14 Appendix USCGCAPEWIND00021917-00021985, #15 Appendix USCGCAPEWIND00022070-00022072, #16 Appendix USCGCAPEWIND00022644-00022646, #17 Appendix USCGCAPEWIND00022648-00022649, #18 Appendix USCGCAPEWIND00022986-00022991, #19 Appendix USCGCAPEWIND00023205-00023205, #20 Appendix USCGCAPEWIND00023402-00023405, #21 Appendix USCGCAPEWIND00023731-00023731, #22 Appendix USCGCAPEWIND00023942-00023950, #23 Appendix USCGCAPEWIND00023962-00023976, #24 Appendix USCGCAPEWIND00024889-00024906, #25 Appendix USCGCAPEWIND00025375-00025383)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 336 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix USCGCAPEWIND00015377-00015378, #2 Appendix USCGCAPEWIND00015443-00015445, #3 Appendix USCGCAPEWIND00015563-00015567, #4 Appendix USCGCAPEWIND00015771-00015780, #5 Appendix USCGCAPEWIND00015866-00015866, #6 Appendix USCGCAPEWIND00015877-00015878, #7 Appendix USCGCAPEWIND00016298-00016360, #8 Appendix USCGCAPEWIND00016419-00016425, #9 Appendix USCGCAPEWIND00016538-00016562, #10 Appendix USCGCAPEWIND00016564-00016593, #11 Appendix USCGCAPEWIND00017058-00017060, #12 Appendix USCGCAPEWIND00017269-00017271, #13 Appendix USCGCAPEWIND00017282-00017287, #14 Appendix USCGCAPEWIND00017303-00017303, #15 Appendix USCGCAPEWIND00017306-00017336, #16 Appendix USCGCAPEWIND00017353-00017353, #17 Appendix USCGCAPEWIND00017409-00017409, #18 Appendix USCGCAPEWIND00017437-00017448, #19 Appendix USCGCAPEWIND00017646-00017646, #20 Appendix USCGCAPEWIND00017857-00017860, #21 Appendix USCGCAPEWIND00018688-00018708, #22 Appendix USCGCAPEWIND00018712-00018713, #23 Appendix USCGCAPEWIND00018801-00018814, #24 Appendix USCGCAPEWIND00019096-00019136, #25 Appendix USCGCAPEWIND00019439-00019447)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 335 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix USCGCAPEWIND00002284-00002312, #2 Appendix USCGCAPEWIND00002313-00002313, #3 Appendix USCGCAPEWIND00002314-00002314, #4 Appendix USCGCAPEWIND00002315-00002317, #5 Appendix USCGCAPEWIND00002318-00002326, #6 Appendix USCGCAPEWIND00002331-00002342, #7 Appendix USCGCAPEWIND00004510-00005227_Part 1, #8 Appendix USCGCAPEWIND00004510-00005227_Part 2, #9 Appendix USCGCAPEWIND00004510-00005227_Part 3, #10 Appendix USCGCAPEWIND00005946-00005957, #11 Appendix USCGCAPEWIND00005969-00005984, #12 Appendix USCGCAPEWIND00005991-00006023, #13 Appendix USCGCAPEWIND00006036-00006041, #14 Appendix USCGCAPEWIND00008279-00008283, #15 Appendix USCGCAPEWIND00008633-00008634, #16 Appendix USCGCAPEWIND00011033-00011065, #17 Appendix USCGCAPEWIND00012742-00012773, #18 Appendix USCGCAPEWIND00013242-00013247, #19 Appendix USCGCAPEWIND00013906-00013936, #20 Appendix USCGCAPEWIND00013971-00013971, #21 Appendix USCGCAPEWIND00014906-00014911, #22 Appendix USCGCAPEWIND00014972-00014972, #23 Appendix USCGCAPEWIND00014977-00015045, #24 Appendix USCGCAPEWIND00015238-00015246, #25 Appendix USCGCAPEWIND00002281-00002283)(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 334 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix USCGCAPEWIND00001685-00001771, #2 Appendix USCGCAPEWIND00001777-00001793, #3 Appendix USCGCAPEWIND0000179400001807, #4 Appendix USCGCAPEWIND00001846-00001847, #5 Appendix USCGCAPEWIND00001852-00001852, #6 Appendix USCGCAPEWIND00001853-00001858, #7 Appendix USCGCAPEWIND00001859-00001873, #8 Appendix USCGCAPEWIND00001878-00001879, #9 Appendix USCGCAPEWIND00001880-00001883, #10 Appendix USCGCAPEWIND00001916-00001916, #11 Appendix USCGCAPEWIND00001933-00001986, #12 Appendix USCGCAPEWIND00001988-00002013, #13 Appendix USCGCAPEWIND00002102-00002117, #14 Appendix USCGCAPEWIND00002123-00002123 (USCG AR Doc No 92), #15 Appendix USCGCAPEWIND00002124-00002124 (USCG AR Doc No 93), #16 Appendix USCGCAPEWIND00002125-00002127 (USCG AR Doc No 94), #17 Appendix USCGCAPEWIND00002128-00002128 (USCG AR Doc No 95), #18 Appendix USCGCAPEWIND00002129-00002132 (USCG AR Doc No 96), #19 Appendix USCGCAPEWIND00002123-00002123 (USCG AR Doc No 122), #20 Appendix USCGCAPEWIND00002151-00002170 (USCG AR Doc No 99))(Sharp, Benjamin)
September 11, 2013 Opinion or Order Filing 333 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Appendix USCGCAPEWIND00000309-00000322, #2 Appendix USCGCAPEWIND00000323-00000400, #3 Appendix USCGCAPEWIND00000409-00000424, #4 Appendix USCGCAPEWIND00000433-00000516, #5 Appendix USCGCAPEWIND00000520-00000521, #6 Appendix USCGCAPEWIND00000531-00000562, #7 Appendix USCGCAPEWIND00000907-00001044_Part 1, #8 Appendix USCGCAPEWIND00000907-00001044_Part 2, #9 Appendix USCGCAPEWIND00001045-00001051, #10 Appendix USCGCAPEWIND00001074-00001082, #11 Appendix USCGCAPEWIND00001086-00001111, #12 Appendix USCGCAPEWIND00001112-00001120, #13 Appendix USCGCAPEWIND00001121-00001177, #14 Appendix USCGCAPEWIND00001200-00001202, #15 Appendix USCGCAPEWIND00001593-00001608)(Sharp, Benjamin)
September 10, 2013 Opinion or Order Filing 332 Consent MOTION for Extension of Time to File Appendix to Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
September 3, 2013 Opinion or Order Filing 331 NOTICE OF WITHDRAWAL OF MOTION by CAPE WIND ASSOCIATES, LLC re #233 MOTION Defer the Filing of a Single Joint Appendix (Edens, Geraldine)
August 27, 2013 Opinion or Order Filing 330 REPLY to opposition to motion re #301 MOTION for Summary Judgment Federal Defendants' Motion for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al. and Town of Barnstable and Memorandum in Support filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Hajek, Luther)
August 26, 2013 Opinion or Order Filing 329 ERRATA by CAPE WIND ASSOCIATES, LLC #328 Reply to opposition to Motion, filed by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Exhibit Corrected Cover Page for Reply, #2 Exhibit Unpublished Opinion)(Edens, Geraldine)
August 26, 2013 Opinion or Order NOTICE OF ERROR re #328 Reply to opposition to Motion; emailed to gedens@bakerlaw.com, cc'd 50 associated attorneys -- The PDF file you docketed contained errors: 1. The opposition portion of document needs to be filed. (td, )
August 23, 2013 Opinion or Order Filing 328 REPLY to opposition to motion re #303 MOTION for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al., Town of Barnstable, and Public Employees for Environmental Responsibility, et al. and Memorandum in Support filed by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Edens, Geraldine)
August 23, 2013 Opinion or Order ORDER granting #322 Motion for Leave to File Excess Pages; granting in part and denying in part #323 Motion for Leave to File Excess Pages; granting #324 Motion to Expedite. For good cause shown, and in light of the parties' consent, it is ORDERED that the motion to expedite (ECF No. #324 ) is GRANTED. For good cause shown, it is ORDERED that the intervenor defendant's motion for leave to file excess pages (ECF No. #322 ) is GRANTED. The intervenor defendant may file a reply brief of up to and including 50 pages. For good cause shown, it is ORDERED that the federal defendants' motion for leave to file excess pages (ECF No. #323 ) is GRANTED IN PART and DENIED IN PART. The federal defendants may file a reply brief of up to and including 50 pages. Signed by Judge Reggie B. Walton on 8/23/2013. (lcrbw2)
August 21, 2013 Opinion or Order Filing 327 REPLY to opposition to motion re #322 MOTION for Leave to File Excess Pages filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
August 21, 2013 Opinion or Order Filing 326 REPLY to opposition to motion re #323 MOTION for Leave to File Excess Pages Federal Defendants' Motion for Leave to File a Combined Summary Judgment Reply and to Exceed the Page Limit filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
August 20, 2013 Opinion or Order Filing 325 RESPONSE re #322 MOTION for Leave to File Excess Pages , #323 MOTION for Leave to File Excess Pages Federal Defendants' Motion for Leave to File a Combined Summary Judgment Reply and to Exceed the Page Limit filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Sharp, Benjamin)
August 16, 2013 Opinion or Order Filing 324 Unopposed MOTION to Expedite Consideration of Federal Defendants' Motion for Leave to File a Combined Summary Judgment Reply and to Exceed the Page Limit by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Hajek, Luther)
August 16, 2013 Opinion or Order Filing 323 MOTION for Leave to File Excess Pages Federal Defendants' Motion for Leave to File a Combined Summary Judgment Reply and to Exceed the Page Limit by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order)(Hajek, Luther)
August 16, 2013 Opinion or Order Filing 322 MOTION for Leave to File Excess Pages by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Text of Proposed Order)(Edens, Geraldine)
August 16, 2013 Opinion or Order Filing 321 REPLY to opposition to motion re #316 MOTION for Discovery Rule 56(e) MOTION to Strike filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, TOWN OF BARNSTABLE, MASSACHUSETTS. (Sharp, Benjamin)
August 13, 2013 Opinion or Order Filing 320 Memorandum in opposition to re #316 MOTION for Discovery Rule 56(e) MOTION to Strike filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
August 13, 2013 Opinion or Order Filing 319 Memorandum in opposition to re #316 MOTION for Discovery Rule 56(e) MOTION to Strike filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Hajek, Luther)
August 7, 2013 Opinion or Order Filing 318 NOTICE of Appearance by Donald Christian Baur on behalf of ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA (Baur, Donald)
August 6, 2013 Opinion or Order Filing 317 Memorandum in opposition to re #301 MOTION for Summary Judgment Federal Defendants' Motion for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al. and Town of Barnstable and Memorandum in Support, #303 MOTION for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al., Town of Barnstable, and Public Employees for Environmental Responsibility, et al. and Memorandum in Support of Plaintiffs' Motion for Summary Judgment filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Declaration Audra Parker, #2 Declaration Roland Breault, #3 Declaration Thomas Lynch)(Sharp, Benjamin)
August 6, 2013 Opinion or Order Filing 316 MOTION for Discovery Rule 56(e) by ALLIANCE TO PROTECT NANTUCKET SOUND (Attachments: #1 Declaration Sharp Declaration, #2 Exhibit Ex. A to Sharp Declaration, #3 Exhibit Ex. B to Sharp Declaration, #4 Exhibit Ex. C to Sharp Declaration, #5 Exhibit Ex. D to Sharp Declaration, #6 Text of Proposed Order Text of Proposed Order)(Sharp, Benjamin). Added MOTION to Strike defendants' extra-record evidence and make adverse findings against defendants on 8/7/2013 (td, ).
August 6, 2013 Opinion or Order Filing 315 NOTICE Regarding the Recusal of Acting Assistant Attorney General Robert G. Dreher by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Hajek, Luther)
July 31, 2013 Opinion or Order MINUTE ORDER granting in part and denying in part #310 Motion for Extension of Time to File Response/Reply; granting #310 Motion for Leave to File Excess Pages; granting #311 Motion to Expedite. For good cause shown, the Plaintiffs' Motion to Expedite #311 is GRANTED. Upon the Court's consideration of the Plaintiffs' Combined Motion for a One-Week Extension and for Leave to File a Joint Combined Memorandum #310 , as well as the oppositions and reply thereto, it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART. The plaintiffs may file a joint combined memorandum in opposition to the federal defendants' and intervenor defendant's cross-motions for summary judgmetn and in further support of the plaintiffs' motion for summary judgment of up to 90 pages in length. The plaintiffs shall file their joint combined memorandum on or before August 6, 2013. Signed by Judge Reggie B. Walton on 7/31/2013. (lcrbw2)
July 30, 2013 Opinion or Order Filing 314 REPLY to opposition to motion re #310 First MOTION for Extension of Time to File Response/Reply as to #301 MOTION for Summary Judgment Federal Defendants' Motion for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al. and Town of Barnsta MOTION for Leave to File Excess Pages filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Sharp, Benjamin)
July 30, 2013 Opinion or Order Filing 313 Memorandum in opposition to re #310 First MOTION for Extension of Time to File Response/Reply as to #301 MOTION for Summary Judgment Federal Defendants' Motion for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al. and Town of Barnsta MOTION for Leave to File Excess Pages filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Hajek, Luther)
July 29, 2013 Opinion or Order Filing 312 RESPONSE re #310 First MOTION for Extension of Time to File Response/Reply as to #301 MOTION for Summary Judgment Federal Defendants' Motion for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al. and Town of Barnsta MOTION for Leave to File Excess Pages filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
July 26, 2013 Opinion or Order Filing 311 MOTION to Expedite Consideration of Plaintiffs' Combined Motion for a One-Week Extension and for Leave to File a Joint Combined Memorandum in Opposition to Federal Defendants and Intervenors Cross-Motions for Summary Judgment and in Support of Plaintiffs Motion for Summary Judgment (ECF No. 310) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
July 26, 2013 Opinion or Order Filing 310 First MOTION for Extension of Time to File Response/Reply as to #301 MOTION for Summary Judgment Federal Defendants' Motion for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al. and Town of Barnstable and Memorandum in Support, #303 MOTION for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al., Town of Barnstable, and Public Employees for Environmental Responsibility, et al. and Memorandum in Support, #283 Joint MOTION for Summary Judgment , MOTION for Leave to File Excess Pages by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
July 23, 2013 Opinion or Order Filing 309 AMICUS BRIEF by CAPE COD MARINE TRADES ASSOCIATION, INC., MASSACHUSETTS FISHERMEN'S PARTNERSHIP, INC.. (td, )
July 23, 2013 Opinion or Order Filing 308 AMICUS BRIEF by WHALE AND DOLPHIN CONSERVATION. (td, )
July 23, 2013 Opinion or Order Filing 307 AMICUS BRIEF by NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES. (td, )
July 23, 2013 Opinion or Order Filing 306 AMICUS BRIEF by AMERICAN BIRD CONSERVANCY. (td, )
July 23, 2013 Opinion or Order MINUTE ORDER granting #279 Motion for Leave to File; granting #287 Motion for Leave to File; granting #288 Motion for Leave to File; granting #289 Motion for Leave to File; denying as moot #214 Motion for Leave to File. For good cause shown, it is ORDERED that the motions by Cape Cod Marine Trades Association, Inc. and Massachusetts Fishermen's Partnership, Inc. (ECF No. #289 ), Whale and Dolphin Conservation (North America) (ECF No. #288 ), and National Trust for Historic Preservation (ECF No. #287 ), and the amended motion by American Bird Conservancy (ECF No. #279 ) for leave to file amicus briefs in this action are GRANTED. In light of the Court's order, it is further ORDERED that the American Bird Conservancy's motion for leave to file (ECF No. #214 ) is DENIED AS MOOT. The Court's review of the amicus briefs indicates to the Court that the amici have not raised new legal arguments that have not already been raised by the parties, and thus finds it unnecessary for the defendants and intervenors to respond to those arguments in separate briefs. However, if the defendants deem a response necessary, it is further ORDERED that any responses to the amicus briefs shall be addressed in the defendants' and intervenors' reply briefs in further support of their cross motions for summary judgment. In order to allow the defendants and intervenors time to assess whether such responses are necessary, it is further ORDERED that the defendants' and intervenors' replies in further support of their cross motions for summary judgment shall be filed on or before August 30, 2013. Signed by Judge Reggie B. Walton on 7/23/2013. (lcrbw2)
July 23, 2013 Opinion or Order MINUTE ORDER granting #196 Motion for Extension of Time to File. For good cause shown, and in light of the parties' consent, it is ORDERED that motion is GRANTED nunc pro tunc. The brief of amici Conservation Law Foundation, Natural Resources Defense Council and Mass Audubon is deemed timely filed. Signed by Judge Reggie B. Walton on 7/23/2013. (lcrbw2)
July 23, 2013 Opinion or Order MINUTE ORDER terminating as moot #201 Motion to Expedite. In light of the fact that the Court resolved the plaintiffs' objections, see ECF No. #273 , and in light of the fact that a summary judgment briefing schedule has been set, it is ORDERED that the motion to expedite is TERMINATED AS MOOT. Signed by Judge Reggie B. Walton on 7/23/2013. (lcrbw2)
July 19, 2013 Opinion or Order Filing 305 RESPONSE re #298 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
July 12, 2013 Opinion or Order Filing 304 Memorandum in opposition to re #283 Joint MOTION for Summary Judgment filed by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Edens, Geraldine)
July 12, 2013 Opinion or Order Filing 303 MOTION for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al., Town of Barnstable, and Public Employees for Environmental Responsibility, et al. and Memorandum in Support by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Edens, Geraldine)
July 12, 2013 Opinion or Order Filing 302 Memorandum in opposition to re #283 Joint MOTION for Summary Judgment filed by CONSERVATION LAW FOUNDATION, MASS AUDUBON, NATURAL RESOURCES DEFENSE COUNCIL. (Longstreth, Benjamin)
July 12, 2013 Opinion or Order Filing 301 MOTION for Summary Judgment Federal Defendants' Motion for Summary Judgment on Claims Brought by Plaintiffs Alliance to Protect Nantucket Sound et al. and Town of Barnstable and Memorandum in Support by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Hajek, Luther)
July 12, 2013 Opinion or Order Filing 300 Memorandum in opposition to re #283 Joint MOTION for Summary Judgment filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Hajek, Luther)
July 11, 2013 Opinion or Order NOTICE OF ERROR re #299 Notice (Other); emailed to emerritt@savingplaces.org, cc'd 49 associated attorneys -- The PDF file you docketed contained errors: 1. This document has been added as an exhibit to entry #287 . (td, )
July 10, 2013 Opinion or Order Filing 299 ENTERED IN ERROR. . . . .NOTICE of Proposed Amicus Curiae Brief by NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES re #297 Reply to opposition to Motion (Merritt, Elizabeth) Modified on 7/11/2013 (td, ).
