YOUNG v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al
| DR. S. STANLEY YOUNG, S. STANLEY YOUNG and LOUIS ANTHONY COX, JR. |
| UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ALISON C. CULLEN, CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE and ELIZABETH A. SHEPPARD |
| 1:2021cv02623 |
| October 7, 2021 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Other Statutory Actions |
| 05 U.S.C. § 0701 Judicial Review of Agency Decision |
| None |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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USCA Case Number 22-5305 for #43 Notice of Appeal to DC Circuit Court, filed by S. STANLEY YOUNG, LOUIS ANTHONY COX, JR.. (zjm)
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Filing 44
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 re #43 Notice of Appeal to DC Circuit Court. (ztth)
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Filing 43
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #42 Order on Motion for Entry of Final Judgment, Order on Motion to Stay, #38 Memorandum & Opinion, #37 Order on Motion for Partial Summary Judgment,, Set/Reset Deadlines by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG. Filing fee $ 505, receipt number ADCDC-9683240. Fee Status: Fee Paid. Parties have been notified. (Shumate, Brett)
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Filing 42
ORDER granting #40 Motion for Entry of Partial Final Judgment and Stay of Proceedings. See Order for details. Signed by Judge Timothy J. Kelly on 11/2/2022. (lctjk3)
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Filing 41
RESPONSE re #40 MOTION for Entry of Final Judgment (Partial) MOTION to Stay Proceedings filed by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Robinson, John)
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MINUTE ORDER: Upon consideration of the parties' #39 Joint Status Report, it is hereby ORDERED that Defendants shall respond to Plaintiffs' #40 Motion for Entry of Partial Final Judgment by November 7, 2022. If Defendants oppose the motion, it is further ORDERED that Plaintiffs shall file any reply by November 14, 2022. It is further ORDERED that Defendants' obligation to answer Plaintiffs' complaint is stayed until further order of the Court. Signed by Judge Timothy J. Kelly on 10/24/2022. (lctjk3)
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Filing 40
MOTION for Entry of Final Judgment (Partial), MOTION to Stay Proceedings by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG. (Attachments: #1 Text of Proposed Order)(Shumate, Brett)
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Filing 39
Joint STATUS REPORT by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG. (Shumate, Brett)
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Filing 38
MEMORANDUM OPINION in support of #37 Order denying Plaintiffs' #8 Motion for Partial Summary Judgment and granting Defendants' #20 Cross-Motion for Partial Summary Judgment. Signed by Judge Timothy J. Kelly on 9/30/2022. (lctjk3)
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Filing 37
ORDER denying Plaintiffs' #8 Motion for Partial Summary Judgment and granting Defendants' #20 Cross-Motion for Partial Summary Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 9/30/2022. (lctjk3)
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Filing 36
NOTICE of EPA's Transmission of Proposed Rule to White House Office of Information and Regulatory Affairs by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG (Attachments: #1 Exhibit A, #2 Exhibit B)(Shumate, Brett)
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Filing 35
TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Timothy J. Kelly held on 12-22-21; Page Numbers: 1-68; Date of Issuance: 5-5-22; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. 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 refer enced 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 5/26/2022. Redacted Transcript Deadline set for 6/5/2022. Release of Transcript Restriction set for 8/3/2022.(Miller, Timothy)
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Filing 34
NOTICE of Final CASAC Reports by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG (Attachments: #1 Exhibit A, #2 Exhibit B)(Shumate, Brett)
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Filing 33
NOTICE of CASAC Meeting and Vote by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG (Attachments: #1 Exhibit A)(Shumate, Brett)
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Filing 32
MEMORANDUM OPINION in support of #31 Order denying Plaintiffs' #8 Motion for Preliminary Injunction. Signed by Judge Timothy J. Kelly on 2/16/2022. (lctjk3) (Main Document 32 replaced to correct typo on 2/18/2022) (zkh).
