SOUTHERN UTAH WILDERNESS ALLIANCE et al v. BERNHARDT et al
LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY and SOUTHERN UTAH WILDERNESS ALLIANCE |
DAVID BERNHARDT, KENT HOFFMAN and WILLIAM PERRY PENDLEY |
PURE HELIUM, LLC |
1:2020cv03654 |
December 14, 2020 |
US District Court for the District of Columbia |
Rudolph Contreras |
Environmental Matters |
05 U.S.C. § 0706 |
None |
Docket Report
This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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Filing 45 REPLY to opposition to motion re #33 MOTION for Temporary Restraining Order (Renewed) MOTION for Preliminary Injunction (Renewed) filed by CENTER FOR BIOLOGICAL DIVERSITY, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE. (znmw) |
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Filing 42 STIPULATION Regarding Notice by PURE HELIUM, LLC. (Garner, Alison) |
Filing 41 Memorandum in opposition to re #40 MOTION for Leave to File Reply to Renewed Motion for Temporary Restraining Order and Preliminary Injunction filed by PURE HELIUM, LLC. (Garner, Alison) |
Filing 40 MOTION for Leave to File Reply to Renewed Motion for Temporary Restraining Order and Preliminary Injunction by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: #1 Proposed Reply, #2 Text of Proposed Order)(Bloch, Stephen) |
Filing 39 NOTICE of Citations by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE re Motion Hearing, (Bloch, Stephen) |
Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 1/6/2021 re #33 MOTION for Temporary Restraining Order (Renewed) MOTION for Preliminary Injunction (Renewed) filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. Argument heard and the court takes the motion under advisement. (Court Reporter: Nancy Meyer) (tj) |
NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #36 Memorandum in Opposition was entered in error and was refiled by counsel as Docket Entry #38 Memorandum in Opposition. (znmw) |
Filing 38 Memorandum in opposition to re #33 MOTION for Temporary Restraining Order (Renewed) MOTION for Preliminary Injunction (Renewed) CORRECTED MEMORANDUM IN OPPOSITION filed by DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY. (Williams, Michelle-Ann) |
Filing 37 LARGE ADDITIONAL ATTACHMENT(S) by DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY #38 Memorandum in Opposition filed by WILLIAM PERRY PENDLEY, DAVID BERNHARDT, KENT HOFFMAN. (Attachments: #1 Exhibit List, #2 Exhibit Ex. K - Project EA, #3 Exhibit Ex. L - Second Bankert Declaration, #4 Exhibit Ex. M - Dec. 23, 2020 Decision Record, #5 Exhibit Ex. N - 2015 PFO EA, #6 Exhibit Ex. O - 2018 SLFO EA, #7 Exhibit Ex. P - 2018 PFO & RFO EA, #8 Exhibit Ex. Q - Dec. 23, 2020 FONSI)(Williams, Michelle-Ann) Modified link on 1/5/2021 (znmw). |
Filing 36 ENTERED IN ERROR.....Memorandum in opposition to re #33 MOTION for Temporary Restraining Order (Renewed) MOTION for Preliminary Injunction (Renewed) filed by DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY. (Williams, Michelle-Ann) Modified on 1/5/2021 (znmw). |
Filing 35 Memorandum in opposition to re #33 MOTION for Temporary Restraining Order (Renewed) MOTION for Preliminary Injunction (Renewed) filed by PURE HELIUM, LLC. (Garner, Alison) |
Filing 34 LARGE ADDITIONAL ATTACHMENT(S) by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE #33 MOTION for Temporary Restraining Order (Renewed) MOTION for Preliminary Injunction (Renewed) filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Exhibit A - San Rafael Desert MLP RFDS, #2 Exhibit B - IM 2010-117, #3 Exhibit C - MLP News Release, #4 Exhibit D - MLP Fact Sheet, #5 Exhibit E - MLP Purpose and Need, #6 Exhibit F - MLP Alternatives, #7 Exhibit G - MLP Stipulations and Notices, #8 Exhibit H - MLP BMPs, #9 Exhibit I - San Rafael Desert MLP Draft EA, #10 Exhibit J - EPA Letter, #11 Exhibit K - NPS Letter, #12 Exhibit L - BLM-NPS MOU, #13 Exhibit M - MLP Strategy, #14 Exhibit N - SO 3354, #15 Exhibit O - IM 2018-34, #16 Exhibit P - Lease Sale DNA, #17 Exhibit Q - Price RMP (Excerpts), #18 Exhibit R - Nov. 2015 Lease Sale EA (Excerpts), #19 Exhibit S - PFO Sept. 2018 Lease Sale EA (Excerpts), #20 Exhibit T - SLFO Sept. 2018 Lease Sale EA (Excerpts), #21 Exhibit U - 1999 Utah Wilderness Inventory (Excerpts), #22 Exhibit V - Suppl. GHG Draft EA (Excerpts), #23 Exhibit W - Twin Bridges DR, #24 Exhibit X - Twin Bridges Final EA, #25 Exhibit Y - Twin Bridges FONSI, #26 Exhibit Z - Price RMP RFDS, #27 Exhibit AA - MLP Prelim. Alternatives, #28 Exhibit BB - Decl. of Oliver Wood, #29 Exhibit CC - Decl. of Ray Bloxham, #30 Exhibit DD - Decl. of Creed Murdock)(Newell, Landon) |