July 10, 2013 Opinion or Order Filing 298 NOTICE OF SUPPLEMENTAL AUTHORITY by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit)(Petersen, Erik)
July 9, 2013 Opinion or Order Filing 297 REPLY to opposition to motion re #287 MOTION for Leave to File Amicus Curiae Brief filed by NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES. (Merritt, Elizabeth)
July 9, 2013 Opinion or Order Filing 296 REPLY to opposition to motion re #289 MOTION for Leave to File Amicus filed by CAPE COD MARINE TRADES ASSOCIATION, INC., MASSACHUSETTS FISHERMEN'S PARTNERSHIP, INC.. (Lochner, Todd)
July 8, 2013 Opinion or Order Filing 295 RESPONSE re #289 MOTION for Leave to File, #288 MOTION for Leave to File Brief Amicus Curiae filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Hajek, Luther)
July 2, 2013 Opinion or Order Filing 294 RESPONSE re #289 MOTION for Leave to File, #288 MOTION for Leave to File Brief Amicus Curiae, #287 MOTION for Leave to File Amicus Curiae Brief filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
July 2, 2013 Opinion or Order Filing 293 Memorandum in opposition to re #287 MOTION for Leave to File Amicus Curiae Brief filed by BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
June 26, 2013 Opinion or Order Filing 292 NOTICE of Proposed Order by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS re #283 Joint MOTION for Summary Judgment (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
June 24, 2013 Opinion or Order MINUTE ORDER granting #291 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motion for leave to appear pro hac vice by John K. Fulweiler, and finding good cause to grant the motion, the motion is hereby GRANTED. John K. Fulweiler may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 6/24/2013. (lcrbw2)
June 21, 2013 Opinion or Order Filing 291 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John Kennedy Fulweiler, Jr., :Address- 40 Mary Street, First Floor, Newport, RI 02840. Phone No. - (401) 667-0977. by CAPE COD MARINE TRADES ASSOCIATION, INC., MASSACHUSETTS FISHERMEN'S PARTNERSHIP, INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(znmw, )
June 21, 2013 Opinion or Order Filing 290 NOTICE of Appearance by Todd D. Lochner on behalf of CAPE COD MARINE TRADES ASSOCIATION, INC., MASSACHUSETTS FISHERMEN'S PARTNERSHIP, INC. (znmw, )
June 21, 2013 Opinion or Order Filing 289 MOTION for Leave to File Amicus Curiae Brief by CAPE COD MARINE TRADES ASSOCIATION, INC., MASSACHUSETTS FISHERMEN'S PARTNERSHIP, INC. (Attachments: #1 Proposed Amicus Brief, #2 Text of Proposed Order)(znmw, )
June 21, 2013 Opinion or Order Filing 288 MOTION for Leave to File Brief Amicus Curiae by Whale and Dolphin Conservation (Attachments: #1 Proffered Brief Amicus Curiae)(Dougherty, James)
June 21, 2013 Opinion or Order Filing 287 MOTION for Leave to File Amicus Curiae Brief by NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES (Attachments: #1 Text of Proposed Order Proposed Order, #2 Certificate of Service)(Merritt, Elizabeth) (Additional attachment(s) added on 7/11/2013: #3 Exhibit Amicus Brief) (td, ).
June 20, 2013 Opinion or Order Set/Reset Deadlines: Show Cause in writing by 6/25/2013. (mpt, )
June 20, 2013 Opinion or Order MINUTE ORDER granting #282 Motion for Leave to File Excess Pages. For good cause shown, it is ORDERED that the Court's June 18, 2013 order to show cause is DISCHARGED. For good cause shown, and in light of the parties' consent, it is FURTHER ORDERED that the Plaintiffs' Unopposed Joint Motion for Enlargement of Page Limit (ECF No. #282 ) is GRANTED. The plaintiffs may file a brief of up to 90 pages in support of their joint motion for summary judgment, and the defendants may each file a brief of up to 90 pages in response. The defendants shall make every effort to ensure that their arguments are not duplicative. Signed by Judge Reggie B. Walton on 6/20/2013. (lcrbw2)
June 19, 2013 Opinion or Order Filing 286 ERRATA Correcting Memorandum in Support of Motion for Summary Judgment by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS #283 Joint MOTION for Summary Judgment filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, BARBARA JEAN PENNICK, RICHARD KLEIN, CALIFORNIANS FOR RENEWABLE ENERGY, RICHARD LARGAY, TOWN OF BARNSTABLE, MASSACHUSETTS, JEFF GOOD, FRANK CARUSO, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, RON BORJESON, BARBARA DURKIN, CAMERON DAWSON, JONATHAN E. MAYHEW, MARTHA POWERS, ALLIANCE TO PROTECT NANTUCKET SOUND, WILLIAM H. RYPKA, ROBERT BUSSIERE, DAVID MORIARTY, CINDY LOWRY, PAULINE K. KLEIN, HEATHER ROCKWELL, CROCKER SNOW, JR., CETACEAN SOCIETY INTERNATIONAL, THREE BAYS PRESERVATION, LOWER LAGUNA MADRE FOUNDATION, CHRISTOPHER BIRDSEY, PATRICIA J. DINEEN, NEIL GOOD, JAMES KEDING, JAMES R. POWELL, ANTHONY R. JESSEN, LOU GONZAGA. (Attachments: #1 Errata)(Sharp, Benjamin)
June 19, 2013 Opinion or Order Filing 285 RESPONSE TO ORDER OF THE COURT re #284 Order, filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Sharp, Benjamin)
June 18, 2013 Opinion or Order Filing 284 ORDER. For the reasons stated in the attached order, it is ORDERED that the plaintiffs shall show cause in writing on or before June 25, 2013, why the Plaintiffs' Unopposed Joint Motion for Enlargement of Page Limit should not be denied. Signed by Judge Reggie B. Walton on 6/18/2013. (lcrbw2)
June 14, 2013 Opinion or Order Filing 283 Joint MOTION for Summary Judgment by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS (Attachments: #1 Memorandum in Support)(Sharp, Benjamin)
June 14, 2013 Opinion or Order Filing 282 Unopposed MOTION for Leave to File Excess Pages by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
June 14, 2013 Opinion or Order Filing 281 RESPONSE #280 Response to Cape Wind Associates' Opposition to American Bird Conservancy's Amended Motion For Leave to File Amicus Curiae Brief filed by AMERICAN BIRD CONSERVANCY. (Weeks, W.) Modified to add linkage on 6/17/2013 (ztd, ).
June 13, 2013 Opinion or Order Filing 280 RESPONSE re #279 MOTION for Leave to File filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
June 10, 2013 Opinion or Order Filing 279 Amended MOTION for Leave to File Amicus Brief by AMERICAN BIRD CONSERVANCY (Attachments: #1 Text of Proposed Order)(jf, ) (Additional attachment(s) added on 6/11/2013: #2 Exhibit Amicus Brief) (jf, ).
June 3, 2013 Opinion or Order MINUTE ORDER denying #274 Motion to Clarify; granting #274 Motion to Modify. For good cause shown, it is ORDERED that the summary judgment schedule outlined in the Court's Order of May 16, 2013 (see ECF No. #273 ) is MODIFIED as follows: (1) the plaintiffs shall file their motions for summary judgment on or before June 14, 2013; (2) the defendants and intervenors shall file their cross motions for summary judgment on or before July 12, 2013; (3) the plaintiffs shall file their combined oppositions to the defendants' and intervenors' cross motions and replies in further support of their motion for summary judgment on or before August 2, 2013; and (4) the defendants and intervenors shall file their replies in further support of their cross motions for summary judgment on or before August 16, 2013. In light of the modification of the summary judgment schedule, it is ORDERED that the plaintiffs' motion for clarification is DENIED as moot. Signed by Judge Reggie B. Walton on 6/3/2013. (lcrbw2)
May 30, 2013 Opinion or Order Filing 278 REPLY to opposition to motion re #274 MOTION to Clarify the Scheduling Order MOTION to Modify the Scheduling Order filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sharp, Benjamin)
May 29, 2013 Opinion or Order Filing 277 RESPONSE re #274 MOTION to Clarify the Scheduling Order MOTION to Modify the Scheduling Order filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Hajek, Luther)
May 28, 2013 Opinion or Order Filing 276 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- TYLER G. WELTI, :Firm- Perkins Coie LLP, :Address- 700 13th St. NW Suite 600 Washington, DC 20005-3960. Phone No. - (202) 654-6200. Fax No. - (202) 654-6211 by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Affidavit, #2 Certificate of Service, #3 Text of Proposed Order)(Sharp, Benjamin)
May 28, 2013 Opinion or Order MINUTe ORDER granting #276 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motion for leave to appear pro hac vice by Tyler Welti, and finding good cause to grant the motion, the motion is hereby GRANTED. Tyler Welti may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 5/28/2013. (lcrbw2)
May 24, 2013 Opinion or Order Filing 275 RESPONSE re #274 MOTION to Clarify the Scheduling Order MOTION to Modify the Scheduling Order filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
May 24, 2013 Opinion or Order Filing 274 MOTION to Clarify the Scheduling Order, MOTION to Modify the Scheduling Order by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS (Sharp, Benjamin)
May 20, 2013 Opinion or Order Set/Reset Deadlines: Summary Judgment motions due by 6/14/2013. Opposition to Motion for Summary Judgment due by 7/12/2013. Reply to Motion for Summary Judgment due by 7/26/2013. (mpt)
May 16, 2013 Opinion or Order Filing 273 ORDER denying #191 plaintiffs' objections. For the reasons stated in the attached Order, it is hereby ORDERED that the Plaintiffs' Objections to the Magistrate's Memorandum Opinion and Second Amended Scheduling Order are DENIED. It is further ORDERED that the following briefing schedule shall apply: 1. All remaining motions for summary judgment shall be filed on or before June 14, 2013; 2. All oppositions to such motions for summary judgment shall be filed on or before July 12, 2013; and 3. All replies to all oppositions to motions for summary judgment shall be filed on or before July 26, 2013. Signed by Judge Reggie B. Walton on 5/16/2013. (lcrbw2)
May 2, 2013 Opinion or Order MINUTE ORDER denying #271 Motion ; denying #272 Motion to Expedite. Upon consideration of Cape Wind Associates LLC's Motion for a Status Conference Before Judge Walton and Motion to Expedite Consideration of Cape Wind Associates LLC's Motion for a Status Conference, it is hereby ORDERED that the motions are DENIED. The Court will rule on Plaintiffs' Objection by May 15, 2013, and will issue a Scheduling Order to establish a summary judgment briefing schedule at that time. Signed by Judge Reggie B. Walton on May 2, 2013. (lcrbw1, )
May 1, 2013 Opinion or Order Filing 272 MOTION to Expedite Motion for a Status Conference by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Text of Proposed Order)(Edens, Geraldine)
May 1, 2013 Opinion or Order Filing 271 MOTION for a Status Conference by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Edens, Geraldine)
April 10, 2013 Opinion or Order Filing 270 RESPONSE re #201 Unopposed MOTION to Expedite consideration of the Plaintiffs Objections to the Magistrates Memorandum Opinion and Second Amended Scheduling Order (ECF 191) and Plaintiffs Motion to Amend to Scheduling Order and Suspend the Briefing Schedule Pending -- Federal Defendants' Statement in Support of Cape Wind Associate's Unopposed Motion to Expedite filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Hajek, Luther)
April 8, 2013 Opinion or Order Filing 269 RESPONSE re #268 Notice (Other), filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Sharp, Benjamin)
April 1, 2013 Opinion or Order Filing 268 NOTICE of New Factual Developments by CAPE WIND ASSOCIATES, LLC re #201 Unopposed MOTION to Expedite consideration of the Plaintiffs Objections to the Magistrates Memorandum Opinion and Second Amended Scheduling Order (ECF 191) and Plaintiffs Motion to Amend to Scheduling Order and Suspend the Briefing Schedule Pending (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Edens, Geraldine)
March 19, 2013 Opinion or Order Filing 267 REPLY to opposition to motion re #233 MOTION Defer the Filing of a Single Joint Appendix filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
March 15, 2013 Opinion or Order Filing 266 Memorandum in opposition to re #233 MOTION Defer the Filing of a Single Joint Appendix filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Almy, Jessica)
March 5, 2013 Opinion or Order Filing 265 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix NMFS77-PART 3, #2 Appendix NMFS77-PART 4, #3 Appendix NMFS79, #4 Appendix CORPSVOL13-PART 1, #5 Appendix CORPSVOL13-PART 2)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 264 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix NMFS34, #2 Appendix NMFS36, #3 Appendix NMFS40, #4 Appendix NMFS63, #5 Appendix NMFS66, #6 Appendix NMFS67, #7 Appendix NMFS72, #8 Appendix NMFS74, #9 Appendix NMFS75, #10 Appendix NMFS77-PART 1, #11 Appendix NMFS77-PART 2)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 263 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix NMFS21, #2 Appendix NMFS22, #3 Appendix NMFS23, #4 Appendix NMFS24, #5 Appendix NMFS25, #6 Appendix NMFS26, #7 Appendix NMFS27, #8 Appendix NMFS28, #9 Appendix NMFS29, #10 Appendix NMFS30, #11 Appendix NMFS32)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 262 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix NMFS8-PART 5, #2 Appendix NMFS8-PART 6, #3 Appendix NMFS8-PART 7, #4 Appendix NMFS8-PART 8, #5 Appendix NMFS8-PART 9, #6 Appendix NMFS14, #7 Appendix NMFS15, #8 Appendix NMFS16, #9 Appendix NMFS18, #10 Appendix NMFS19, #11 Appendix NMFS20)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 261 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix CW388823-PART 1, #2 Appendix CW388823-PART 2, #3 Appendix CW388823-PART 3, #4 Appendix NMFS1, #5 Appendix NMFS3, #6 Appendix NMFS4, #7 Appendix NMFS7, #8 Appendix NMFS8-PART 1, #9 Appendix NMFS8-PART 2, #10 Appendix NMFS8-PART 3, #11 Appendix NMFS8-PART 4)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 260 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix CW349557, #2 Appendix CW352083, #3 Appendix CW355063, #4 Appendix CW356446, #5 Appendix CW359258, #6 Appendix CW359832, #7 Appendix CW360661, #8 Appendix CW368468, #9 Appendix CW369617, #10 Appendix CW369669, #11 Appendix CW382551)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 259 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix CW248843-PART 3, #2 Appendix CW248843-PART 4, #3 Appendix CW248843-PART 5, #4 Appendix CW248843-PART 6, #5 Appendix CW257555, #6 Appendix CW260499, #7 Appendix CW296998, #8 Appendix CW307596, #9 Appendix CW312461, #10 Appendix CW349005, #11 Appendix CW349548)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 258 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix CW227392, #2 Appendix CW228336, #3 Appendix CW237292-PART 1, #4 Appendix CW237292-PART 2, #5 Appendix CW237292-PART 3, #6 Appendix CW241691, #7 Appendix CW242418, #8 Appendix CW243581, #9 Appendix CW245899, #10 Appendix CW248843-PART 1, #11 Appendix CW248843-PART 2)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 257 ADMINISTRATIVE RECORD (APPENDICES FILED) by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Appendix FWS1316-SECTION 5 PART 1, #2 Appendix FWS1316-SECTION 5 PART 2, #3 Appendix FWS1316-SECTION 5 PART 3)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 256 ADMINISTRATIVE RECORD (APPENDICES FILED) DOCKET ENTRIES 251 through 255 by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (td, )
