RED LAKE BAND OF CHIPPEWA INDIANS et al v. UNITED STATES ARMY CORPS OF ENGINEERS
Plaintiff: WHITE EARTH BAND OF OJIBWE, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH and SIERRA CLUB
Defendant: UNITED STATES ARMY CORPS OF ENGINEERS
Intervenor Defendant: ENBRIDGE ENERGY LIMITED
Case Number: 1:2020cv03817
Filed: December 24, 2020
Court: US District Court for the District of Columbia
Presiding Judge: Colleen Kollar-Kotelly
Nature of Suit: Environmental Matters
Cause of Action: 05 U.S.C. ยง 0706
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2021 Set/Reset Deadlines: Joint Meet & Confer Statement due by 3/12/2021. (dot)
February 7, 2021 Filing 40 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 2/7/21. (lcckk3)
February 7, 2021 Opinion or Order Filing 39 ORDER denying #2 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 2/7/21. (lcckk3)
February 3, 2021 Filing 38 RESPONSE re #36 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ENBRIDGE ENERGY LIMITED. (Sibley, George)
February 3, 2021 Filing 37 NOTICE OF SUPPLEMENTAL AUTHORITY by ENBRIDGE ENERGY LIMITED (Attachments: #1 Exhibit Supplemental Authority)(Sibley, George)
February 2, 2021 Filing 36 NOTICE OF SUPPLEMENTAL AUTHORITY by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 USCA Order)(Nasmith, Moneen)
February 1, 2021 Filing 35 RESPONSE re #34 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Costello, Sara)
February 1, 2021 NOTICE OF ERROR re #34 NOTICE OF SUPPLEMENTAL AUTHORITY; emailed to mnasmith@earthjustice.org, cc'd 22 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please refer to Local Rule 5.1(d) regarding Form of Documents. Please file in pleading format. (ztd, )
January 29, 2021 Filing 34 ENTERED IN ERROR. . . . .NOTICE OF SUPPLEMENTAL AUTHORITY by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 USCA Order in D.C. Cir. No. 20-5197)(Nasmith, Moneen) Modified on 2/1/2021 (ztd).
January 20, 2021 Filing 33 REPLY to opposition to motion re #2 MOTION for Preliminary Injunction filed by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE. (Attachments: #1 Declaration of Doug Hayes, Supplemental)(Nasmith, Moneen)
January 20, 2021 Filing 32 STIPULATION on Agreed Joint List of Pertinent Portions of the Administrative Record for Plaintiffs' Motion for Preliminary Injunction by ENBRIDGE ENERGY LIMITED. (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 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Sibley, George)
January 15, 2021 Filing 29 Memorandum in opposition to re #2 MOTION for Preliminary Injunction filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Costello, Sara)
January 15, 2021 Filing 28 Memorandum in opposition to re #2 MOTION for Preliminary Injunction filed by ENBRIDGE ENERGY LIMITED. (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)(Sibley, George)
January 14, 2021 Filing 27 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to defendant UNITED STATES ARMY CORPS OF ENGINEERS 1/13/2021 (Attachments: #1 Certificate of Service Receipt)(Nasmith, Moneen) Modified text on 1/14/2021 (ztd).
January 14, 2021 Filing 26 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/2021. (Attachments: #1 Certificate of Service Receipt)(Nasmith, Moneen)
January 13, 2021 Filing 25 DECLARATION Triplett, Supplemental by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE re #2 MOTION for Preliminary Injunction filed by WHITE EARTH BAND OF OJIBWE, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH, SIERRA CLUB. (Nasmith, Moneen)
January 9, 2021 Filing 31 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENBRIDGE ENERGY LIMITED identifying Corporate Parent ENBRIDGE INC., Corporate Parent ENBRIDGE ENERGY PARTNERS LP, Corporate Parent ENBRIDGE ENERGY MANAGEMENT LLC for ENBRIDGE ENERGY LIMITED. (ztd)
January 9, 2021 Filing 30 NOTICE of Appearance by George P. Sibley, III, Deidre G. Duncan, Karma B. Brown on behalf of ENBRIDGE ENERGY LIMITED (ztd) (Additional attachment(s) added on 1/19/2021: #1 Appearance, #2 Appearance) (ztd).
January 9, 2021 Filing 24 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 1/9/21. (lcckk3)
January 9, 2021 Opinion or Order Filing 23 ORDER granting #19 Motion to Intervene as a Defendant by Enbridge Energy, Limited Partnership. Signed by Judge Colleen Kollar-Kotelly on 1/9/21. (lcckk3)
January 7, 2021 Filing 22 RESPONSE by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE re #19 MOTION to Intervene as a Defendant (Nasmith, Moneen) Modified event on 1/7/2021 (ztd).