Filing 33 MOTION for Temporary Restraining Order (Renewed), MOTION for Preliminary Injunction (Renewed) by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 List of Exhibits)(Newell, Landon) |
Filing 32 AMENDED COMPLAINT against All Defendants filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, CENTER FOR BIOLOGICAL DIVERSITY, NATURAL RESOURCES DEFENSE COUNCIL.(Newell, Landon) |
Filing 29 TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on 12/22/2020. Page Numbers: 1-42. Date of Issuance: 12/28/2020. Court Reporter: Nancy J. Meyer. Telephone Number: 202-354-3118. Tape Number: N/A. 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 court reporter refe renced 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 21 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 1/18/2021. Redacted Transcript Deadline set for 1/28/2021. Release of Transcript Restriction set for 3/28/2021.(Meyer, Nancy) |
Filing 28 NOTICE of Appearance by Mark Benjamin Machlis on behalf of PURE HELIUM, LLC (Machlis, Mark) |
Filing 27 NOTICE OF AGENCY DECISION by DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Williams, Michelle-Ann) |
Filing 26 NOTICE of Appearance by Landon Newell on behalf of CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, SOUTHERN UTAH WILDERNESS ALLIANCE (Newell, Landon) |
Filing 31 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PURE HELIUM, LLC identifying Corporate Parent ASPECT HOLDINGS, LLC for PURE HELIUM, LLC. (ztth) |
Filing 30 ANSWER to Complaint by PURE HELIUM, LLC. (ztth) |
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Filing 24 NOTICE of Appearance by Stephen H. M. Bloch on behalf of CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, SOUTHERN UTAH WILDERNESS ALLIANCE (Bloch, Stephen) |
Filing 23 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mark Benjamin Machlis, Filing fee $ 100, receipt number ADCDC-7989999. Fee Status: Fee Paid. by PURE HELIUM, LLC (Attachments: #1 Declaration of Mark Benjamin Machlis, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Garner, Alison) |
Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 12/22/2020 re: #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. Plaintiff to supplement the complaint by 12/30/2020; Plaintiff to renew motion for TRO/PI and defendant shall have until 1/4/2021 to respond. Motion Hearing set for 1/6/2021 at 02:00 PM in Telephonic/VTC before Judge Rudolph Contreras. (Court Reporter: Nancy Meyer.) (tj) |
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Filing 22 REPLY to opposition to motion re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE. (Bushyhead, Joseph) |
Filing 21 NOTICE of Appearance by Joseph J. Bushyhead on behalf of CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, SOUTHERN UTAH WILDERNESS ALLIANCE (Bushyhead, Joseph) |
Filing 20 Memorandum in opposition to re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Ex. C, #5 Ex. E, #6 Ex. D, #7 Ex. F, #8 Ex. H, #9 Ex. I, #10 Ex. J, #11 Ex. G)(Williams, Michelle-Ann) |
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Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 12/21/2020. Motion Hearing set for 12/22/2020 at 03:00 PM before Judge Rudolph Contreras via CMS Video. (Court Reporter: Nancy Meyer. (tj) |
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Filing 19 Memorandum in opposition to re #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Pure Helium, LLC. (Attachments: #1 Exhibit A--Declaration of Kirby Carroll)(Garner, Alison) |
Filing 18 NOTICE of Appearance by Michelle-Ann Camielle Williams on behalf of DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY (Williams, Michelle-Ann) |
Filing 17 MOTION to Intervene by Pure Helium, LLC (Attachments: #1 Text of Proposed Order, #2 Proposed Answer, #3 Corporate Disclosure Certificate, #4 Exhibit A--Declaration of Kirby Carroll, #5 Exhibit B, #6 Exhibit C)(Garner, Alison) |
Filing 16 NOTICE of Appearance by Alison D. Garner on behalf of Pure Helium, LLC (Garner, Alison) |