March 5, 2013 Opinion or Order Filing 255 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW214841-PART 6, #2 Appendix CW214841-PART 7, #3 Appendix CW214841-PART 8, #4 Appendix CW214841-PART 9, #5 Appendix CW214841-PART 10, #6 Appendix CW214841-PART 11, #7 Appendix CW214841-PART 12, #8 Appendix CW214841-PART 13, #9 Appendix CW214841-PART 14, #10 Appendix CW214841-PART 15, #11 Appendix CW214841-PART 16, #12 Appendix CW214841-PART 17)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 254 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW162585, #2 Appendix CW185798, #3 Appendix CW187396, #4 Appendix CW199598, #5 Appendix CW202436, #6 Appendix CW202455, #7 Appendix CW202087, #8 Appendix CW214841-PART 1, #9 Appendix CW214841-PART 2, #10 Appendix CW214841-PART 3, #11 Appendix CW214843-PART 4, #12 Appendix CW214841-PART 5)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 253 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW119669, #2 Appendix CW119694, #3 Appendix CW119696, #4 Appendix CW119743, #5 Appendix CW140817, #6 Appendix CW141599, #7 Appendix CW141604, #8 Appendix CW153599, #9 Appendix CW156121, #10 Appendix CW156892-PART 1, #11 Appendix CW156892-PART 2, #12 Appendix CW156892-PART 3)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 252 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW110124-PART 4, #2 Appendix CW111954-PART 1, #3 Appendix CW111954-PART 2, #4 Appendix CW111954-PART 3, #5 Appendix CW111954-PART 4, #6 Appendix CW112029-PART 1, #7 Appendix CW112029-PART 2, #8 Appendix CW112029-PART 3, #9 Appendix CW119269, #10 Appendix CW119337, #11 Appendix CW119391, #12 Appendix CW119511)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 251 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW77290-PART 1, #2 Appendix CW77290-PART 2, #3 Appendix CW77290-PART 3, #4 Appendix CW106129-PART 1, #5 Appendix CW106129-PART 2, #6 Appendix CW106129-PART 3, #7 Appendix CW106129-PART 4, #8 Appendix CW109229, #9 Appendix CW110124-PART 1, #10 Appendix CW110124-PART 2, #11 Appendix CW110124-PART 3)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 250 ADMINISTRATIVE RECORD (APPENDICES FILED) DOCKET ENTRIES 235 THROUGH 249 by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (td, )
March 5, 2013 Opinion or Order Filing 249 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW77055-PART 2, #2 Appendix CW77055-PART 3, #3 Appendix CW77055-PART 4, #4 Appendix CW77131-PART 1, #5 Appendix CW77131-PART 2, #6 Appendix CW77131-PART 3, #7 Appendix CW77131-PART 4, #8 Appendix CW77193-PART 1, #9 Appendix CW77193-PART 2, #10 Appendix CW77193-PART 3, #11 Appendix CW77256)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 248 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW76843-PART 3, #2 Appendix CW76892-PART 1, #3 Appendix CW76892-PART 2, #4 Appendix CW76892-PART 3, #5 Appendix CW76892-PART 4, #6 Appendix CW76892-PART 5, #7 Appendix CW76892-PART 6, #8 Appendix CW76941, #9 Appendix CW76980, #10 Appendix CW77023, #11 Appendix CW77055-PART 1)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 247 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW67322-PART 5, #2 Appendix CW67322-PART 6, #3 Appendix CW67571-PART 1, #4 Appendix CW67571-PART 2, #5 Appendix CW67571-PART 3, #6 Appendix CW76740, #7 Appendix CW76794-PART 1, #8 Appendix CW76794-PART 2, #9 Appendix CW76794-PART 3, #10 Appendix CW76843-PART 1, #11 Appendix CW76843-PART 2)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 246 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW65030-PART 5, #2 Appendix CW65030-PART 6, #3 Appendix CW65030-PART 7, #4 Appendix CW65030-PART 8, #5 Appendix CW65030-PART 9, #6 Appendix CW65030-PART 10, #7 Appendix CW66154, #8 Appendix CW67322-PART 1, #9 Appendix CW67322-PART 2, #10 Appendix CW67322-PART 3, #11 Appendix CW67322-PART 4)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 245 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW46101-PART 1, #2 Appendix CW46101-PART 2, #3 Appendix CW46101-PART 3, #4 Appendix CW46101-PART 4, #5 Appendix CW46566, #6 Appendix CW48137, #7 Appendix CW48472, #8 Appendix CW65030-PART 1, #9 Appendix CW65030-PART 2, #10 Appendix CW65030-PART 3, #11 Appendix CW65030-PART 4)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 244 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix CW1454, #2 Appendix CW23784-PART 1, #3 Appendix CW23784-PART 2, #4 Appendix CW23784-PART 3, #5 Appendix CW23784-PART 4, #6 Appendix CW23784-PART 5, #7 Appendix CW23784-PART 6, #8 Appendix CW23784-PART 7, #9 Appendix CW23784-PART 8, #10 Appendix CW23784-PART 9, #11 Appendix CW31885)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 243 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS1339, #2 Appendix FWS1353-02, #3 Appendix FWS1361, #4 Appendix FWS1369, #5 Appendix FWS1369-07, #6 Appendix FWS1371, #7 Appendix FWS1379, #8 Appendix FWS1415)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 242 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS314-1, #2 Appendix FWS667, #3 Appendix FWS668, #4 Appendix FWS702, #5 Appendix FWS759, #6 Appendix FWS900, #7 Appendix FWS900-05, #8 Appendix FWS935, #9 Appendix FWS1149, #10 Appendix FWS1315, #11 Appendix FWS1333)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 241 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS201, #2 Appendix FWS214, #3 Appendix FWS293, #4 Appendix FWS296, #5 Appendix FWS301 PART 1, #6 Appendix FWS301 PART 2, #7 Appendix FWS301 PART 3, #8 Appendix FWS301 PART 4, #9 Appendix FWS301 PART 5, #10 Appendix FWS301 PART 6, #11 Appendix FWS306)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 240 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS150, #2 Appendix FWS152, #3 Appendix FWS156, #4 Appendix FWS158, #5 Appendix FWS163, #6 Appendix FWS164, #7 Appendix FWS164-1, #8 Appendix FWS175, #9 Appendix FWS195, #10 Appendix FWS196, #11 Appendix FWS199)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 239 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS94, #2 Appendix FWS95 PART 1, #3 Appendix FWS95 PART 2, #4 Appendix FWS95 PART 3, #5 Appendix FWS95 PART 4, #6 Appendix FWS108, #7 Appendix FWS131, #8 Appendix FWS133, #9 Appendix FWS142, #10 Appendix FWS148, #11 Appendix FWS149)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 238 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS83, #2 Appendix FWS84, #3 Appendix FWS85-1, #4 Appendix FWS85-2, #5 Appendix FWS85-3, #6 Appendix FWS85-4, #7 Appendix FWS87-1, #8 Appendix FWS93, #9 Appendix FWS93-1, #10 Appendix FWS93-2, #11 Appendix FWS93-3)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 237 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS17-1, #2 Appendix FWS24, #3 Appendix FWS43, #4 Appendix FWS55, #5 Appendix FWS57, #6 Appendix FWS59, #7 Appendix FWS67, #8 Appendix FWS68, #9 Appendix FWS74, #10 Appendix FWS74-1, #11 Appendix FWS78)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 236 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS8, #2 Appendix FWS11, #3 Appendix FWS11-1, #4 Appendix FWS11-2, #5 Appendix FWS11-3, #6 Appendix FWS13, #7 Appendix FWS13-1, #8 Appendix FWS15, #9 Appendix FWS15-1, #10 Appendix FWS15-2, #11 Appendix FWS16)(Almy, Jessica)
March 5, 2013 Opinion or Order Filing 235 NOTICE OF FILING OF APPENDIX by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #52 Notice (Other), (Attachments: #1 Appendix FWS1-PART 1, #2 Appendix FWS1-PART 2, #3 Appendix FWS1-PART 3, #4 Appendix FWS2, #5 Appendix FWS2-1 PART 1, #6 Appendix FWS2-1 PART 2, #7 Appendix FWS2-1 PART 3, #8 Appendix FWS3, #9 Appendix FWS4, #10 Appendix FWS5, #11 Appendix FWS7)(Almy, Jessica)
March 5, 2013 Opinion or Order NOTICE OF ERROR re #240 Notice (Other); emailed to jalmy@meyerglitz.com, cc'd 40 associated attorneys -- The PDF file you docketed contained errors: 1. Use the event Administrative Record then type Appendices filed. See entry 250 . (td, )
March 1, 2013 Opinion or Order Filing 234 ADMINISTRATIVE RECORD by WAMPANOAG TRIBE OF GAY HEAD. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix, #8 Appendix, #9 Appendix, #10 Appendix, #11 Appendix, #12 Appendix, #13 Appendix, #14 Appendix, #15 Appendix, #16 Appendix, #17 Appendix, #18 Appendix, #19 Appendix, #20 Appendix, #21 Appendix, #22 Appendix, #23 Appendix, #24 Appendix, #25 Appendix, #26 Appendix, #27 Appendix, #28 Appendix, #29 Appendix, #30 Appendix, #31 Appendix, #32 Appendix, #33 Appendix, #34 Appendix, #35 Appendix, #36 Appendix)(Gremillion, Thomas)
February 28, 2013 Opinion or Order Filing 233 WITHDRAWN PURSUANT TO #331 FILED ON 09/03/2013.....MOTION Defer the Filing of a Single Joint Appendix by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Edens, Geraldine) Modified on 9/4/2013 (jf, ).
February 20, 2013 Opinion or Order Filing 232 REPLY to opposition to motion re #203 MOTION for Summary Judgment on Plaintiffs' Claims under the Endangered Species Act and Migratory Bird Treaty Act filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
February 20, 2013 Opinion or Order Filing 231 REPLY to opposition to motion re #205 MOTION for Summary Judgment and Opposition to PEER Plaintiffs' Motion for Summary Judgment filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Stevens, Clifford)
February 20, 2013 Opinion or Order Filing 230 NOTICE of Appearance by Clifford Eugene Stevens, Jr on behalf of All Defendants (Stevens, Clifford)
February 20, 2013 Opinion or Order Filing 229 NOTICE OF CLARIFICATION by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION re #221 Memorandum in Opposition,, (Almy, Jessica)
February 15, 2013 Opinion or Order Filing 228 REPLY to opposition to motion re #210 MOTION for Summary Judgment on Claims Brought by the Wampanoag Tribe of Gay Head (Aquinnah) filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
February 15, 2013 Opinion or Order Filing 227 NOTICE OF SUPPLEMENTAL AUTHORITY by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Almy, Jessica)
February 14, 2013 Opinion or Order Filing 226 REPLY to opposition to motion re #209 Cross MOTION for Summary Judgment on Claims Brought by the Wampanoag Tribe of Gay Head (Aquinnah) filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
February 12, 2013 Opinion or Order Set/Reset Deadlines: Reply due by 2/20/2013. (mpt, )
February 11, 2013 Opinion or Order MINUTE ORDER approving stipulation #225 . For good cause shown and in light of the parties' consent, it is hereby ORDERED that Federal Defendants and CWA shall file their respective reply briefs to the PEER et al. Plaintiffs' Opposition to the Federal Defendants' and Cape Wind Associates' Motions for Summary Judgment on or before February 20, 2012. Signed by Judge Reggie B. Walton on 2/11/2013. (lcrbw2)
February 5, 2013 Opinion or Order Filing 225 STIPULATION To Extend Briefing Schedule by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Text of Proposed Order)(Edens, Geraldine)
January 29, 2013 Opinion or Order Filing 224 NOTICE of Appearance by Thomas Edward Hogan on behalf of CAPE WIND ASSOCIATES, LLC (Hogan, Thomas)
January 25, 2013 Opinion or Order Filing 223 REPLY to opposition to motion re #210 MOTION for Summary Judgment on Claims Brought by the Wampanoag Tribe of Gay Head (Aquinnah) filed by WAMPANOAG TRIBE OF GAY HEAD. (Gremillion, Thomas)
January 23, 2013 Opinion or Order Filing 222 REPLY to opposition to motion re #171 , #203 MOTION for Summary Judgment on Plaintiffs' Claims under the Endangered Species Act and Migratory Bird Treaty Act filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Almy, Jessica) Modified to add linkage on 1/24/2013 (td, ).
January 23, 2013 Opinion or Order Filing 221 Memorandum in opposition to re #205 MOTION for Summary Judgment and Opposition to PEER Plaintiffs' Motion for Summary Judgment, #203 MOTION for Summary Judgment on Plaintiffs' Claims under the Endangered Species Act and Migratory Bird Treaty Act filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Almy, Jessica)
January 22, 2013 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #220 Memorandum was entered in error as a premature filing to #214 . (jf, )
January 21, 2013 Opinion or Order Filing 220 ENTERED IN ERROR.....MEMORANDUM re #214 MOTION for Leave to File filed by AMERICAN BIRD CONSERVANCY, CONSERVATION LAW CENTER by AMERICAN BIRD CONSERVANCY. (Ferster, Andrea) Modified on 1/22/2013 (jf, ).
January 11, 2013 Opinion or Order Filing 219 REPLY to opposition to motion re #214 MOTION for Leave to File Amicus Curiae Brief filed by AMERICAN BIRD CONSERVANCY. (Ferster, Andrea)
January 4, 2013 Opinion or Order Filing 218 Memorandum in opposition to re #214 MOTION for Leave to File filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
January 3, 2013 Opinion or Order Filing 217 Amicus Curiae APPEARANCE entered by Andrea C. Ferster on behalf of AMERICAN BIRD CONSERVANCY. (Ferster, Andrea)
December 27, 2012 Opinion or Order Filing 216 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN BIRD CONSERVANCY (Ferster, Andrea)
December 27, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 12/27/2012 granting #188 Federal Defendants' Motion for Leave to File Under Seal Portions of the Bureau of Ocean Energy Management's Third Administrative Record Supplement. (lcdar1)
December 21, 2012 Opinion or Order Filing 215 Amicus Curiae APPEARANCE entered by Andrea C. Ferster on behalf of . CONSERVATION LAW CENTER (Ferster, Andrea) Modified to show party listed on appearance application on 1/4/2013 (td, ).