January 6, 2021 Opinion or Order Filing 21 SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 1/6/21. (lcckk3)
January 6, 2021 Filing 20 RESPONSE by UNITED STATES ARMY CORPS OF ENGINEERS re #19 MOTION to Intervene as a Defendant (Gange, Heather) Modified on text 1/7/2021 (ztd).
January 6, 2021 Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 1/6/2021. Order forthcoming. (Court Reporter Lisa Edwards.) (dot)
January 6, 2021 Opinion or Order MINUTE ORDER. The Court held a teleconference in this matter on January 6, 2021. The Court discussed with the parties the briefing schedule regarding Plaintiffs' #2 Motion for Preliminary Injunction. The Court shall adopt the schedule proposed by the parties and ORDERS that Defendant shall file its Opposition by JANUARY 15, 2021 and Plaintiffs shall file their Reply by JANUARY 20, 2021. Plaintiffs indicated that they intend to file supplemental affidavits in support of their Motion for Preliminary Injunction. The Court ORDERS that Plaintiffs shall do so by JANUARY 13, 2021 at 10:00 a.m. The Court further ORDERS that the parties shall file by JANUARY 20, 2021 a stipulation indicating the parties' agreement on the pertinent portions of the administrative record relied on in the parties' briefing on the Motion for Preliminary Injunction and shall also file the agreed-upon records. The Court also discussed with the parties the pending #19 Motion to Intervene as a Defendant by Enbridge Energy, LP. Defendant indicated that it does not oppose Enbridge Energy's Motion to Intervene and subsequently filed a #20 Notice indicating its position on the docket. Plaintiffs requested additional time to review Enbridge Energy's Motion to Intervene. The Court ORDERS that Plaintiff shall file by JANUARY 7, 2021 at 12:00 p.m. a Notice indicating either (1) that Plaintiffs do not oppose Enbridge Energy's Motion to Intervene; or (2) that Plaintiffs do oppose Enbridge Energy's Motion to Intervene and a proposed timeline to file their Opposition. Signed by Judge Colleen Kollar-Kotelly on 1/6/21. (lcckk3)
January 6, 2021 Set/Reset Deadlines: Defendant's Response to #2 due by 1/15/2021. Plaintiffs' Reply to #2 due by 1/20/2021. (dot)
January 5, 2021 Filing 19 MOTION to Intervene as a Defendant by Enbridge Energy, Limited Partnership (Attachments: #1 Memorandum in Support, #2 Exhibit L3R Decision Document, #3 Declaration of Barry Simonson, #4 Text of Proposed Order, #5 Certificate Rule 26.1, #6 Notice of Appearance - George P. Sibley, III, #7 Notice of Appearance - Deidre G. Duncan, #8 Notice of Appearance - Karma B. Brown)(Sibley, George)
January 5, 2021 Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/4/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/5/2021. (Nasmith, Moneen)
January 4, 2021 NOTICE OF CORRECTED DOCKET ENTRY: re #16 Notice of Appearance was entered in error and counsel refiled said pleading at docket entry no. #17 . (ztd)
January 4, 2021 Filing 17 NOTICE of Appearance by Mark L. Walters on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Walters, Mark)
January 4, 2021 Filing 16 ENTERED IN ERROR. . . . .NOTICE of Appearance by Mark L. Walters on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Walters, Mark) Modified on 1/5/2021 (ztd).
December 30, 2020 Opinion or Order Filing 15 ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/30/2020. (DM)
December 30, 2020 Filing 14 NOTICE of Appearance by Mekela Panditharatne on behalf of All Plaintiffs (Attachments: #1 Declaration re: Local Rules)(Panditharatne, Mekela)
December 30, 2020 Filing 13 NOTICE of Appearance by Alexis Andiman on behalf of All Plaintiffs (Attachments: #1 Declaration re: Local Rules)(Andiman, Alexis)
December 30, 2020 Filing 12 NOTICE of Appearance by Moneen Susan Nasmith on behalf of All Plaintiffs (Attachments: #1 Declaration re: Local Rules)(Nasmith, Moneen)
December 30, 2020 Filing 11 NOTICE of Appearance by Sara E. Costello on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Costello, Sara)
December 30, 2020 Opinion or Order MINUTE ORDER. The Court held a teleconference in this matter on DECEMBER 30, 2020. The Court discussed with the parties issues related to service and the timing of a briefing schedule regarding Plaintiffs' #2 Motion for Preliminary Injunction. The Court ORDERS that the parties shall confer regarding a proposed briefing schedule and date for submission of the administrative record. The Court further ORDERS that another teleconference will take place on JANUARY 6, 2021 at 9:00 a.m. to discuss the parties' proposed schedule for proceeding in this case. The parties shall provide the Court by email with a brief update on their scheduling efforts by no later than 6:00 p.m. on January 5, 2021. Signed by Judge Colleen Kollar-Kotelly on 12/30/2020. (lcckk3)
December 30, 2020 Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record via telephone held on 12/30/2020. Further Telephone Conference set for 1/6/2021 at 9:00 AM via Telephonic before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)