Filing 15 LARGE ADDITIONAL ATTACHMENT(S) by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Exhibit Exhibit 24 - BLM San Rafael Desert MLP Preliminary Alternatives, #2 Affidavit Exhibit 25 - Declaration of Ray Bloxham, #3 Supplement Attachment 1 to Bloxham Declaration, #4 Supplement Attachment 2 to Bloxham Declaration, #5 Supplement Attachment 3 to Bloxham Declaration, #6 Supplement Attachment 4 to Bloxham Declaration, #7 Affidavit Exhibit 26 - Declaration of Creed Murdock)(Lawton, William) |
Filing 14 LARGE ADDITIONAL ATTACHMENT(S) by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Exhibit Exhibit 21 - BLM Utah Wilderness Inventory, #2 Exhibit Exhibit 22 - BLM Supplemental Analysis of GHG Emissions October 2020, #3 Exhibit Exhibit 23 - BLM Twin Bridges Draft EA)(Lawton, William) |
Filing 13 LARGE ADDITIONAL ATTACHMENT(S) by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Exhibit Exhibit 11 - NPS Comments on MLP, #2 Exhibit Exhibit 12 - MOU between BLM and NPS, #3 Exhibit Exhibit 13 - BLM Updated MLP Strategy, #4 Exhibit Exhibit 14 - Secretary of Interior Order No. 3354, #5 Exhibit Exhibit 15 - BLM IM 2018-034, #6 Exhibit Exhibit 16 - BLM December 2018 Lease Sale DNA, #7 Exhibit Exhibit 17 - BLM Price RMP Excerpts, #8 Exhibit Exhibit 18 - BLM November 2015 Lease Sale EA, #9 Exhibit Exhibit 19 - BLM September 2018 Lease Sale EA, #10 Exhibit Exhibit 20 - BLM September 2018 Lease Sale EA Excerpts)(Lawton, William) |
Filing 12 NOTICE of Appearance by Sharon Buccino on behalf of NATURAL RESOURCES DEFENSE COUNCIL (Buccino, Sharon) |
Filing 11 LARGE ADDITIONAL ATTACHMENT(S) by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Exhibit Exhibit 8 - BLM Reasonably Foreseeable Development for San Rafael Desert MLP, #2 Exhibit Exhibit 9 - BLM San Rafael Desert MLP EA, #3 Exhibit Exhibit 10 - EPA Comments on MLP)(Lawton, William) |
Filing 10 LARGE ADDITIONAL ATTACHMENT(S) by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE #9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Exhibit Exhibit 1 - IM 2010-117, #2 Exhibit Exhibit 2 - BLM News Release, #3 Exhibit Exhibit 3 - BLM San Rafael Desert MLP Fact Sheet, #4 Exhibit Exhibit 4 - BLM San Rafael MLP Purpose and Need, #5 Exhibit Exhibit 5 - BLM San Rafael MLP Alternatives, #6 Exhibit Exhibit 6 - BLM San Rafael Desert MLP Appendix B, #7 Exhibit Exhibit 7 - BLM San Rafael Desert MLP Appendix C)(Lawton, William) |
Filing 9 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Lawton, William) |
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Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph Bushyhead, Filing fee $ 100, receipt number ADCDC-7966862. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: #1 Affidavit Declaration of Joseph Bushyhead, #2 Text of Proposed Order)(Lawton, William) |
Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Landon Newell, Filing fee $ 100, receipt number ADCDC-7966846. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: #1 Affidavit Declaration of Landon Newell, #2 Text of Proposed Order)(Lawton, William) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen Bloch, Filing fee $ 100, receipt number ADCDC-7966728. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: #1 Affidavit Declaration of Stephen Bloch, #2 Text of Proposed Order)(Lawton, William) |
Filing 5 NOTICE of Appearance by William N. Lawton on behalf of CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, SOUTHERN UTAH WILDERNESS ALLIANCE (Lawton, William) |
Filing 4 SUMMONS (5) Issued Electronically as to DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons 2, #2 Summons 3, #3 Summons 4, #4 Summons 5, #5 Notice and Consent) (zmd) |
Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE (Eubanks, William) |
Filing 2 NOTICE OF RELATED CASE by CENTER FOR BIOLOGICAL DIVERSITY, LIVING RIVERS, NATURAL RESOURCES DEFENSE COUNCIL, SOUTHERN UTAH WILDERNESS ALLIANCE. Case related to Case No. 1:16-cv-1724. (Eubanks, William) |
Filing 1 COMPLAINT against DAVID BERNHARDT, KENT HOFFMAN, WILLIAM PERRY PENDLEY ( Filing fee $ 402 receipt number ADCDC-7954398) filed by SOUTHERN UTAH WILDERNESS ALLIANCE, LIVING RIVERS, CENTER FOR BIOLOGICAL DIVERSITY, NATURAL RESOURCES DEFENSE COUNCIL. (Attachments: #1 Civil Cover Sheet, #2 Summons Bernhardt, #3 Summons Pendley, #4 Summons Hoffman, #5 Summons Barr, #6 Summons Sherwin)(Eubanks, William) |
Case Assigned to Judge Rudolph Contreras. (zmd) |
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