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Filing 31
ORDER denying Plaintiffs' #8 Motion for Preliminary Injunction. See Order for details. Signed by Judge Timothy J. Kelly on 2/16/2022. (lctjk3)
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Filing 30
NOTICE of Draft CASAC Meeting Agenda and Draft Reports by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C)(Shumate, Brett)
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Filing 29
NOTICE of Scheduled Meetings of the Clean Air Scientific Advisory Committee by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: #1 Exhibit A Federal Register Notice)(Robinson, John)
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Minute Entry for proceedings held before Judge Timothy J. Kelly: VTC Preliminary Injunction Hearing held on 12/22/2021. Oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (zkh)
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Filing 28
JOINT APPENDIX by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG. (Attachments: #1 Appendix)(Shumate, Brett)
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Filing 27
ORDER granting #26 Joint Motion for Privacy Act Order. See Order for details. Signed by Judge Timothy J. Kelly on 12/6/2021. (lctjk3)
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Filing 26
Joint MOTION for Order under Privacy Act by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: #1 Text of Proposed Order)(Robinson, John)
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MINUTE ORDER granting Plaintiff's #25 Motion for Hearing. It is hereby ORDERED that the parties shall appear for a hearing on Plaintiff's #8 Motion for Preliminary Injunction or Expedited Partial Summary Judgement on December 22, 2021, at 10:00 a.m. via videoconference and shall contact the Courtroom Deputy at least one business day prior to the hearing to make arrangements to participate. Signed by Judge Timothy J. Kelly on 12/3/2021. (lctjk3)
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Filing 25
MOTION for Hearing re #8 MOTION for Preliminary Injunction , or in the alternative MOTION for Partial Summary Judgment (expedited) by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG. (Attachments: #1 Text of Proposed Order)(Shumate, Brett)
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Filing 24
REPLY to opposition to motion re #20 Cross MOTION for Partial Summary Judgment filed by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Robinson, John)
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Filing 23
RESPONSE re #20 Cross MOTION for Partial Summary Judgment filed by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG. (Shumate, Brett)
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Filing 22
REPLY to opposition to motion re #8 MOTION for Preliminary Injunction , or in the alternative MOTION for Partial Summary Judgment (expedited) filed by LOUIS ANTHONY COX, JR, S. STANLEY YOUNG. (Shumate, Brett)
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Filing 21
NOTICE of filing of index to the administrative record by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: #1 Certification, #2 Index of Administrative Record)(Robinson, John)
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Filing 20
Cross MOTION for Partial Summary Judgment by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: #1 Memorandum in Support, #2 Declaration of Thomas H. Brennan, #3 Declaration of Dr. Elizabeth Anne Sheppard, #4 Text of Proposed Order)(Robinson, John)
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Filing 19
Memorandum in opposition to re #8 MOTION for Preliminary Injunction , or in the alternative MOTION for Partial Summary Judgment (expedited) filed by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: #1 Declaration of Thomas H. Brennan, #2 Declaration of Dr. Elizabeth Anne Sheppard, #3 Text of Proposed Order)(Robinson, John)
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Set/Reset Deadlines: Answer due by 12/7/2021, (ztth)
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Filing 18
NOTICE by LOUIS ANTHONY COX, JR (Shumate, Brett)
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Filing 17
AMENDED COMPLAINT against All Defendants filed by S. STANLEY YOUNG. (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 Redline Comparison)(Shumate, Brett)
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Filing 16
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ELIZABETH A. SHEPPARD served on 10/15/2021 (Shumate, Brett)
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Filing 15
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE served on 10/18/2021 (Shumate, Brett)
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Filing 14
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALISON C. CULLEN served on 10/18/2021 (Shumate, Brett)
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Filing 13
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCIENCE ADVISORY BOARD served on 10/18/2021 (Shumate, Brett)
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Filing 12
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL S. REGAN served on 10/15/2021 (Shumate, Brett)
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Filing 11
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 10/18/2021 (Shumate, Brett)
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Filing 10
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/18/2021. (Shumate, Brett)
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Filing 9
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/8/2021. Answer due for ALL FEDERAL DEFENDANTS by 12/7/2021. (Shumate, Brett); Modified service date and answer deadline on 10/29/2021 (ztth).