December 21, 2012 Opinion or Order Filing 214 MOTION for Leave to File Amicus Curiae Brief by CONSERVATION LAW CENTER, AMERICAN BIRD CONSERVANCY (Attachments: #1 Text of Proposed Order)(znmw, )
December 20, 2012 Opinion or Order Filing 213 ORDER granting #192 Motion to Amend/Correct. Per the attached Order, it is hereby ORDERED that the plaintiffs' motion is GRANTED, and the current summary judgment briefing schedule is SUSPENDED. It is further ORDERED that, within one week of the Court's resolution of the Plaintiffs' Objections to the Magistrate's Memorandum Opinion (ECF # 191), the parties shall submit a joint proposed scheduling order for the conclusion of summary judgment briefing. Signed by Judge Reggie B. Walton on 12/20/2012. (lcrbw2)
December 14, 2012 Opinion or Order Filing 212 Memorandum in opposition to re #171 MOTION for Summary Judgment on Claims under the Endangered Species Act and Migratory Bird Treaty Act, #177 MOTION for Summary Judgment on Claims by Wampanoag Tribe of Gay Head (Aquinnah) filed by CONSERVATION LAW FOUNDATION, MASS AUDUBON, NATURAL RESOURCES DEFENSE COUNCIL. (Longstreth, Benjamin)
December 12, 2012 Opinion or Order Filing 211 Memorandum in opposition to re #177 MOTION for Summary Judgment filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
December 12, 2012 Opinion or Order Filing 210 MOTION for Summary Judgment on Claims Brought by the Wampanoag Tribe of Gay Head (Aquinnah) by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Edens, Geraldine)
December 12, 2012 Opinion or Order Filing 209 Cross MOTION for Summary Judgment on Claims Brought by the Wampanoag Tribe of Gay Head (Aquinnah) by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Memorandum in Support, #2 Admin. Record Documents CW0000142353-55)(Swanson, Kristofor)
December 12, 2012 Opinion or Order Filing 208 Memorandum in opposition to re #177 MOTION for Summary Judgment filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Admin Record Documents CW0000142353-55)(Swanson, Kristofor)
December 10, 2012 Opinion or Order Filing 207 ERRATA by CAPE WIND ASSOCIATES, LLC #203 MOTION for Summary Judgment on Plaintiffs' Claims under the Endangered Species Act and Migratory Bird Treaty Act filed by CAPE WIND ASSOCIATES, LLC, #204 Memorandum in Opposition filed by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Errata Revised Table of Contents, #2 Errata Revised Page 3)(Edens, Geraldine)
December 10, 2012 Opinion or Order Filing 206 REPLY re #191 Appeal of Magistrate Judge Decision to District Court,, Reply to #197 Federal Defendants' Opposition to #191 Plaintiff's Objections to Magistrate Judge's November 9, 2012 Order filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7)(Sharp, Benjamin)
December 10, 2012 Opinion or Order NOTICE OF ERROR re #205 Motion for Summary Judgment; emailed to erik.petersen@usdoj.gov, cc'd 33 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. The opposition must also be filed on ECF. This document contains a two part entry. (td, )
December 7, 2012 Opinion or Order Filing 205 MOTION for Summary Judgment and Opposition to PEER Plaintiffs' Motion for Summary Judgment by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Petersen, Erik)
December 7, 2012 Opinion or Order Filing 204 Memorandum in opposition to re #171 MOTION for Summary Judgment on Claims under the Endangered Species Act and Migratory Bird Treaty Act filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
December 7, 2012 Opinion or Order Filing 203 MOTION for Summary Judgment on Plaintiffs' Claims under the Endangered Species Act and Migratory Bird Treaty Act by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Edens, Geraldine)
December 6, 2012 Opinion or Order Filing 202 AMENDED PROTECTIVE ORDER: Signed by Magistrate Judge Deborah A. Robinson on 12/6/12; Nunc Pro Tunc to 11/16/12. (lm, )
December 3, 2012 Opinion or Order Filing 201 Unopposed MOTION to Expedite consideration of the Plaintiffs Objections to the Magistrates Memorandum Opinion and Second Amended Scheduling Order (ECF 191) and Plaintiffs Motion to Amend to Scheduling Order and Suspend the Briefing Schedule Pending Resolution of Plaintiffs Objections to the Magistrates Memorandum Opinion on Administrative Record Issues (ECF 192) by CAPE WIND ASSOCIATES, LLC (Edens, Geraldine)
December 3, 2012 Opinion or Order Filing 200 Memorandum in opposition to re #192 MOTION to Amend/Correct #182 Order on Motion to Compel, Set/Reset Deadlines,, the Scheduling Order and Suspend the Briefing Schedule and Response re #191 Appeal of Magistrate Judge Decision to District Court filed by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Affidavit Declaration of James Gordon)(Edens, Geraldine)
December 3, 2012 Opinion or Order Filing 199 ERRATA Regarding Proposed Order by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR #198 Response to motion,, filed by ROWAN GOULD, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES ARMY CORPS OF ENGINEERS, TOMMY P. BEAUDREAU, ROBERT J. PAPP, JR., BUREAU OF OCEAN ENERGY MANAGEMENT, U.S. COAST GUARD, GARY LOCKE, MERDITH W.B. TEMPLE, ERIC C. SCHWAAB, KENNETH LEE SALAZAR. (Attachments: #1 Corrected Document)(Swanson, Kristofor)
December 3, 2012 Opinion or Order Filing 198 RESPONSE re #192 MOTION to Amend/Correct #182 Order on Motion to Compel, Set/Reset Deadlines,, the Scheduling Order and Suspend the Briefing Schedule filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Text of Proposed Order)(Swanson, Kristofor)
December 3, 2012 Opinion or Order Filing 197 RESPONSE re #191 Appeal of Magistrate Judge Decision to District Court,, filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
December 3, 2012 Opinion or Order Filing 196 Unopposed MOTION for Extension of Time to File Brief by CONSERVATION LAW FOUNDATION, MASS AUDUBON, NATURAL RESOURCES DEFENSE COUNCIL (Attachments: #1 Text of Proposed Order)(Muys, Jerome)
November 29, 2012 Opinion or Order Filing 195 NOTICE of Proposed Order by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR re #194 Stipulation, (Petersen, Erik)
November 29, 2012 Opinion or Order Filing 194 STIPULATION re Briefing Schedule on PEER's Motion for Summary Judgment by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Petersen, Erik)
November 28, 2012 Opinion or Order Filing 193 ERRATA #191 Appeal of Magistrate Judge Decision to District Court,, Exhibit 4 by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Exhibit Ex. 4)(Sharp, Benjamin) Modified event to read "Errata" and not "Motion" on 11/29/2012 (td, ).
November 27, 2012 Opinion or Order Filing 192 MOTION to Amend/Correct #182 Order on Motion to Compel, Set/Reset Deadlines,, the Scheduling Order and Suspend the Briefing Schedule by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin) Modified to correct filers on 11/28/2012 (td, ).
November 27, 2012 Opinion or Order hment. (td, )
November 26, 2012 Opinion or Order Filing 191 Appeal of Magistrate Judge Decision to District Court by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, PATRICIA J. DINEEN, , LOU GONZAGA, JEFF GOOD, NEIL GOOD, DAVID MORIARTY, CAMERON DAWSON, BARBARA JEAN PENNICK, CROCKER SNOW, JR., JAMES R. POWELL, CHRISTOPHER BIRDSEY, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, WILLIAM H. RYPKA re #182 Order on Motion to Compel, Set/Reset Deadlines,, (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Sharp, Benjamin) Modified Tto correct filers on 11/28/2012 (td, ).
November 26, 2012 Opinion or Order Filing 190 AFFIDAVIT re #182 Order on Motion to Compel, Set/Reset Deadlines,, in Response to Court's Order for Supplemental Declaration by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
November 26, 2012 Opinion or Order Filing 189 NOTICE of Filing Sealed Document by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Swanson, Kristofor)
November 26, 2012 Opinion or Order Filing 188 MOTION for Leave to File Under Seal Portions of Bureau of Ocean Energy Management's Third Record Supplement by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Swanson, Kristofor)
November 26, 2012 Opinion or Order Filing 187 ADMINISTRATIVE RECORD Notice of Lodging Bureau of Ocean Energy Management Third Record Supplement by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Bornholdt Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration)(Swanson, Kristofor)
November 21, 2012 Opinion or Order Filing 186 AMICUS BRIEF by NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES. (jf, )
November 16, 2012 Opinion or Order Filing 185 STIPULATION re Order on Motion for Briefing Schedule, Set/Reset Deadlines,,,,,,,,,,,,,,,,,, to Extend Summary Judgment Briefing Schedule for Tribe's Claims by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
November 16, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 11/16/12 granting #183 Unopposed Motion to Amend Protective Order. (lcdar1)
November 16, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 11/16/12 granting #180 National Trust for Historic Preservation's unopposed Motion for Leave to Participate as Amicus Curiae. (lcdar1)
November 16, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 11/16/12 approving #185 Stipulation to Modify Summary Judgment Briefing Schedule for the Claims Brought By the Wampanoag Tribe of Gay Head (Aquinnah). (lcdar1)
November 15, 2012 Opinion or Order Filing 184 RESPONSE re #180 MOTION for Leave to File filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
November 15, 2012 Opinion or Order Filing 183 Unopposed MOTION to Amend/Correct #59 Protective Order by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Proposed Amended Protective Order)(Swanson, Kristofor)
November 9, 2012 Opinion or Order Filing 182 MEMORANDUM OPINION AND SECOND AMENDED SCHEDULING ORDER granting in part and denying in part #133 Plaintiffs' Motion to Compel Production of Non-Privileged Documents and a Revised Privilege Log, and to Partially Reset the Schedule for Briefing After BOEM and the USCG Produce Complete Administrative Records. Signed by Magistrate Judge Deborah A. Robinson on 11/9/12. (lcdar1)
November 6, 2012 Opinion or Order Filing 181 NOTICE of Production by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Exhibit A)(Edens, Geraldine)
November 5, 2012 Opinion or Order Filing 180 MOTION for Leave to File Amicus Curiae by NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES (Attachments: #1 Exhibit A-F, #2 Certificate of Service, #3 Text of Proposed Order)(rdj)
October 31, 2012 Opinion or Order Filing 179 NOTICE of Change of Address by Geraldine E. Edens (Edens, Geraldine)
October 29, 2012 Opinion or Order Filing 178 NOTICE of Proposed Order re #177 MOTION for Summary Judgment by WAMPANOAG TRIBE OF GAY HEAD (Gremillion, Thomas) Modified event title on 10/30/2012 (znmw, ).
October 29, 2012 Opinion or Order Filing 177 MOTION for Summary Judgment by WAMPANOAG TRIBE OF GAY HEAD (Gremillion, Thomas)
October 25, 2012 Opinion or Order Filing 176 NOTICE of Withdrawal of Appearance of Elisabeth L. Shu as Counsel for Cape Wind Associates, LLC by CAPE WIND ASSOCIATES, LLC (Jarcho, Daniel)
October 25, 2012 Opinion or Order Filing 175 NOTICE of Withdrawal of Appearance of Frederick Randolph Anderson as Counsel for Cape Wind Associates, LLC by CAPE WIND ASSOCIATES, LLC (Jarcho, Daniel)
October 25, 2012 Opinion or Order Filing 174 NOTICE of Withdrawal of Appearance of Daniel G. Jarcho as Counsel for Cape Wind Associates, LLC by CAPE WIND ASSOCIATES, LLC (Jarcho, Daniel)
October 10, 2012 Opinion or Order Filing 172 ERRATA Attaching Exhibit F by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION #171 MOTION for Summary Judgment on Claims under the Endangered Species Act and Migratory Bird Treaty Act filed by CINDY LOWRY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, LOWER LAGUNA MADRE FOUNDATION, RICHARD LARGAY, BARBARA DURKIN. (Attachments: #1 Exhibit F)(Almy, Jessica)
October 10, 2012 Opinion or Order Filing 171 MOTION for Summary Judgment on Claims under the Endangered Species Act and Migratory Bird Treaty Act by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Almy, Jessica)
October 4, 2012 Opinion or Order Filing 173 ORDER: Signed by Magistrate Judge Deborah A. Robinson on 10/4/12. Approving Stipulation to Extend the Summary Judgment Briefing Schedule Regarding The Endangered Species Act and Migratory Bird Tready Act claims in Civil No 10 CV-1067. (lm)
October 4, 2012 Opinion or Order Filing 170 STIPULATION to Extend Summary Judgment Briefing Schedule re PEER's ESA and MBTA Claims by BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Text of Proposed Order)(Petersen, Erik)
October 1, 2012 Opinion or Order MINUTE ORDER: The PEER Plaintiffs' Expedited Motion for Entry of a Summary Judgment Schedule Regarding Their Endangered Species Act and Migratory Bird Treaty Act Claims #154 is hereby GRANTED, for the reasons stated on the record at the September 28, 2012 status conference. The oral motion of Plaintiff Wampanoag Tribe of Gay Head, which orally withdrew from Plaintiffs' Motion to Compel #133 , and joined the PEER Plaintiffs' Motion for Entry of a Summary Judgment Schedule #154 , is also GRANTED. The PEER Plaintiffs, Plaintiff Wampanoag Tribe of Gay Head, Defendants, and Intervenor Defendants shall proceed in accordance with the following schedule: the PEER Plaintiffs shall file their dispositive motion with respect to their Endangered Species Act and Migratory Bird Treaty Act claims by no later than October 10, 2012; Plaintiff Wampanoag Tribe of Gay Head shall file its dispositive motion by no later than October 29, 2012; Defendants and Intervenor Defendants shall file their oppositions to the PEER Plaintiffs' dispositive motion, as well as their dispositive motions as to the PEER Plaintiffs' claims, by no later than November 9, 2012; Defendants and Intervenor Defendants shall file their oppositions to Plaintiff Wampanoag Tribe of Gay Head's dispositive motion, as well as their dispositive motions as to Plaintiff Wampanoag Tribe of Gay Head's claims, by no later than November 28, 2012; the PEER Plaintiffs shall file their reply in support of their dispositive motion and their opposition to Defendants and Intervenor Defendants' dispositive motions by no later than December 10, 2012; Plaintiff Wampanoag Tribe of Gay Head shall file its reply in support of its dispositive motion and its opposition to Defendants and Intervenor Defendants' dispositive motions by no later than December 28, 2012; Defendants and Intervenor Defendants shall file their replies in support of their dispositive motions as to the PEER Plaintiffs' claims by no later than December 31, 2012; Defendants and Intervenor Defendants shall file their replies in support of their dispositive motions as to Plaintiff Wampanoag Tribe of Gay Head's claims by no later than January 18, 2013. Signed by Magistrate Judge Deborah A. Robinson on 10/1/2012. (lcdar1)
September 28, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Status Conference held on 9/28/2012. (Court Reporter Bowles Reporting.) (lm, )
September 21, 2012 Opinion or Order Filing 169 NOTICE of Appearance by Thomas M. Gremillion on behalf of WAMPANOAG TRIBE OF GAY HEAD (Gremillion, Thomas) (Main Document 169 replaced on 9/24/2012) (ztd, ).