December 29, 2020 Filing 10 NOTICE of Appearance by Heather E. Gange on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Gange, Heather)
December 29, 2020 Opinion or Order MINUTE ORDER granting #3 , #4 , #5 Motions for Admission of Attorneys Pro Hac Vice with respect to Alexis Andiman, Moneen Nasmith, and Mekela Panditharatne, in order for them to appear as co-counsel for Plaintiffs, CONTINGENT on said attorneys filing a declaration certifying familiarity with this Court's Local Rules by no later than JANUARY 5, 2021. Counsel shall promptly register for this Court's CM/ECF system and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 12/29/2020. (lcckk3)
December 29, 2020 Opinion or Order MINUTE ORDER. After consulting with counsel for Plaintiffs and Defendant, the Court shall hold a teleconference on DECEMBER 30, 2020 at 4:00 p.m. to discuss a briefing schedule regarding Plaintiffs' #2 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 12/29/2020. (lcckk3)
December 29, 2020 Set/Reset Hearings: Telephone Conference on the record set for 12/30/2020 at 4:00 PM via Telephonic before Judge Colleen Kollar-Kotelly. (dot)
December 28, 2020 Filing 9 SUMMONS (3) Issued Electronically as to UNITED STATES ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, )
December 28, 2020 Filing 8 ERRATA CORRECTION PER LCvR 5.1(c) by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE #1 Complaint, filed by WHITE EARTH BAND OF OJIBWE, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH, SIERRA CLUB. (Johnson, Seth)
December 28, 2020 NOTICE OF ERROR re #1 Complaint; emailed to sjohnson@earthjustice.org, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata. (adh, )
December 28, 2020 Case Assigned to Judge Colleen Kollar-Kotelly. (adh, )
December 24, 2020 Filing 7 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SIERRA CLUB (Johnson, Seth)
December 24, 2020 Filing 6 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HONOR THE EARTH (Johnson, Seth)
December 24, 2020 Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mekela Panditharatne, Filing fee $ 100, receipt number ADCDC-8000552. Fee Status: Fee Paid. by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Declaration, #2 Text of Proposed Order)(Johnson, Seth)
December 24, 2020 Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Moneen Nasmith, Filing fee $ 100, receipt number ADCDC-8000550. Fee Status: Fee Paid. by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Declaration, #2 Text of Proposed Order)(Johnson, Seth)
December 24, 2020 Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexis Andiman, Filing fee $ 100, receipt number ADCDC-8000543. Fee Status: Fee Paid. by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Declaration, #2 Text of Proposed Order)(Johnson, Seth)
December 24, 2020 Filing 2 MOTION for Preliminary Injunction by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit A to Mem of Law, #4 Exhibit B to Mem of Law, #5 Exhibit C to Mem of Law, #6 Exhibit D to Mem of Law, #7 Exhibit E to Mem of Law, #8 Exhibit F to Mem of Law, #9 Exhibit G to Mem of Law, #10 Exhibit H to Mem of Law, #11 Exhibit I to Mem of Law, #12 Exhibit J to Mem of Law, #13 Exhibit K to Mem of Law, #14 Exhibit L to Mem of Law, #15 Exhibit M to Mem of Law)(Johnson, Seth)
December 24, 2020 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number ADCDC-8000460) filed by SIERRA CLUB, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH, WHITE EARTH BAND OF OJIBWE. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Johnson, Seth)

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Search for this case: RED LAKE BAND OF CHIPPEWA INDIANS et al v. UNITED STATES ARMY CORPS OF ENGINEERS
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Defendant: UNITED STATES ARMY CORPS OF ENGINEERS
Represented By: Mark L. Walters
Represented By: Sara E. Costello
Represented By: Heather E. Gange
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Plaintiff: WHITE EARTH BAND OF OJIBWE
Represented By: Seth L. Johnson
Represented By: Moneen Susan Nasmith
Represented By: Mekela Panditharatne
Represented By: Alexis Andiman
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Plaintiff: RED LAKE BAND OF CHIPPEWA INDIANS
Represented By: Seth L. Johnson
Represented By: Moneen Susan Nasmith
Represented By: Mekela Panditharatne
Represented By: Alexis Andiman
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Plaintiff: HONOR THE EARTH
Represented By: Seth L. Johnson
Represented By: Moneen Susan Nasmith
Represented By: Mekela Panditharatne
Represented By: Alexis Andiman
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Plaintiff: SIERRA CLUB
Represented By: Seth L. Johnson
Represented By: Moneen Susan Nasmith
Represented By: Mekela Panditharatne
Represented By: Alexis Andiman
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Intervenor defendant: ENBRIDGE ENERGY LIMITED
Represented By: Deidre G. Duncan
Represented By: Karma B. Brown
Represented By: George P. Sibley, III
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