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Filing 8
MOTION for Preliminary Injunction , or in the alternative, MOTION for Partial Summary Judgment (expedited) by S. STANLEY YOUNG. (Attachments: #1 Memorandum in Support, #2 Declaration of Louis Anthony "Tony" Cox, Jr., #3 Declaration of James E. Enstrom, #4 Declaration of Dennis Paustenbach, #5 Declaration of S. Stanley Young (with Exhibits), #6 Declaration of Brett A. Shumate, #7 Exhibit A to Shumate Decl., #8 Exhibit B to Shumate Decl., #9 Exhibit C to Shumate Decl., #10 Exhibit D to Shumate Decl., #11 Exhibit E to Shumate Decl., #12 Exhibit F to Shumate Decl., #13 Exhibit G to Shumate Decl., #14 Exhibit H to Shumate Decl., #15 Exhibit I to Shumate Decl., #16 Exhibit J to Shumate Decl., #17 Exhibit K to Shumate Decl., #18 Exhibit L to Shumate Decl., #19 Exhibit M to Shumate Decl., #20 Exhibit N to Shumate Decl., #21 Exhibit O to Shumate Decl., #22 Exhibit P to Shumate Decl., #23 Exhibit Q to Shumate Decl., #24 Exhibit R to Shumate Decl., #25 Exhibit S to Shumate Decl., #26 Text of Proposed Order)(Shumate, Brett)
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Set/Reset Deadlines: Motion due by 10/22/2021. Response, Cross Motion and Administrative Record due by 11/5/2021. Reply and Response to Cross Motion due by 11/15/2021. Reply to Cross Motion due by 11/24/2021. (zkh)
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MINUTE ORDER: Upon consideration of the parties' #6 Joint Motion for Briefing Schedule, it is hereby ORDERED that Plaintiff shall file a motion for preliminary injunction or, in the alternative, a motion for expedited partial summary judgment on Counts V through VIII by October 22, 2021; Defendants shall file their combined opposition to Plaintiff's motion and cross-motion for partial summary judgment as well as supply the administrative record to Plaintiff by November 5, 2021; Plaintiff shall submit its combined reply to Defendants' opposition and opposition to Defendants' cross-motion for partial summary judgment by November 15, 2021; Defendants shall submit their reply in support of their cross-motion for partial summary judgment by November 24, 2021. It is further ORDERED that Defendants' obligation to answer Plaintiff's complaint is stayed until 30 days after the resolution of the motion for preliminary injunction and/or cross-motions for partial summary judgment. Signed by Judge Timothy J. Kelly on 10/19/2021. (lctjk3)
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Filing 7
NOTICE of Appearance by Stephen J. Kenny on behalf of S. STANLEY YOUNG (Kenny, Stephen)
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Filing 6
Joint MOTION for Briefing Schedule by CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE, ALISON C. CULLEN, MICHAEL S. REGAN, SCIENCE ADVISORY BOARD, ELIZABETH A. SHEPPARD, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: #1 Text of Proposed Order)(Robinson, John)
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Filing 5
NOTICE of Appearance by John Robinson on behalf of All Defendants (Robinson, John)
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Filing 4
STANDING ORDER: See Order for details. Signed by Judge Timothy J. Kelly on 10/08/2021. (lctjk3)
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Filing 3
SUMMONS (6) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(znmg)
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Case Assigned to Judge Timothy J. Kelly. (znmg)
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Filing 2
NOTICE of Appearance by Joseph Patrick Falvey on behalf of S. STANLEY YOUNG (Falvey, Joseph)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8786313) filed by S. STANLEY YOUNG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Summons (EPA), #10 Summons (Regan), #11 Summons (SAB), #12 Summons (Cullen), #13 Summons (CASAC), #14 Summons (Sheppard))(Shumate, Brett)
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