September 11, 2012 Opinion or Order NOTICE OF ERROR re #168 Notice (Other); emailed to kristofor.swanson@usdoj.gov, cc'd 39 associated attorneys -- The PDF file you docketed contained errors: 1. Do not file Discovery (LcvR 5.2) (jf, )
September 10, 2012 Opinion or Order Filing 168 NOTICE of Production of Record Documents by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR re #161 Status Report,,, #159 Status Report, #166 Response to Document, (Attachments: #1 Attachment)(Swanson, Kristofor)
September 5, 2012 Opinion or Order Set/Reset Hearings: Status Conference set for 9/26/2012 at 03:30 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. (lcdar1)
September 5, 2012 Opinion or Order Set/Reset Hearings: Status Conference set for 9/28/2012 at 3:00 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. (lcdar1)
August 24, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 08/24/2012: It is ORDERED that Plaintiffs' Motion for Extension of Time to File Status Report (Document No. #156 ) is GRANTED nunc pro tunc to August 2, 2012. (lcdar3)
August 23, 2012 Opinion or Order Filing 167 TRANSCRIPT OF PROCEEDINGS before Magistrate Judge Deborah A. Robinson. Status Hearing held on 7/3/2012; Page Numbers: 1-83. Date of Issuance:8/23/2012. Court Reporter/Transcriber Bowles Reporting Service, Telephone number (860) 464-1083, For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 9/13/2012. Redacted Transcript Deadline set for 9/23/2012. Release of Transcript Restriction set for 11/21/2012.(znmw, )
August 22, 2012 Opinion or Order Filing 166 RESPONSE re #161 Status Report,,, filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P)(Swanson, Kristofor)
August 17, 2012 Opinion or Order Filing 165 NOTICE OF WITHDRAWAL OF APPEARANCE as to WAMPANOAG TRIBE OF GAY HEAD. Attorney Kelly Deanne Davis terminated. (Davis, Kelly)
August 17, 2012 Opinion or Order Filing 164 RESPONSE re #163 Supplemental Memorandum filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Almy, Jessica)
August 15, 2012 Opinion or Order Filing 163 SUPPLEMENTAL MEMORANDUM to re #157 Memorandum in Opposition filed by CAPE WIND ASSOCIATES, LLC. (Attachments: #1 Exhibit A - FAA No Hazard Determinations)(Edens, Geraldine)
August 15, 2012 Opinion or Order Filing 162 NOTICE of Federal Aviation Administration Determinations by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 No Hazard Determination)(Swanson, Kristofor)
August 15, 2012 Opinion or Order Filing 161 STATUS REPORT by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Sharp, Benjamin)
August 6, 2012 Opinion or Order Filing 160 REPLY to opposition to motion re #154 MOTION for Briefing Schedule filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Almy, Jessica)
August 3, 2012 Opinion or Order Filing 159 STATUS REPORT Regarding Two of Plaintiffs' Three Remaining Issues from Plaintiffs' Motion to Compel by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Swanson, Kristofor)
August 3, 2012 Opinion or Order Filing 158 RESPONSE re #156 MOTION for Extension of Time to File Status Report filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
August 2, 2012 Opinion or Order Filing 157 Memorandum in opposition to re #154 MOTION for Briefing Schedule filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
August 2, 2012 Opinion or Order Filing 156 MOTION for Extension of Time to File Status Report by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA (Attachments: #1 Text of Proposed Order)(MacLean, Jennifer)
August 2, 2012 Opinion or Order Filing 155 Memorandum in opposition to re #154 MOTION for Briefing Schedule filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Petersen, Erik)
July 20, 2012 Opinion or Order Set/Reset Deadlines/Hearings: Motion to Amend Protective Order shall be filed by 8/3/2012. (lcdar3)
July 20, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 07/20/2012: It is ORDERED that the Unopposed Motion for Extension of Time to File Motion to Amend Protective Order (Document No. #153 ) is GRANTED. It is FURTHER ORDERED that by no later than August 3, 2012, the parties shall file their motion to amend the current Stipulated Protective Order. (lcdar3)
July 19, 2012 Opinion or Order Filing 154 MOTION for Briefing Schedule by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Almy, Jessica)
July 18, 2012 Opinion or Order Filing 153 Unopposed MOTION for Extension of Time to File Motion to Amend Protective Order by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. COAST GUARD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Swanson, Kristofor)
July 10, 2012 Opinion or Order Filing 152 ORDER regarding Plaintiffs' Motion to Compel (Document No. #133 , Part 1). Signed by Magistrate Judge Deborah A. Robinson on 07/10/2012. (lcdar3)
July 3, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson on 7/3/12. Hearing on Plaintiffs' Motion to Compel (Document No. 133; Plaintiffs' Supplemental Memorandum to Motion to Compel Production of Non-Privileged Documents (Document No. 148); Federal Defendants' Response to Plaintiffs'Supplemental Memorandum to Motion to Compel (Document No. 151), conducted. (Court Reporter Bowles Reporting.) (lm)
July 2, 2012 Opinion or Order MINUTE ORDER. Pursuant to the Stipulation of Voluntary Dismissal of All Claims in Martha's Vineyard / Dukes County Fishermen's Association v. Salazar #149 , it is ORDERED that all claims asserted in this action by plaintiffs Jonathan E. Mayhew and the Martha's Vineyard / Dukes County Fishermen's Association are DISMISSED with prejudice. It is further ORDERED that the Clerk of Court shall terminate as parties in this case plaintiffs Jonathan E. Mayhew and the Martha's Vineyard / Dukes County Fishermen's Association. Signed by Judge Reggie B. Walton on 7-2-12. (lcrbw3, )
June 29, 2012 Opinion or Order Filing 151 SUPPLEMENTAL MEMORANDUM to re #133 MOTION to Compel Production of Non-Privileged Documents and a Revised Privilege Log MOTION for Scheduling Order Amendment (Partial) for Briefing After BOEM and the USCG Produce Complete Administrative Records filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M, #4 Swanson Declaration & Attachments)(Swanson, Kristofor)
June 26, 2012 Opinion or Order Filing 149 STIPULATION of Dismissal by BUREAU OF OCEAN ENERGY MANAGEMENT, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Gehan, Shaun)
June 25, 2012 Opinion or Order Filing 148 SUPPLEMENTAL MEMORANDUM to re #133 MOTION to Compel Production of Non-Privileged Documents and a Revised Privilege Log MOTION for Scheduling Order Amendment (Partial) for Briefing After BOEM and the USCG Produce Complete Administrative Records filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD. (Attachments: #1 Exhibit Exhibit 1 to Supplemental Memorandum, #2 Exhibit Exhibit 2 to Supplemental Memorandum, #3 Exhibit Exhibit 3 to Supplemental Memorandum)(Sharp, Benjamin)
June 14, 2012 Opinion or Order Filing 150 (SEALED)....ADMINISTRATIVE RECORD by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR; (Disk filed in Vault); (Filed Nunc Pro Tunc to June 13, 2012, pursuant to Minute Order entered 6/14/12) (td, )
June 14, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 6/14/12 granting #146 Motion for Leave to File under seal portions of the Bureau of Ocean Energy Management's Second Administrative Record Supplement. Nunc Pro Tunc to 6/13/12). (EW)
June 13, 2012 Opinion or Order Filing 147 NOTICE of Filing of Sealed Documents by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Swanson, Kristofor)
June 13, 2012 Opinion or Order Filing 146 MOTION for Leave to File Under Seal Portions of Bureau of Ocean Energy Management's Second Record Supplement by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Swanson, Kristofor)
June 13, 2012 Opinion or Order Filing 145 ADMINISTRATIVE RECORD Notice of Lodging Bureau of Ocean Energy Management's Second Record Supplement by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Bornholdt Declaration, #2 Ex A to Bornholdt Declaration, #3 Ex B to Bornholdt Declaration, #4 Ex C to Bornholdt Declaration, #5 Ex D to Bornholdt Declaration, #6 Ex E to Borholdt Declaration)(Swanson, Kristofor)
June 12, 2012 Opinion or Order Filing 144 ORDER Regarding the Resolution of Plaintiffs' Motion to Compel (Document No. #133 ). Signed by Magistrate Judge Deborah A. Robinson on 06/12/2012. (lcdar3)
June 12, 2012 Opinion or Order Set/Reset Deadlines/Hearings: Hearing on Plaintiffs' Motion to Compel (Document No. 133) scheduled for 7/3/2012 at 10:00 AM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. (lcdar3)
June 7, 2012 Opinion or Order Filing 143 ADMINISTRATIVE RECORD Notice of Filing Coast Guard's Second E-mail Supplement by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH LEE SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Index, USCG Second E-mail Supplement, #2 Certification, #3 Exhibit A to Certification, #4 Exhibit B to Certification)(Swanson, Kristofor)
June 5, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Status Conference held on 6/5/2012. (Court Reporter Bowles Reporting.) (lm )
June 5, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 06/05/2012: It is ORDERED that Unopposed Motion to Permit Defendants' Counsel Luther L. Hajek to Appear by Telephone at the June 5, 2012 Status Conference (Document No. #141 ) is GRANTED. (lcdar3)
June 1, 2012 Opinion or Order Filing 142 STATUS REPORT Regarding the June 5, 2012, Status Conference by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Hajek, Luther)
June 1, 2012 Opinion or Order Filing 141 Unopposed MOTION for Leave to Appear Telephonically at the June 5, 2012 Status Conference by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP (Attachments: #1 Text of Proposed Order)(Hajek, Luther)
May 21, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 05/21/2012: It is ORDERED that counsel shall appear for a status hearing scheduled for 2:00 p.m. on Tuesday, June 5, 2012. It is FURTHER ORDERED that counsel shall meet and confer and by no later than June 1, 2012, shall file a status report with respect to scheduling and related issues to be addressed at the hearing. (lcdar3)
May 21, 2012 Opinion or Order Set/Reset Deadlines: Status Report shall be filed by no later than 6/1/2012. (lcdar3)
May 10, 2012 Opinion or Order Filing 140 ORDER denying Defendants' Objections to Amended Scheduling Order #131 . For the reasons stated in the attached Order, it is ORDERED that the Defendants' Objections to Magistrate Judge's Order Bifurcating and Staying Summary Judgment Briefing of Certain Claims are DENIED. It is further ORDERED that upon resolving the plaintiffs' pending Motion to Compel Production of Non-Privileged Documents and a Revised Privileged Log, and to Partially Reset the Schedule for Briefing After BOEM and the USCG Produce Complete Administrative Records #133 , the Magistrate Judge shall enter a Second Amended Scheduling Order setting new deadlines for the filing of cross-motions for summary judgment consistent with the two-phase approach employed in the Amended Scheduling Order. It is further ORDERED that the plaintiffs shall, consistent with their representations to the Court, "make every effort to minimize if not eliminate overlap in briefing" by coordinating the briefing of their dispositive motions in this case. Signed by Judge Reggie B. Walton on 5-10-12 (lcrbw3).
April 24, 2012 Opinion or Order MINUTE ORDER granting #132 Motion to Expedite; staying #130 Amended Scheduling Order. In view of the recent reassignment of this case to the undersigned member of the Court, and to ensure that the Court has a sufficient opportunity to evaluate the merits of the Defendants' Objections to Magistrate Judge's Order Bifurcating and Staying Summary Judgment Briefing of Certain Claims #131 , it is hereby ORDERED that the briefing deadlines set forth in the Amended Scheduling Order #130 are STAYED pending further order of the Court. Signed by Judge Reggie B. Walton on 4-24-12 (lcrbw3).
April 23, 2012 Opinion or Order Filing 139 REPLY to opposition to motion re #133 MOTION to Compel Production of Non-Privileged Documents and a Revised Privilege Log MOTION for Scheduling Order Amendment (Partial) for Briefing After BOEM and the USCG Produce Complete Administrative Records filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD. (Attachments: #1 Exhibit 1)(MacLean, Jennifer)
April 20, 2012 Opinion or Order Case randomly reassigned to Judge Reggie B. Walton. Judge Ricardo M. Urbina no longer assigned to the case. (gt, )
April 17, 2012 Opinion or Order Filing 138 REPLY re #134 Response to Order of the Court,,, filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor)
April 16, 2012 Opinion or Order Filing 137 Memorandum in opposition to re #133 MOTION to Compel Production of Non-Privileged Documents and a Revised Privilege Log MOTION for Scheduling Order Amendment (Partial) for Briefing After BOEM and the USCG Produce Complete Administrative Records filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhbit I, #10 Exhibit J)(Swanson, Kristofor)
April 16, 2012 Opinion or Order Filing 136 RESPONSE Opposition re #133 MOTION to Compel Production of Non-Privileged Documents and a Revised Privilege Log MOTION for Scheduling Order Amendment (Partial) for Briefing After BOEM and the USCG Produce Complete Administrative Records filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
April 10, 2012 Opinion or Order Filing 135 RESPONSE to #131 Objections re #130 Order on Motion for Extension of Time to Response to Defendants' Objections to Magistrate Judge's Order Bifurcating and Staying Summary Judgment Briefing of Certain Claims filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine) Modified event title and added link on 4/11/2012 (znmw, ).
April 10, 2012 Opinion or Order Filing 134 RESPONSE to #131 Objections re #130 Order on Motion for Extension of Time to /Opposition to Defendants' Objections to Magistrate Judge's Amended Scheduling Order filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD. (MacLean, Jennifer) Modified event title and added link on 4/11/2012 (znmw, ).
March 30, 2012 Opinion or Order Filing 133 MOTION to Compel Production of Non-Privileged Documents and a Revised Privilege Log, MOTION for Scheduling Order Amendment (Partial) for Briefing After BOEM and the USCG Produce Complete Administrative Records by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, TOWN OF BARNSTABLE, MASSACHUSETTS, WAMPANOAG TRIBE OF GAY HEAD (Attachments: #1 Exhibit Ex 1 - Mar. 16, 2012 Letter, #2 Exhibit Ex 2 - Documents Missing Attachments, #3 Exhibit Ex. 3 - Documents Withheld Under CBI PII and PO, #4 Exhibit Ex. 4 - Mar. 9, 2012 Letter, #5 Exhibit Ex. 5 - Documents Withheld But Released to Cape Wind, #6 Exhibit Ex. 6 - Mar. 23, 2012 Email, #7 Exhibit Ex. 7 - Documents BOEM Withheld Previously Produced Under FOIA, #8 Exhibit Ex. 8 - Documents With Designations Consistent with FOIA Productions, #9 Exhibit Ex. 9 - Mar. 29, 2012 Email, #10 Exhibit Ex. 10 - Mar. 16, 2012 Email, #11 Exhibit Ex. 11 - Documents USCG Withheld Under A/C Privilege With No Atty On Communication, #12 Exhibit Ex. 12 - Documents BOEM Withheld Under A/C Privilege With No Author or Recipient or Both, #13 Exhibit Ex. 13 - Feb. 24, 2012 Letter, #14 Exhibit Ex. 14 - Mar. 14, 2012 Email, #15 Exhibit Ex. 15 - Mar. 22, 2012 Email, #16 Exhibit Ex. 16 - Mar. 29, 2012 Email, #17 Exhibit Ex. 17 - USCGCAPEWIND00014972, #18 Exhibit Ex. 18 - Mar. 19, 2012 Letter, #19 Exhibit Ex. 19 - Mar. 22, 2012 Email, #20 Exhibit Ex. 20 - Feb. 8, 2012 Email, #21 Exhibit Ex. 21 - USCGCAPEWIND00016385, #22 Exhibit Ex. 22 - USCGCAPEWIND00020475-77, #23 Exhibit Ex. 23 - Mar. 13, 2012 Letter, #24 Exhibit Ex. 24 - Bad Scans, #25 Exhibit Ex. 25 - Documents Withheld Without Any Privilege Designated, #26 Exhibit Ex. 26 - March 5, 2012 Letter, #27 Exhibit Ex. 27 - Feb. 27, 2012 Letter, #28 Exhibit Ex. 28 - Mar. 29, 2012 Email, #29 Text of Proposed Order)(MacLean, Jennifer)
March 28, 2012 Opinion or Order Filing 132 MOTION to Expedite Consideration of Defendants' Objections (ECF No. 131) by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Swanson, Kristofor)
March 28, 2012 Opinion or Order Filing 131 RESPONSE re #130 Order on Motion for Extension of Time to / Objection to Magistrate Judge's Scheduling Order filed by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit 1)(Swanson, Kristofor)
March 19, 2012 Opinion or Order Filing 130 AMENDED SCHEDULING ORDER granting Plaintiffs' Motion for an Extension of Time (Document No. #125 ). Signed by Magistrate Judge Deborah A. Robinson on 03/19/2012. (lcdar3)
March 19, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 3/19/12 granting #129 Unopposed Motion to Seal Disks 1 and 5 to Part I of the Bureau of Ocean Energy Management's Administrative Record. (EW)
March 7, 2012 Opinion or Order Filing 129 Unopposed MOTION to Seal Disks 1 and 5 to Part I of the Bureau of Ocean Energy Management's Administrative Record by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Krueger Declaration, #2 Text of Proposed Order)(Swanson, Kristofor)
March 6, 2012 Opinion or Order Filing 128 REPLY to opposition to motion re #125 MOTION for Extension of Time to File Opening Briefs filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR. (Attachments: #1 Exhibit Ex A - 2-27 Ltr to DOJ re Priv Log, #2 Exhibit Ex B - 3-5 Ltr to Counsel re BOEM and USCG ARs, #3 Certificate of Service)(MacLean, Jennifer)
March 2, 2012 Opinion or Order Filing 127 RESPONSE re #125 MOTION for Extension of Time to File Opening Briefs filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
March 2, 2012 Opinion or Order Filing 126 RESPONSE re #125 MOTION for Extension of Time to File Opening Briefs filed by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Attachments: #1 Exhibit 1)(Hajek, Luther)
February 27, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 02/27/2012: It is hereby ORDERED, sua sponte, that Defendants shall file their oppositions, or other responses, to Plaintiffs' Motion for an Extension of Time (Document No. 125) by no later than March 2, 2012. (lcdar3)
February 27, 2012 Opinion or Order Set/Reset Deadlines: Defendants' oppositions or other responses due by 3/2/2012. (lcdar3)
February 24, 2012 Opinion or Order Filing 125 MOTION for Extension of Time to File Opening Briefs by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Almy, Jessica)
February 10, 2012 Opinion or Order Filing 124 STATUS REPORT Supplement Regarding The February 7, 2012 Status Conference by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Attachments: #1 Exhibit 1)(Hajek, Luther)
February 7, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Status Conference held on 2/7/2012. (Court Reporter: Bowles Reporting Service)(lcdar3)
February 3, 2012 Opinion or Order Filing 123 STATUS REPORT Supplement by CONSERVATION LAW FOUNDATION, MASS AUDUBON, NATURAL RESOURCES DEFENSE COUNCIL. (Longstreth, Benjamin)
February 3, 2012 Opinion or Order Filing 122 AFFIDAVIT re #121 Status Report, Declaration of James S. Gordon by CAPE WIND ASSOCIATES, LLC. (Jarcho, Daniel)
February 3, 2012 Opinion or Order Filing 121 STATUS REPORT Regarding the February 7, 2012 Status Conference by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Hajek, Luther)
February 3, 2012 Opinion or Order Filing 120 NOTICE re #110 of Lodging Supplement to US Coast Guard Administrative Record by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Detweiler Certification, #2 Exhibit A to Certification, #3 Exhibit B to Certification, #4 Exhibit C to Certification, #5 Exhibit D to Certification)(Swanson, Kristofor) Modified to add link on 2/6/2012 (znmw, ).
January 27, 2012 Opinion or Order Filing 119 Unopposed MOTION for Leave to Appear at status conference by telephone by CONSERVATION LAW FOUNDATION, MASS AUDUBON, NATURAL RESOURCES DEFENSE COUNCIL (Attachments: #1 Text of Proposed Order)(Longstreth, Benjamin)
January 27, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 01/27/2012: It is ORDERED that the Unopposed Motion to Permit Amici's Counsel Benjamin Longstreth to Appear by Telephone at the February 7, 2012 Status Conference (Document No. #119 ) is GRANTED. (lcdar3)
January 26, 2012 Opinion or Order Filing 118 Unopposed MOTION for Leave to Appear by Telephone at the February 7, 2012 Status Conference by TOMMY P. BEAUDREAU, MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP (Attachments: #1 Text of Proposed Order)(Hajek, Luther)
January 26, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 01/26/2012: It is ORDERED that the Unopposed Motion to Permit Defendants' Counsel Luther L. Hajek to Appear by Telephone at the February 7, 2012 Status Conference (Document No. #118 ) is GRANTED. (lcdar3)
January 23, 2012 Opinion or Order Filing 117 NOTICE Regarding the Filing of Sealed Materials by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR re #110 ADMINISTRATIVE RECORD, #116 MOTION for Leave to File Confidential Administrative Record Under Seal (Swanson, Kristofor)(FILED UNDER SEAL IN THE VAULT)
January 23, 2012 Opinion or Order Filing 116 MOTION for Leave to File Confidential Administrative Record Under Seal by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Swanson, Kristofor)
January 23, 2012 Opinion or Order Filing 115 NOTICE re #110 of Filing Supplement to Administrative Record and Confidential Administrative Record by TOMMY P. BEAUDREAU, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Certification, #2 Exhibit A to Certification, #3 Exhibit B to Certification, #4 Exhibit C to Certification)(Swanson, Kristofor) Modified to add link on 1/24/2012 (znmw, ).
