CENTER FOR BIOLOGICAL DIVERSITY et al v. ANDREW WHEELER et al
| CONSERVANCY OF SOUTHWEST FLORIDA, SIERRA CLUB, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, CENTER FOR BIOLOGICAL DIVERSITY, ST. JOHNS RIVERKEEPER and MIAMI WATERKEEPER |
| U.S. ENVIRONMENTAL PROTECTION AGENCY, ANDREW KELLY, ANDREW WHEELER, MARY WALKER, SUSAN BODINE, AURELIA SKIPWITH, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SCOTT SPELLMON, UNITED STATES FISH AND WILDLIFE SERVICE, DAVID FOTOUHI, DAVE ROSS and LEOPOLDO MIRANDA-CASTRO |
| FLORIDA CHAMBER OF COMMERCE and ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS, INCORPORATED (AFCD) |
| STATE OF FLORIDA and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION |
| 1:2021cv00119 |
| January 14, 2021 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Environmental Matters |
| 33 U.S.C. § 1319 |
| None |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 31
MOTION for Partial Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER. (Attachments: #1 Crooks' Declaration, #2 Umpierre's Declaration, #3 Silverstein's Declaration, #4 Wiley's Declaration, #5 Hartl's Declaration, #6 Carter's Declaration, #7 Robertson's Declaration, #8 Rinaman's Declaration, #9 Text of Proposed Order)(Galloni, Tania)
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Filing 30
MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that the Motion to Intervene by the Florida Chamber of Commerce and Association of Florida Community Developers (collectively, "Movants"), Dkt. #29 , is DENIED without prejudice; and it is further ORDERED that Movants shall, on or before April 2, 2021, file any renewed motion to intervene or any motion for leave to participate in this matter as amici. See document for details. Signed by Judge Randolph D. Moss on 3/4/2021. (lcrdm3) Modified on 3/4/2021 to change document type to "opinion". (kt).
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Filing 29
Unopposed MOTION to Intervene by ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS, INCORPORATED (AFCD), Florida Chamber of Commerce. (Attachments: #1 Statement of Points & Authorities in Support, #2 Exhibit A- Walker Declaration, #3 Exhibit B- Pierce Declaration, #4 Proposed Order)(Jazil, Mohammad)
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Filing 28
NOTICE of Filing Corrected Certified Index to the Administrative Record by ANDREW WHEELER, SUSAN BODINE, DAVID FOTOUHI, DAVE ROSS, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: #1 Certification, #2 Amended Index)(Coghlan, Andrew)
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Filing 27
NOTICE of Filing Certified Index to the Administrative Record by ANDREW WHEELER, SUSAN BODINE, DAVID FOTOUHI, DAVE ROSS, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: #1 Certification, #2 Index)(Coghlan, Andrew)
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Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 2/17/2021. By close of business Friday, EPA Defendants shall file the index to the certified administrative record. Plaintiff's Summary Judgment motion due by 3/5/2021; Defendants and Intervenor Defendant Responses to Motion for Summary Judgment and Cross Motions are due by 4/26/2021; Plaintiff's Reply to Motion for Summary Judgment and Cross Opposition are due by 5/24/2021; Final Reply due by 6/7/2021. (Court Reporter Jeff Hook.) (kt)
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Filing 26
NOTICE of Appearance by Alison C. Finnegan on behalf of All Defendants (Finnegan, Alison)
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Filing 25
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANDREW WHEELER served on 1/25/2021; SUSAN BODINE served on 1/25/2021; DAVID FOTOUHI served on 1/25/2021; ANDREW KELLY served on 1/21/2021; LEOPOLDO MIRANDA-CASTRO served on 1/21/2021; DAVE ROSS served on 1/25/2021; AURELIA SKIPWITH served on 1/21/2021; SCOTT SPELLMON served on 1/21/2021; UNITED STATES ARMY CORPS OF ENGINEERS served on 2/8/2021; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 1/25/2021; UNITED STATES FISH AND WILDLIFE SERVICE served on 1/21/2021; MARY WALKER served on 1/21/2021 (Attachments: #1 USPS return receipts for Summons)(Galloni, Tania)
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Filing 24
NOTICE of Appearance by Aaron M. Streett on behalf of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA (Streett, Aaron)
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Filing 23
RESPONSE TO REQUEST FOR PRE-MOTION CONFERENCE by FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA re #21 Notice (Other) (Wood, Jeffrey) Modified event title on 2/9/2021 (znmw).
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Filing 22
RESPONSE TO REQUEST FOR PRE-MOTION CONFERENCE by ANDREW WHEELER, SUSAN BODINE, DAVID FOTOUHI, ANDREW KELLY, LEOPOLDO MIRANDA-CASTRO, DAVE ROSS, AURELIA SKIPWITH, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, MARY WALKER re #21 Notice (Other) (Coghlan, Andrew) Modified event on 2/5/2021 (ztd).