January 23, 2012 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 01/23/2012: It is ORDERED that Federal Defendants' Motion for Leave to File Under Seal Portions of the Bureau of Ocean Energy Management's Administrative Record (Document No. #116 ) is GRANTED. (lcdar3)
January 19, 2012 Opinion or Order MINUTE ORDER: It is ORDERED that Plaintiffs' Motion for a Status Conference (Document No. #114 ) is GRANTED, and a status conference is scheduled for 2:00 p.m. on Tuesday, February 7, 2012 in Courtroom 4 before Magistrate Judge Deborah A. Robinson. It is FURTHER ORDERED that by no later than Friday, February 3, 2012, Plaintiffs, Defendants and Intervenor shall jointly file a status report addressing the issues that require the court's attention at the status conference. (lcdar3).
January 19, 2012 Opinion or Order Set/Reset Deadlines/Hearings: Status Report due by 2/3/2012; Status Conference set for 2/7/2012 at 02:00 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. (lcdar3)
January 18, 2012 Opinion or Order Filing 114 MOTION for a status conference by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
January 17, 2012 Opinion or Order Filing 113 NOTICE of Appearance by Hope Madeline Babcock on behalf of WAMPANOAG TRIBE OF GAY HEAD (Babcock, Hope) (Main Document 113 replaced on 1/18/2012) (znmw, ).
January 12, 2012 Opinion or Order Filing 112 NOTICE of Appearance by Kristofor R. Swanson on behalf of MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Swanson, Kristofor)
January 10, 2012 Opinion or Order Filing 111 NOTICE OF WITHDRAWAL OF APPEARANCE as to MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. Attorney Samantha Klein Frank terminated. (Frank, Samantha)
January 5, 2012 Opinion or Order Filing 110 ADMINISTRATIVE RECORD Supplement to NMFS AR by GARY LOCKE, ERIC C. SCHWAAB. (Attachments: #1 Cover Letter)(Petersen, Erik)
December 23, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 12/23/2011: It is ORDERED that the Joint Motion of the Conservation Law Foundation, The Natural Resources Defense Council, and Mass Audubon for Leave to Participate as Amici Curiae in Support of Defendant (Document No. #101 ) is GRANTED. (lcdar3)
December 21, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 12/21/2011: It is ORDERED that Defendants' Unopposed Motion to File Under Seal Portions of the Bureau of Ocean Energy Management's Administrative Record (Document No. #108 ) is GRANTED. (lcdar3)
December 19, 2011 Opinion or Order NOTICE OF ERROR re #105 Notice (Other); emailed to samantha.frank@usdoj.gov, cc'd 36 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. In future, please use the event Administrative Record on the Other Documents menu. (znmw, )
December 16, 2011 Opinion or Order Filing 109 ADMINISTRATIVE RECORD by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (See Docket Entries #105 and #106 to view documents). (znmw, )
December 16, 2011 Opinion or Order Filing 108 Unopposed MOTION for Leave to File Under Seal Portions of the Bureau of Ocean Energy Managment's Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Text of Proposed Order)(Frank, Samantha)
December 16, 2011 Opinion or Order Filing 107 NOTICE Regarding the Filing of Sealed Material by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR re #106 Notice (Other), Notice (Other) (Frank, Samantha)
December 16, 2011 Opinion or Order Filing 106 NOTICE Of Filing of the Confidential Portions of the Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR re #105 Notice (Other), Notice (Other), Notice (Other) (Attachments: #1 Index for Confidential Administrative Record)(Frank, Samantha)
December 16, 2011 Opinion or Order Filing 105 NOTICE of Filing of Part II of the Bureau of Ocean Energy Management's Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Affidavit Declaration of Maureen A. Bornholdt Certifying Part Two Of the Bureau of Ocean Enegery Management's Administrative Record, #2 Index, #3 Privilege Log)(Frank, Samantha)
December 8, 2011 Opinion or Order Filing 104 ADMINISTRATIVE RECORD Supplement to FWS AR by ROWAN GOULD, KENNETH SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit Cover Letter)(Petersen, Erik)
December 1, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 12/01/2011: Motion of Plaintiffs PEER et al. for an Extension of time to File a Motion Regarding the Adequacy of the Supplement to the Fish and Wildlife Service Administrative Record (Document No. #103 ) is GRANTED. (lcdar3)
November 28, 2011 Opinion or Order Filing 103 Unopposed MOTION for Extension of Time to File a Motion Regarding the Adequacy of the Supplement to the Fish and Wildlife Service Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Almy, Jessica)
November 22, 2011 Opinion or Order Filing 102 NOTICE re #100 of Filing Supplement to the USACE Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), ROWAN GOULD, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 certification, #2 revised administrative record index, #3 administrative record supplement)(O'Donnell, Jessica) Modified to add link on 11/23/2011 (znmw, ).
November 9, 2011 Opinion or Order Filing 101 MOTION for Leave to File Amici Curiae by CONSERVATION LAW FOUNDATION, MASS AUDUBON, NATURAL RESOURCES DEFENSE COUNCIL (Attachments: #1 Text of Proposed Order)(rdj)
November 1, 2011 Opinion or Order Filing 100 ADMINISTRATIVE RECORD Supplement to FWS Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Cover Letter to FWS Supplement to Administrative Record)(Petersen, Erik)
October 7, 2011 Opinion or Order Filing 99 ADMINISTRATIVE RECORD (Part One of the Bureau of Ocean Energy Management's) by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), ROWAN GOULD, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (See Docket Entry #98 to view document) (jf, )
October 7, 2011 Opinion or Order Filing 98 NOTICE of Filing of Part One of the Bureau of Ocean Energy Management's Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Certification of Part One of the Bureau of Ocean Energy Management's Administrative Record, #2 Index for Part One of the Burean of Ocean Energy Management's Administrative Record)(Frank, Samantha)
October 7, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 10/07/2011: Plaintiffs Alliance To Protect Nantucket Sound, et al.'s and Public Employees For Environmental Responsibility, et al.'s Motion For Leave To File Reply To Cape Wind's Response To Government's Motion For An Extension of Time To File a Portion of the Administrative Record (Document No. #92 ) is DENIED. (lcdar3)
October 7, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 10/07/2011: Defendants' Motion for an Extension of Time To File a Portion of the Bureau of Ocean Energy Management, Regulation and Enforcement's Administrative Record (Document No. #87 ) is GRANTED. (lcdar3)
October 5, 2011 Opinion or Order Filing 97 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elisabeth C. Frost, :Firm- Perkins Coie LLP, :Address- 700 13th St. NW, #600, Washington, D.C. 20005. Phone No. - 202-654-6256. Fax No. - 202-654-9959 by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Affidavit Frost Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Service Certificate of Service)(MacLean, Jennifer)
October 5, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 10/5/11 granting #97 Motion for Elisabeth C. Frost Leave to Appear Pro Hac Vice: Firm- Perkins Coie LLP, :Address- 700 13th St. NW, #600, Washington, D.C. 20005. Phone No. - 202-654-6256. Fax No. - 202-654-9959. (EW)
October 4, 2011 Opinion or Order Filing 96 REPLY to opposition to motion re #87 MOTION for Extension of Time to File A Portion of the Bureau of Ocean Energy Management, Regulation and Enforcement's Administrative Record filed by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (Attachments: #1 Declaration Second Declaration of Maureen A. Bornholdt)(Hajek, Luther)
October 4, 2011 Opinion or Order Filing 95 NOTICE of Appearance by Jennifer A. MacLean on behalf of ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (MacLean, Jennifer)
October 3, 2011 Opinion or Order Filing 94 REVISED ADMINISTRATIVE RECORD by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. (See Docket Entry #93 to view document) (jf, )
October 3, 2011 Opinion or Order Filing 93 NOTICE of Filing United States Army Corps of Engineers Revised Administrative Record by BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP (Attachments: #1 Letter, #2 Revised Administrative Record Index)(O'Donnell, Jessica)
October 3, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 10/3/11 granting #91 Unopposed Motion of Plaintiffs Alliance To Protect Nantucket Sound, et al. for Extension of Time to File a Motion Regarding the Adequacy of The United States Coast Guard Administrative Record; Motion due by 10/31/2011. (EW)
September 30, 2011 Opinion or Order Filing 92 MOTION for Leave to File Reply to Cape Wind Associates' Response to Government's Motion for Extension to File a Portion of the Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION (Attachments: #1 Exhibit Proposed Reply, #2 Exhibit, #3 Certificate of Service)(Sharp, Benjamin)
September 30, 2011 Opinion or Order Filing 91 Unopposed MOTION for Extension of Time to File a Motion Regarding the Adequacy of the U.S. Coast Guard Administrative Record (Second) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
September 29, 2011 Opinion or Order Filing 90 RESPONSE re #87 MOTION for Extension of Time to File A Portion of the Bureau of Ocean Energy Management, Regulation and Enforcement's Administrative Record filed by CAPE WIND ASSOCIATES, LLC. (Edens, Geraldine)
September 28, 2011 Opinion or Order Filing 89 Memorandum in opposition to re #87 MOTION for Extension of Time to File A Portion of the Bureau of Ocean Energy Management, Regulation and Enforcement's Administrative Record AMENDED filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION. (Sharp, Benjamin)
September 27, 2011 Opinion or Order Filing 88 Memorandum in opposition to re #87 MOTION for Extension of Time to File A Portion of the Bureau of Ocean Energy Management, Regulation and Enforcement's Administrative Record filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR, THREE BAYS PRESERVATION. (Sharp, Benjamin)
September 27, 2011 Opinion or Order Filing 87 MOTION for Extension of Time to File A Portion of the Bureau of Ocean Energy Management, Regulation and Enforcement's Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, MERDITH W.B. TEMPLE, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP (Attachments: #1 Affidavit Declaration of Maureen A. Bornholdt)(Frank, Samantha)
September 26, 2011 Opinion or Order NOTICE OF ERROR re #85 Notice (Other); emailed to jessica.odonnell@usdoj.gov, cc'd 30 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Entered in Error; Refile using the event Administrative Record under Other Documents. (znmw, )
September 26, 2011 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re Notice of QC directing refiling of the Administrative Record was entered in error; please disregard. (znmw, )
September 23, 2011 Opinion or Order Filing 86 ADMINISTRATIVE RECORD by U.S. ARMY CORPS OF ENGINEERS, ROBERT L. VAN ANTWERP. (See Docket Entry #85 to view document) (jf, )
September 23, 2011 Opinion or Order Filing 85 NOTICE of Filing Administrative Record by U.S. ARMY CORPS OF ENGINEERS, ROBERT L. VAN ANTWERP (Attachments: #1 Certification, #2 Administrative Record Index, #3 Privilege Log, #4 Cover letter)(O'Donnell, Jessica)
September 23, 2011 Opinion or Order Filing 84 NOTICE of Appearance by Jessica O'Donnell on behalf of U.S. ARMY CORPS OF ENGINEERS, ROBERT L. VAN ANTWERP (O'Donnell, Jessica)
September 21, 2011 Opinion or Order Filing 83 STIPULATION REGARDING SUPPLEMENTING THE U.S. FISH AND WILDLIFE SERVICE ADMINISTRATIVE RECORD by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Almy, Jessica)
September 21, 2011 Opinion or Order Set/Reset Deadlines/Hearings: Bureau of Ocean Energy Management, Regulation and Enforcement ("BOEMRE") Administrative Record is due by 10/7/2011. (lcdar3)
September 21, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 09/21/2011: Defendants' Unopposed Motion for an Extension of Time to File Administrative Record (Document No. #82 ) is GRANTED. (lcdar3)
September 20, 2011 Opinion or Order Filing 82 Unopposed MOTION for Extension of Time to File Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP (Attachments: #1 Text of Proposed Order)(Frank, Samantha)
September 20, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 9/20/11 granting #81 Motion for Extension of Time to File A Motion Regarding The Adequacy Of The National Marine Fisheries Service Administrative Record; Motions due by 10/22/2011. (EW)
September 19, 2011 Opinion or Order Filing 81 MOTION for Extension of Time to File a Motion Regarding the Adequacy of the National Marine Fisheries Service Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Almy, Jessica)
September 16, 2011 Opinion or Order Filing 80 ANSWER to Complaint by the Wampanoag Tribe of Gay Head (Aquinnah) by CAPE WIND ASSOCIATES, LLC.(Edens, Geraldine)
September 16, 2011 Opinion or Order Filing 79 ANSWER to #70 Amended Complaint by CAPE WIND ASSOCIATES, LLC. Related document: #70 Amended Complaint filed by JONATHAN E. MAYHEW, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION.(Edens, Geraldine)
September 16, 2011 Opinion or Order Filing 78 ANSWER to #69 Amended Complaint,, by CAPE WIND ASSOCIATES, LLC. Related document: #69 Amended Complaint,, filed by WILLIAM H. RYPKA, ROBERT BUSSIERE, BARBARA JEAN PENNICK, RICHARD KLEIN, JEFF GOOD, FRANK CARUSO, DAVID MORIARTY, RON BORJESON, PAULINE K. KLEIN, CAMERON DAWSON, CROCKER SNOW, JR., HEATHER ROCKWELL, ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, PATRICIA J. DINEEN, NEIL GOOD, JAMES KEDING, JAMES R. POWELL, LOU GONZAGA.(Edens, Geraldine)
September 16, 2011 Opinion or Order Filing 77 ANSWER to #68 Amended Complaint, by CAPE WIND ASSOCIATES, LLC. Related document: #68 Amended Complaint, filed by TOWN OF BARNSTABLE, MASSACHUSETTS.(Edens, Geraldine)
September 16, 2011 Opinion or Order Filing 76 ANSWER to #47 Amended Complaint, by CAPE WIND ASSOCIATES, LLC. Related document: #47 Amended Complaint, filed by CINDY LOWRY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, LOWER LAGUNA MADRE FOUNDATION, RICHARD LARGAY, BARBARA DURKIN.(Edens, Geraldine)
September 16, 2011 Opinion or Order Filing 75 Defendants' ANSWER to #70 Amended Complaint by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. Related document: #70 Amended Complaint filed by JONATHAN E. MAYHEW, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION.(Hajek, Luther)
September 15, 2011 Opinion or Order Filing 74 Defendants' ANSWER to Complaint of Plaintiff The Wampanoag Tribe of Gay Head (Aquinnah)'s by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP.(Hajek, Luther)
September 15, 2011 Opinion or Order Filing 73 Defendants' ANSWER to #68 Amended Complaint, by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. Related document: #68 Amended Complaint, filed by TOWN OF BARNSTABLE, MASSACHUSETTS.(Hajek, Luther)
September 15, 2011 Opinion or Order Filing 72 Defendants' ANSWER to #10 Amended Complaint, by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(10cv1072), RONALD GOULD, ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP. Related document: #10 Amended Complaint, filed by CINDY LOWRY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, LOWER LAGUNA MADRE FOUNDATION, BARBARA DURKIN.(Hajek, Luther)
September 15, 2011 Opinion or Order Filing 71 ANSWER to #47 Amended Complaint, by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, ROBERT J. PAPP, JR, ERIC C. SCHWAAB, U.S. ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE INTERIOR. Related document: #47 Amended Complaint, filed by CINDY LOWRY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, LOWER LAGUNA MADRE FOUNDATION, RICHARD LARGAY, BARBARA DURKIN.(Petersen, Erik)
September 13, 2011 Opinion or Order Filing 70 FIRST AMENDED COMPLAINT against BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROBERT J. PAPP, JR, KENNETH SALAZAR filed by JONATHAN E. MAYHEW, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION.(znmw, )
September 13, 2011 Opinion or Order Filing 69 FIRST AMENDED COMPLAINT against MICHAEL R. BROMWICH, ROBERT J. PAPP, JR, KENNETH SALAZAR, U.S. ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP, BUREAU OF OCEAN ENERGY MANAGEMENT filed by FRANK CARUSO, RON BORJESON, LOU GONZAGA, RICHARD KLEIN, JAMES R. POWELL, ROBERT BUSSIERE, JEFF GOOD, NEIL GOOD, CAMERON DAWSON, WILLIAM H. RYPKA, DAVID MORIARTY, CROCKER SNOW, JR, PAULINE K. KLEIN, HEATHER ROCKWELL, JAMES KEDING, ALLIANCE TO PROTECT NANTUCKET SOUND, BARBARA JEAN PENNICK, PATRICIA J. DINEEN, CHRISTOPHER BIRDSEY.(znmw, )
September 13, 2011 Opinion or Order Filing 68 FIRST AMENDED COMPLAINT against MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROBERT J. PAPP, JR, KENNETH SALAZAR, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR, ROBERT L. VAN ANTWERP, U.S. ARMY CORPS OF ENGINEERS filed by TOWN OF BARNSTABLE, MASSACHUSETTS.(znmw, )
September 13, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 09/13/2011: Plaintiff's Motion for Leave to File Amended Complaint (Document No. #49 ), to which no oppositions have been filed, is hereby GRANTED. (lcdar3).
September 13, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 09/13/2011: Plaintiff's Motion for Leave to File First Amended Complaint (Document No. #50 ), to which no oppositions have been filed, is hereby GRANTED. (lcdar3).
September 13, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 09/13/2011: [Plaintiff's Unopposed] Motion to File Amended Complaint (Document No. #51 ) is hereby GRANTED. (lcdar3)
September 1, 2011 Opinion or Order Filing 67 MOTION for Extension of Time to Challenge the Adequacy of the Coast Guard Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Text of Proposed Order)(Sharp, Benjamin)
September 1, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 9/1/11 granting #67 Unopposed Motion for Extension of Time to File a Motion Regarding the Adequacy of the United States Coast Guard Administrative Record; Motion due by 9/30/2011.. (EW)
August 29, 2011 Opinion or Order Filing 66 MOTION for Extension of Time to File a Motion Regarding the Adequacy of the Fish and Wildlife Service Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Almy, Jessica)
August 29, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 08/29/2011: Plaintiffs' Motion for Extension of Time to File a Motion Regarding the Adequacy of the Fish and Wildlife Service Administrative Record (Document No. #66 ) is hereby GRANTED. Plaintiffs shall have until September 21, 2011 to file any motion regarding the adequacy of the previously filed U.S. Fish and Wildlife Service Administrative Record. (lcdar3)
August 29, 2011 Opinion or Order Set/Reset Deadlines: Plaintiffs' motion regarding the adequacy or completeness of the U.S. Fish and Wildlife Service Administrative Record is due by 9/21/2011. (lcdar3)
August 22, 2011 Opinion or Order Filing 65 ADMINISTRATIVE RECORD for the National Marine Fisheries Service by GARY LOCKE. (Attachments: #1 Cover Letter for Filed Administrative Record)(Petersen, Erik)
August 15, 2011 Opinion or Order Filing 64 NOTICE of Change of Address by Luther L. Hajek (Hajek, Luther)
August 3, 2011 Opinion or Order Filing 63 MOTION for Extension of Time to File a Motion Regarding the Adequacy of the Fish and Wildlife Service Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, RICHARD LARGAY, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Glitzenstein, Eric)
August 3, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 8/3/11 granting #63 Unopposed Motion for Extension of Time to File a Motion Regarding the Adequacy of the Fish and Wildlife Service Administrative Record. (EW)
August 3, 2011 Opinion or Order Motion regarding the Adequacy of the U.S. Fish and Wildlife Service Administrative Record due by 8/31/2011. (EW)
July 29, 2011 Opinion or Order Filing 62 ADMINISTRATIVE RECORD by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, KENNETH SALAZAR, ERIC C. SCHWAAB, ROBERT L. VAN ANTWERP. (See Docket Entry #61 to view document). (znmw, )
July 29, 2011 Opinion or Order Filing 61 NOTICE of Filing of United States Coast Guard Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. COAST GUARD, ROBERT L. VAN ANTWERP (Attachments: #1 USCG Administrative Record Index, #2 Certification of the Administrative Record)(Frank, Samantha)
July 26, 2011 Opinion or Order Filing 60 ADMINISTRATIVE RECORD for the United States Fish and Wildlife Service (Revised Disc #1), Notice of Filing by ROWAN GOULD, KENNETH SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit Letter to Clerk re Revised AR Disc #1)(Petersen, Erik)
July 19, 2011 Opinion or Order Filing 59 STIPULATED PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Magistrate Judge Deborah A. Robinson on 07/19/11. (ldc, )
July 19, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 7/19/11 granting #58 Motion for Entry of Stipulated Protective Order. (EW)
July 18, 2011 Opinion or Order Filing 58 MOTION for Protective Order by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Text of Proposed Order Exhibit 1 - Stipulated Protective Order)(Shu, Elisabeth)
July 11, 2011 Opinion or Order Filing 57 NOTICE of Filing of Motion to File Amended Complaint by MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW re #51 MOTION for Leave to File (Gehan, Shaun)
July 11, 2011 Opinion or Order Filing 56 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT L. VAN ANTWERP served on 6/28/2011 (Attachments: #1 Exhibit)(Almy, Jessica)
July 11, 2011 Opinion or Order Filing 55 NOTICE of Filing Certificate of Service and Notice of Compliance with Local Rule 7(m) by TOWN OF BARNSTABLE, MASSACHUSETTS re #49 MOTION for Leave to File (Pilsk, William)
July 8, 2011 Opinion or Order Filing 54 ADMINISTRATIVE RECORD by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(11cv1238), ROWAN GOULD, GARY LOCKE, KENNETH SALAZAR. (See Docket Entry #52 to view document) (jf, )
July 8, 2011 Opinion or Order Filing 53 NOTICE of filing certificate of service and notice of compliance with Local Rule 7(m) by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR re #50 MOTION for Leave to File (jeb, )
July 8, 2011 Opinion or Order Filing 52 NOTICE of Filing of Fish and Wildlife Service Administrative Record by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT(formerly known as MINERALS MANAGEMENT SERVICE ), ROWAN GOULD, GARY LOCKE, KENNETH SALAZAR (Attachments: #1 Exhibit (Cover Letter), #2 Exhibit (Certification of FWS Administrative Record), #3 Exhibit (FWS Privilege Log))(Petersen, Erik)
July 8, 2011 Opinion or Order MINUTE ORDER consolidating cases. Having determined that 11cv1238 shares common questions of law and fact with this case, it is hereby ORDERED that 11cv1238 is consolidated with this case; and it is FURTHER ORDERED the clerk shall close 11cv1238 and transfer the parties to this case; and it is ORDERED that the parties shall make all filings only in this case, 10cv1067, and shall NOT elect to spread them when filing on ECF, as this will result in repetitive docketing. SO ORDERED. Signed by Judge Ricardo M. Urbina on 07/08/2011. (EN, )
July 6, 2011 Opinion or Order Filing 51 MOTION for Leave to File an Amended Complaint by MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW (Attachments: #1 Exhibit Amended Complaint, #2 Text of Proposed Order); (Filed in related case 10-1072)(jeb, )
July 6, 2011 Opinion or Order Filing 50 MOTION for Leave to File an amended complaint by ALLIANCE TO PROTECT NANTUCKET SOUND, CHRISTOPHER BIRDSEY, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA, CROCKER SNOW, JR (Attachments: #1 Exhibit Amended Complaint, #2 Text of Proposed Order) (Filed in Related Case 10-1079)(jeb, )
July 6, 2011 Opinion or Order Filing 49 MOTION for Leave to File an Amended Complaint by TOWN OF BARNSTABLE, MASSACHUSETTS (Attachments: #1 Exhibit Amended Complaint, #2 Text of Proposed Order)(Filed in CA 10-1073 as related)(jeb, )
June 23, 2011 Opinion or Order Filing 48 SCHEDULING ORDER by Magistrate Judge Deborah A. Robinson on 6/23/11: Upon consideration of the Joint Case Management Statement and Proposed Scheduling Order (Document No. 44) filed jointly by the parties, and of the proffers and arguments of counsel at the June 22, 2011 status hearing and scheduling conference, it is hereby ORDERED: Deadline for motions to amend pleadings: July 6, 2011, Deadline for motions to join additional parties: July 6, 2011,Deadline for Wampanoag Tribe of Gay Head ("the Tribe") to file its complaint: July 6, 2011, Defendants shall file the Fish and Wildlife Service administrative record and privilege log: July 8, 2011, The parties shall meet and confer in an effort to agree upon the terms of a protective order; should they be unable to do so, then Intervenor shall file its motion for protective order by July 18, 2011, Defendants shall file the United States Coast Guard administrative record and privilege log: July 31, 2011, Defendants shall file the National Marine Fisheries administrative record and privilege log: August 23, 2011, Defendants and Intervenor shall file their answers to the amended pleadings and the Tribes complaint: September 16, 2011,Defendants shall file the United States Army Corps of Engineers administrative record and privilege log: September 23, 2011,Defendants shall file the Bureau of Ocean Energy, Management, Regulation and Enforcement administrative record and privilege log: October 1, 2011, Plaintiffs shall file their motions for summary judgment: March 1, 2012, Defendants and Intervenor shall file their oppositions to Plaintiffs motions, and their cross-motions for summary judgment: April 26, 2012, Plaintiffs shall file their replies in further support of their motions for summary judgment, and their oppositions to Defendants and Intervenors summary judgment motions:June 7, 2012, Defendants and Intervenor shall file their replies in support of their summary judgment motions: July 19, 2012, IT IS SO ORDERED. (EW)
June 22, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Status Conference conducted on 6/22/2011, Scheduling Conference held on 6/22/2011. (Court Reporter Bowles Reportin.) (lm )
June 22, 2011 Opinion or Order Summons (1) Issued as to ROBERT L. VAN ANTWERP. re #47 SECOND AMENDED COMPLAINT (jf, )
June 21, 2011 Opinion or Order Filing 47 SECOND AMENDED COMPLAINT against MICHAEL R. BROMWICH, CAPE WIND ASSOCIATES, LLC, ROWAN GOULD, GARY LOCKE, KENNETH SALAZAR, ERIC C. SCHWAAB, ROBERT L. VAN ANTWERP filed by CINDY LOWRY, CETACEAN SOCIETY INTERNATIONAL, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION, MARTHA POWERS, BARBARA DURKIN, CALIFORNIANS FOR RENEWABLE ENERGY, THREE BAYS PRESERVATION, RICHARD LARGAY.(znmw, ) Modified defendant on 6/23/2011 (znmw, ).
June 21, 2011 Opinion or Order Filing 46 STIPULATION Regarding Second Amended Complaint by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Amended Complaint, a Paper Copy of Which Is Also Being Filed with the Clerk of the Court)(Almy, Jessica)
June 21, 2011 Opinion or Order Filing 45 NOTICE of Appearance by Samantha Klein Frank on behalf of All Defendants (Frank, Samantha)
June 15, 2011 Opinion or Order Filing 44 MEET AND CONFER STATEMENT. (Attachments: #1 Defendants' and Intervenor's Proposed Scheduling Order, #2 Plaintiffs' Proposed Scheduling Order)(Hajek, Luther)
June 1, 2011 Opinion or Order MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 6/1/11: This action was referred to this court for the purposes enumerated by the assigned United States District Judge in the Referral filed on May 17, 2011 (Document No. 43). It is hereby ORDERED that a status hearing and scheduling conference is scheduled for 2:30 p.m. on Wednesday, June 22, 2011 in Courtroom 4. It is FURTHER ORDERED that counsel for Plaintiffs, Defendants and Intervenor Defendant shall meet and confer with respect to the matters enumerated in the Referral, and, no later than June 15, 2011, jointly file a report and proposed scheduling order in the manner prescribed by LCvR 16.3(d). (EW)
May 17, 2011 Opinion or Order Filing 43 CASE REFERRED to Magistrate Judge Deborah A. Robinson for the Resolution of the Intervenot's unopposed motion for a status hearing and any resulting motions to amend or for Protective Orders and for a Report and Recommendation on any resulting Preliminary Injunction motions. (ls, )
May 17, 2011 Opinion or Order MINUTE ORDER referring this matter to a magistrate judge pursuant to LCvR 72.2 and 72.3 for scheduling and for the resolution of the intervenor's unopposed motion for a status hearing and any resulting motions to amend or for protective orders and for a report and recommendation on any resulting preliminary injunction motions. SO ORDERED. Signed by Judge Ricardo M. Urbina on 05/17/2011. (EN, )
May 11, 2011 Opinion or Order Filing 42 NOTICE by CAPE WIND ASSOCIATES, LLC re #41 Unopposed MOTION for Status Conference (Jarcho, Daniel)
May 11, 2011 Opinion or Order Filing 41 Unopposed MOTION for Status Conference by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Text of Proposed Order)(Jarcho, Daniel) Modified event on 5/12/2011 (znmw, ).
April 28, 2011 Opinion or Order Filing 40 NOTICE of Appearance by Christopher H. Marraro on behalf of CAPE WIND ASSOCIATES, LLC (Marraro, Christopher)
April 20, 2011 Opinion or Order Filing 39 NOTICE of Approval of a Construction and Operations Plan for the Cape Wind Energy Project by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, RONALD GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Exhibit 1, #2 Exhibit 2, Part 1, #3 Exhibit 2, Part 2)(Hajek, Luther)
March 11, 2011 Opinion or Order Filing 38 RESPONSE re #37 Notice (Other), Notice (Other) Response to Notice of Recent Authority Filed by Plaintiffs filed by MICHAEL R. BROMWICH, RONALD GOULD, GARY LOCKE, KENNETH SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR. (Petersen, Erik)
March 4, 2011 Opinion or Order Filing 37 NOTICE of Recent Authority by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Almy, Jessica)
January 31, 2011 Opinion or Order Filing 36 REPLY to opposition to motion re #32 MOTION for Hearing filed by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA. (Sharp, Benjamin)
January 28, 2011 Opinion or Order Filing 35 REPLY to opposition to motion re #33 MOTION for Order to Establish a Schedule for the Production of the Administrative Record filed by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Glitzenstein, Eric)
January 20, 2011 Opinion or Order Filing 34 Memorandum in opposition to re #32 MOTION for Hearing, #33 MOTION for Order to Establish a Schedule for the Production of the Administrative Record filed by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, RONALD GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Third Cruickshank Declaration, #2 Chapman Declaration)(Hajek, Luther)
January 3, 2011 Opinion or Order Filing 33 MOTION for Order to Establish a Schedule for the Production of the Administrative Record by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Almy, Jessica)
January 3, 2011 Opinion or Order Filing 32 MOTION for Hearing Scheduling Status Conference by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, FRANK CARUSO, CAMERON DAWSON, PATRICIA J. DINEEN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, HEATHER ROCKWELL, WILLIAM H. RYPKA (Sharp, Benjamin) Modified event title on 1/4/2011 (znmw, ).
December 10, 2010 Opinion or Order Filing 31 NOTICE of Appearance by William Eric Pilsk on behalf of TOWN OF BARNSTABLE, MASSACHUSETTS (Pilsk, William)
December 10, 2010 Opinion or Order Filing 30 REPLY to opposition to motion re #23 MOTION to Dismiss for Lack of Jurisdiction, #24 MOTION to Dismiss for Lack of Jurisdiction, #20 MOTION to Dismiss Plaintiffs' First Amended Complaint, #22 MOTION to Dismiss for Lack of Jurisdiction filed by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, RONALD GOULD, GARY LOCKE, ROBERT J. PAPP, JR, KENNETH SALAZAR, ERIC C. SCHWAAB, U.S. COAST GUARD, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Declaration)(Hajek, Luther)
December 9, 2010 Opinion or Order Filing 29 NOTICE of Change of Address by Benjamin S. Sharp (dr)
December 9, 2010 Opinion or Order Filing 28 NOTICE of Filing the Declaration of James S. Gordon by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Declaration James S. Gordon)(Shu, Elisabeth)
November 13, 2010 Opinion or Order Filing 27 NOTICE of Appearance by Shaun Michael Gehan on behalf of MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW (Gehan, Shaun)
November 12, 2010 Opinion or Order Filing 26 Memorandum in opposition to re #24 MOTION to Dismiss for Lack of Jurisdiction, #23 MOTION to Dismiss for Lack of Jurisdiction, #20 MOTION to Dismiss Plaintiffs' First Amended Complaint, #22 MOTION to Dismiss for Lack of Jurisdiction filed by ALLIANCE TO PROTECT NANTUCKET SOUND, RON BORJESON, ROBERT BUSSIERE, CALIFORNIANS FOR RENEWABLE ENERGY, FRANK CARUSO, CETACEAN SOCIETY INTERNATIONAL, CAMERON DAWSON, PATRICIA J. DINEEN, BARBARA DURKIN, LOU GONZAGA, JEFF GOOD, NEIL GOOD, ANTHONY R. JESSEN, JAMES KEDING, PAULINE K. KLEIN, RICHARD KLEIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION, JONATHAN E. MAYHEW, DAVID MORIARTY, BARBARA JEAN PENNICK, JAMES R. POWELL, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, HEATHER ROCKWELL, WILLIAM H. RYPKA, THREE BAYS PRESERVATION, TOWN OF BARNSTABLE, MASSACHUSETTS. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Sharp, Benjamin)
November 1, 2010 Opinion or Order Set/Reset Deadlines: Plaintiff's Opposition due by 11/12/2010; Reply due by 12/10/2010. (mpt, )
October 29, 2010 Opinion or Order MINUTE ORDER granting #25 motion for extension of time. Upon consideration of the plaintiffs' motion for an extension of time and enlargement of the page limit, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the plaintiffs' consolidated opposition shall be no more than 65 pages and is due on or before November 12, 2010; and it is ORDERED that the defendants' reply shall be no more than 35 pages and is due on or before December 10, 2010. SO ORDERED. Signed by Judge Ricardo M. Urbina on 10/29/10. (EN, )
October 27, 2010 Opinion or Order Filing 25 MOTION for Extension of Time to File Consolidated Opposition to Motion to Dismiss and for Enlargement of Pages by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Eubanks, II, William)
October 25, 2010 Opinion or Order Filing 24 MOTION to Dismiss for Lack of Jurisdiction by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, ROBERT J. PAPP, JR, KENNETH SALAZAR, U.S. COAST GUARD, U.S. DEPARTMENT OF THE INTERIOR (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Proposed Order)(tg, )(NOTE: This motion was originally filed in case 10-1079 under docket entry #17. The clerk filed the motion in this lead case pursuant to a consolidation order entered 10/25/2010)
October 25, 2010 Opinion or Order Filing 23 MOTION to Dismiss for Lack of Jurisdiction by MICHAEL R. BROMWICH, BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, KENNETH SALAZAR, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Proposed Order)(tg, )(NOTE: This motion was originally filed in case 10-1073 under docket entry #20. The clerk filed the motion in this lead case pursuant to a consolidation order entered 10/25/2010)
October 25, 2010 Opinion or Order Filing 22 MOTION to Dismiss for Lack of Jurisdiction by BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT,KENNETH SALAZAR (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Proposed Order)(tg, ) (NOTE: This motion was originally filed in case 10-1072 under docket entry #17. The clerk filed the motion in this lead case pursuant to a consolidation order entered 10/25/2010) Modified to edit entry on 10/26/2010 (tg, ).