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MINUTE ORDER: Upon consideration of Plaintiffs' Notice Requesting Pre-Motion Conference, Dkt. #21 , and pursuant to subsection 10(a)(i) of the Court's standing order, Dkt. #3 at 4, it is hereby ORDERED that the State of Florida, the Florida Department of Environmental Protection, and the Defendants shall file, on or before February 5, 2021, "a short notice via ECF, not to exceed six double-spaced pages in length... setting forth their anticipated responses to [Plaintiffs'] proposed motion," id. It is further ORDERED that the Motion to Intervene by the State of Florida and the Florida Department of Environmental Protection, Dkt. #4 is hereby GRANTED in light of Plaintiffs' consent to the Motion, Dkt. #14 . The State of Florida and the Florida Department of Environmental Protection are accordingly permitted to intervene in this case under Federal Rule of Civil Procedure 24(a)(2). The Clerk of Court is directed to amend the caption accordingly. Finally, it is ORDERED that all parties shall appear for a pre-motion conference on February 17, 2021 at 3:30pm. The conference shall occur by telephone using the telephonic dial-in information to be provided by the Courtroom Deputy Clerk. Signed by Judge Randolph D. Moss on 2/1/2021. (lcrdm3)
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Filing 21
NOTICE REQUESTING PRE-MOTION CONFERENCE by CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER (Galloni, Tania)
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Filing 20
NOTICE of Appearance by Andrew S. Coghlan on behalf of All Defendants (Coghlan, Andrew)
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Filing 19
NOTICE of Appearance by Christina Reichert on behalf of All Plaintiffs (Reichert, Christina)
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Filing 18
NOTICE of Appearance by Bonnie Malloy on behalf of CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER (Malloy, Bonnie)
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Filing 17
NOTICE of Appearance by Lily N. Chinn on behalf of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA (Chinn, Lily)
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Filing 16
NOTICE of Appearance by Harrison Reback on behalf of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA (Reback, Harrison)
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MINUTE ORDER: Upon consideration of the pending Motion for Admission Pro Hac Vice, Dkt. #15 , it is hereby ORDERED that the Motion is GRANTED. Harrison F. Reback is hereby GRANTED leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civil Rule 83.6(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 1/24/2021. ( lcrdm3)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Harrison F. Reback, Filing fee $ 100, receipt number ADCDC-8112692. Fee Status: Fee Paid. by FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Wigginton, Jared)
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Filing 14
NOTICE by CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER re Order,, Set Deadlines, (Galloni, Tania)
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Filing 13
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER (Galloni, Tania)
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Filing 12
NOTICE of Appearance by Tania Galloni on behalf of CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER (Galloni, Tania)
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MINUTE ORDER: Upon consideration of the pending Motions for Admission Pro Hac Vice, Dkt. #10 and #11 , it is hereby ORDERED that the Motions are GRANTED. Lily N. Chinn and Aaron Streett are hereby GRANTED leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Randolph D. Moss on 1/22/2021. (lcrdm3)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Streett, Filing fee $ 100, receipt number ADCDC-8107040. Fee Status: Fee Paid. by FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Wigginton, Jared)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lily N. Chinn, Filing fee $ 100, receipt number ADCDC-8106901. Fee Status: Fee Paid. by FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Wigginton, Jared)
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MINUTE ORDER: Upon consideration of Plaintiffs' Motions for Admission Pro Hac Vice, Dkt. #7 , Dkt. #8 , and Dkt. #9 , it is hereby ORDERED that each Motion is GRANTED. Bonnie Malloy, Tania Galloni, and Christina I. Reichert are hereby GRANTED leave to appear pro hac vice in this case.Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 1/21/2021. (lcrdm3) Modified on 1/21/2021 (ztnr).
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Filing 9
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christina I. Reichert, Filing fee $ 100, receipt number ADCDC-8099710. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sewell, Anna)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tania Galloni, Filing fee $ 100, receipt number ADCDC-8099700. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sewell, Anna)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bonnie Malloy, Filing fee $ 100, receipt number ADCDC-8099682. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, CONSERVANCY OF SOUTHWEST FLORIDA, DEFENDERS OF WILDLIFE, FLORIDA WILDLIFE FEDERATION, MIAMI WATERKEEPER, SIERRA CLUB, ST. JOHNS RIVERKEEPER. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sewell, Anna)
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Filing 6
NOTICE of Appearance by Jared Russell Wigginton on behalf of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA (Wigginton, Jared)
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Filing 5
NOTICE of Appearance by Jeffrey Heath Wood on behalf of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA (Wood, Jeffrey)
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Filing 4
MOTION to Intervene by STATE OF FLORIDA, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. (Attachments: #1 Memorandum in Support Statement of Points and Authorities, #2 Declaration Ex. 1 - Declaration of Justin Wolfe (FDEP General Counsel), #3 Text of Proposed Order)(Wood, Jeffrey)
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MINUTE ORDER: Upon consideration of the Motion to Intervene by the State of Florida and the Florida Department of Environmental Protection, Dkt. #4 , it is hereby ORDERED that Plaintiffs shall file a notice with the Court on or before January 22, 2021 indicating whether they oppose the Motion. It is further ORDERED that if Plaintiffs do oppose the motion, Plaintiffs shall file their opposition brief on or before January 29, 2021. Signed by Judge Randolph D. Moss on 1/19/2021. (lcrdm3)
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Filing 3
STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 1/14/2021. (lcrdm3)
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Filing 2
SUMMONS (12) Issued Electronically as to ANDREW WHEELER, SUSAN BODINE, DAVID FOTOUHI, ANDREW KELLY, LEOPOLDO MIRANDA-CASTRO, DAVE ROSS, AURELIA SKIPWITH, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, MARY WALKER. (Attachment: #1 Notice and Consent)(adh, )
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Filing 1
COMPLAINT against ANDREW WHEELER, SUSAN BODINE, DAVID FOTOUHI, ANDREW KELLY, LEOPOLDO MIRANDA-CASTRO, DAVE ROSS, AURELIA SKIPWITH, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, MARY WALKER ( Filing fee $ 402 receipt number ADCDC-8076717) filed by DEFENDERS OF WILDLIFE, CENTER FOR BIOLOGICAL DIVERSITY, ST. JOHNS RIVERKEEPER, SIERRA CLUB, CONSERVANCY OF SOUTHWEST FLORIDA, MIAMI WATERKEEPER. (Attachments: #1 Civil Cover Sheet, #2 Request for Summons)(Sewell, Anna)
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Case Assigned to Judge Randolph D. Moss. (adh, )
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