October 25, 2010 Opinion or Order Set/Reset Deadlines: Plaintiffs' consolidated opposition to the Federal Defendants' Dispositive Motions due by 11/2/2010. Federal Defendants' Reply to the Plaintiffs' consolidated opposition to Dispositive Motions due by 11/23/2010. (tg, )
October 25, 2010 Opinion or Order MINUTE ORDER consolidating cases and granting motions for extension of time. Having determined that the following cases share common questions of law and fact, it is hereby ORDERED that case numbers 10cv1067, 10cv1072, 10cv1073 and 10cv1079 be consolidated; and it is FURTHER ORDERED the clerk shall close 10cv1072, 10cv1073 and 10cv1079 and transfer whichever parties are not the same to the lead case, 10cv1067, and it is ORDERED that the parties shall make all filings only in 10cv1067 and shall NOT elect to spread test when filing on ECF, as this will result in repetitive docketing; and it is FURTHER ORDERED that the clerk shall transfer the motions to dismiss in case numbers 10cv1072 (ECF No. 17), 10cv1073 (ECF No. 20) and 10cv1079 (ECF No. 17) to the lead case, 10cv1067; and it is ORDERED that the unopposed motions filed in each case (10cv1067, ECF No. #21 ; 10cv1072, ECF No. 18; 10cv1073, ECF No. 21; 10cv1079, ECF No. 18) to extend the briefing schedule are GRANTED and the plaintiffs' consolidated opposition to the federal defendant's motions to dismiss is due on or before November 2, 2010 and the federal defendants' consolidated reply is due on or before November 23, 2010. SO ORDERED. Signed by Judge Ricardo M. Urbina on 10/25/10. (EN, )
October 12, 2010 Opinion or Order Filing 21 Joint MOTION for Extension of Time to File Opposition to Motion to Dismiss by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Text of Proposed Order)(Eubanks, II, William)
September 29, 2010 Opinion or Order Filing 20 MOTION to Dismiss Plaintiffs' First Amended Complaint by MICHAEL R. BROMWICH, RONALD GOULD, GARY LOCKE, KENNETH SALAZAR, ERIC C. SCHWAAB (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Text of Proposed Order)(Hajek, Luther) Modified event title on 9/30/2010 (znmw, ).
September 10, 2010 Opinion or Order Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GARY LOCKE served on 8/30/2010; ERIC C. SCHWAAB served on 8/27/2010 (Attachments: #1 Exhibit Signed Certified Mail Cards)(Almy, Jessica)
September 8, 2010 Opinion or Order Filing 19 ANSWER to #10 Amended Complaint, by CAPE WIND ASSOCIATES, LLC. Related document: #10 Amended Complaint, filed by CINDY LOWRY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, CETACEAN SOCIETY INTERNATIONAL, MARTHA POWERS, THREE BAYS PRESERVATION, ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, LOWER LAGUNA MADRE FOUNDATION, BARBARA DURKIN.(ztd, )
September 8, 2010 Opinion or Order Filing 15 NOTICE of Appearance by Frederick Randolph Anderson on behalf of CAPE WIND ASSOCIATES, LLC (Anderson, Frederick)
September 8, 2010 Opinion or Order Filing 14 NOTICE of Appearance by Elisabeth L. Shu on behalf of CAPE WIND ASSOCIATES, LLC (Shu, Elisabeth)
September 8, 2010 Opinion or Order Filing 13 NOTICE of Appearance by Daniel G. Jarcho on behalf of CAPE WIND ASSOCIATES, LLC (Jarcho, Daniel)
September 8, 2010 Opinion or Order MINUTE ORDER granting #5 motion to intervene. Upon consideration of Cape Wind Associates' unopposed motion to intervene, it is hereby ORDERED that the motion is GRANTED. SO ORDERED. Signed by Judge Ricardo M. Urbina on 09/08/2010. (EN, )
September 7, 2010 Opinion or Order Filing 17 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAPE WIND ASSOCIATES, LLC (znmw, )
September 7, 2010 Opinion or Order Filing 16 ANSWER to #1 Complaint, by CAPE WIND ASSOCIATES, LLC.(znmw, )
September 7, 2010 Opinion or Order Filing 12 NOTICE by CAPE WIND ASSOCIATES, LLC re #5 MOTION to Intervene (Attachments: #1 Exhibit CWA Proposed Answer to First Amended Complaint)(Shu, Elisabeth)
September 7, 2010 Opinion or Order MINUTE ORDER granting #11 the plaintiffs' pro hac vice motion. Upon consideration of the plaintiffs' motion for admission of Jessica Almy pro hac vice, it is hereby ORDERED that the motion is GRANTED. SO ORDERED. Signed by Judge Ricardo M. Urbina on 09/07/2010. (EN, )
September 1, 2010 Opinion or Order Filing 11 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jessica Almy, :Firm- Meyer Glitzenstein & Crystal, :Address- 1601 Connecticut Ave. NW, Suite 700, Washington, DC 20009. Phone No. - (202) 588-5206. Fax No. - (202) 588-5049 by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Eubanks, II, William)
August 25, 2010 Opinion or Order Summons (2) Issued as to GARY LOCKE, ERIC C. SCHWAAB. (jf, )
August 23, 2010 Opinion or Order Filing 10 FIRST AMENDED COMPLAINT against MICHAEL R. BROMWICH, RONALD GOULD, KENNETH SALAZAR, GARY LOCKE, ERIC C. SCHWAAB filed by ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, CALIFORNIANS FOR RENEWABLE ENERGY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION.(znmw, )
August 23, 2010 Opinion or Order MINUTE ORDER granting #9 motion for extension of time to answer. Upon consideration of the defendants' unopposed motion for an extension of time to respond to the complaint, it is hereby ORDERED that the motion is GRANTED and the defendants shall file a response to the complaint on or before September 29, 2010. SO ORDERED. MICHAEL R. BROMWICH answer due 9/29/2010; RONALD GOULD answer due 9/29/2010; KENNETH SALAZAR answer due 9/29/2010. Signed by Judge Ricardo M. Urbina on 08/23/2010. (EN, )
August 23, 2010 Opinion or Order Set/Reset Deadlines: Defendants'answer to the complaint due by 9/29/2010 (tg, )
August 20, 2010 Opinion or Order Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by MICHAEL R. BROMWICH, RONALD GOULD, KENNETH SALAZAR (Attachments: #1 Text of Proposed Order)(Hajek, Luther)
July 21, 2010 Opinion or Order Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. MICHAEL R. BROMWICH served on 6/25/2010, answer due 8/30/2010; RONALD GOULD served on 6/25/2010, answer due 8/27/2010; KENNETH SALAZAR served on 6/25/2010, answer due 8/27/2010 (Glitzenstein, Eric)
July 21, 2010 Opinion or Order Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to MICHAEL R. BROMWICH served on 6/29/2010, answer due 8/30/2010; RONALD GOULD served on 6/28/2010, answer due 8/27/2010; KENNETH SALAZAR served on 6/28/2010, answer due 8/27/2010. (Glitzenstein, Eric)
July 21, 2010 Opinion or Order Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 7/7/10. (Glitzenstein, Eric)
July 8, 2010 Opinion or Order Filing 5 MOTION to Intervene as a Defendant by CAPE WIND ASSOCIATES, LLC (Attachments: #1 Proposed Answer, #2 Rule 7.1 Certficate, #3 Text of Proposed Order)(znmw, )
July 2, 2010 Opinion or Order Filing 4 NOTICE of Appearance by Luther L. Hajek on behalf of MICHAEL R. BROMWICH, RONALD GOULD, KENNETH SALAZAR (Hajek, Luther)
June 28, 2010 Opinion or Order Filing 3 NOTICE of Appearance by Erik Edward Petersen on behalf of MICHAEL R. BROMWICH, RONALD GOULD, KENNETH SALAZAR (Petersen, Erik)
June 25, 2010 Opinion or Order Filing 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIANCE TO PROTECT NANTUCKET SOUND, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION identifying Corporate Parent NONE for ALLIANCE TO PROTECT NANTUCKET SOUND, BARBARA DURKIN, CALIFORNIANS FOR RENEWABLE ENERGY, CETACEAN SOCIETY INTERNATIONAL, CINDY LOWRY, LOWER LAGUNA MADRE FOUNDATION, MARTHA POWERS, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (rdj)
June 25, 2010 Opinion or Order Filing 1 COMPLAINT against MICHAEL R. BROMWICH, RONALD GOULD, KENNETH SALAZAR ( Filing fee $ 350, receipt number 4616030736) filed by ALLIANCE TO PROTECT NANTUCKET SOUND, LOWER LAGUNA MADRE FOUNDATION, CINDY LOWRY, MARTHA POWERS, CETACEAN SOCIETY INTERNATIONAL, BARBARA DURKIN, CALIFORNIANS FOR RENEWABLE ENERGY, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, THREE BAYS PRESERVATION. (Attachments: #1 Civil Cover Sheet)(rdj)
June 25, 2010 Opinion or Order SUMMONS (5) Issued as to MICHAEL R. BROMWICH, RONALD GOULD, KENNETH SALAZAR, U.S. Attorney and U.S. Attorney General (rdj)

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Defendant: BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Samantha Klein Frank
Represented By: Kristofor R. Swanson
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Reuben S. Schifman
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Defendant: MICHAEL R. BROMWICH
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Samantha Klein Frank
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Defendant: KENNETH LEE SALAZAR
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: RONALD GOULD
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Samantha Klein Frank
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Defendant: GARY LOCKE
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: ERIC C. SCHWAAB
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: MINERALS MANAGEMENT SERVICE
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Samantha Klein Frank
Represented By: Kristofor R. Swanson
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Reuben S. Schifman
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Defendant: UNITED STATES DEPARTMENT OF THE INTERIOR
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: ROBERT J. PAPP, JR.
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: U.S. COAST GUARD
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: ROBERT L. VAN ANTWERP
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Jessica O'Donnell
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Defendant: ROWAN GOULD
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: UNITED STATES ARMY CORPS OF ENGINEERS
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: BUREAU OF OCEAN ENERGY MANAGEMENT
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: MERDITH W.B. TEMPLE
Represented By: Luther L. Hajek
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: TOMMY P. BEAUDREAU
Represented By: Robert Pendleton Williams
Represented By: Clifford Eugene Stevens, Jr.
Represented By: Erik Edward Petersen
Represented By: Jessica O'Donnell
Represented By: Kristofor R. Swanson
Represented By: Luther L. Hajek
Represented By: Reuben S. Schifman
Represented By: Samantha Klein Frank
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Defendant: WALTER CRUICKSHANK
Represented By: Robert Pendleton Williams
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Plaintiff: PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: CETACEAN SOCIETY INTERNATIONAL
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: LOWER LAGUNA MADRE FOUNDATION
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: CALIFORNIANS FOR RENEWABLE ENERGY
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: THREE BAYS PRESERVATION
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: ALLIANCE TO PROTECT NANTUCKET SOUND
Represented By: Elizabeth Leigh Lewis
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: Elisabeth C. Frost
Represented By: Eric Robert Glitzenstein
Represented By: James O. Bickford
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: CINDY LOWRY
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jennifer A. MacLean
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: BARBARA DURKIN
Represented By: Elizabeth Leigh Lewis
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: Eric Robert Glitzenstein
Represented By: Jennifer A. MacLean
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: MARTHA POWERS
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jennifer A. MacLean
Represented By: Jessica Elizabeth Almy
Represented By: William Stewart Eubanks, II
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Plaintiff: MARTHA'S VINEYARD/DUKES COUNTY FISHERMAN'S ASSOCIATION
Represented By: Benjamin S. Sharp
Represented By: David Earl Frulla
Represented By: Shaun Michael Gehan
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Plaintiff: JONATHAN E. MAYHEW
Represented By: Benjamin S. Sharp
Represented By: David Earl Frulla
Represented By: Shaun Michael Gehan
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Plaintiff: TOWN OF BARNSTABLE, MASSACHUSETTS
Represented By: William Eric Pilsk
Represented By: Benjamin S. Sharp
Represented By: Charles Alan Spitulnik
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Plaintiff: RON BORJESON
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: JEFF GOOD
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: JAMES KEDING
Represented By: Jennifer A. MacLean
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: NEIL GOOD
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: ROBERT BUSSIERE
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: CAMERON DAWSON
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: PATRICIA J. DINEEN
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: DAVID MORIARTY
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: WILLIAM H. RYPKA
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: RICHARD KLEIN
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: PAULINE K. KLEIN
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: ANTHONY R. JESSEN
Represented By: Jennifer A. MacLean
Represented By: Benjamin S. Sharp
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Plaintiff: HEATHER ROCKWELL
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
Represented By: Jennifer A. MacLean
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Plaintiff: BARBARA JEAN PENNICK
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: LOU GONZAGA
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: FRANK CARUSO
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: JAMES R. POWELL
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
Represented By: Benjamin S. Sharp
Represented By: Donald Christian Baur
Represented By: James O. Bickford
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Plaintiff: RICHARD LARGAY
Represented By: Elizabeth Leigh Lewis
Represented By: Benjamin S. Sharp
Represented By: Eric Robert Glitzenstein
Represented By: Jennifer A. MacLean
Represented By: Jessica Elizabeth Almy
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Plaintiff: CHRISTOPHER BIRDSEY
Represented By: Benjamin S. Sharp
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
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Plaintiff: CROCKER SNOW, JR.
Represented By: Benjamin S. Sharp
Represented By: Jennifer A. MacLean
Represented By: Tyler Guy Welti
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Plaintiff: WAMPANOAG TRIBE OF GAY HEAD
Represented By: Benjamin S. Sharp
Represented By: Kelly Deanne Davis
Represented By: Hope Madeline Babcock
Represented By: Thomas M. Gremillion
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Intervenor defendant: CAPE WIND ASSOCIATES, LLC
Represented By: Christopher H. Marraro
Represented By: Geraldine E. Edens
Represented By: Thomas Edward Hogan
Represented By: Daniel G. Jarcho
Represented By: Elisabeth L. Shu
Represented By: Frederick Randolph Anderson
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Petitioner: CONSERVATION LAW CENTER
Represented By: Andrea C. Ferster
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Amicus curiae: CONSERVATION LAW FOUNDATION
Represented By: Benjamin Longstreth
Represented By: Jerome Christian Muys, Jr.
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Amicus curiae: NATURAL RESOURCES DEFENSE COUNCIL
Represented By: Jerome Christian Muys, Jr.
Represented By: Benjamin Longstreth
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Amicus curiae: MASS AUDUBON
Represented By: Jerome Christian Muys, Jr.
Represented By: Benjamin Longstreth
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Amicus curiae: NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES
Represented By: Elizabeth Sherrill Merritt
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Amicus curiae: AMERICAN BIRD CONSERVANCY
Represented By: Andrea C. Ferster
Represented By: W. William Weeks
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Amicus curiae: WHALE AND DOLPHIN CONSERVATION
Represented By: James B. Dougherty
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Amicus curiae: CAPE COD MARINE TRADES ASSOCIATION, INC.
Represented By: John Kennedy Fulweiler, Jr.
Represented By: Todd DeLear Lochner
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Amicus curiae: MASSACHUSETTS FISHERMEN'S PARTNERSHIP, INC.
Represented By: John Kennedy Fulweiler, Jr.
Represented By: Todd DeLear Lochner
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