NATIONAL PARKS CONSERVATION ASSOCIATION et al v. FEDERAL AVIATION ADMINISTRATION et al
| ONE HUNDRED MILES, NATIONAL PARKS CONSERVATION ASSOCIATION, LITTLE CUMBERLAND ISLAND HOMES ASSOCIATION, INC. and CARETTA FOUNDATION,INC. |
| FEDERAL AVIATION ADMINISTRATION, DANIEL MURRAY and JAMES REPCHECK |
| CAMDEN COUNTY |
| 1:2022cv01408 |
| May 19, 2022 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Environmental Matters |
| 05 U.S.C. § 0701 Judicial Review of Agency Decision |
| None |
Docket Report
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This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 Joint MOTION to Stay Litigation by NATIONAL PARKS CONSERVATION ASSOCIATION, ONE HUNDRED MILES. (Attachments: #1 Exhibit Exhibit A - Certified Election Results, #2 Exhibit Exhibit B - Georgia Supreme Court Notice of Oral Argument, #3 Text of Proposed Order Proposed Order Granting Stay of Litigation)(Gist, Brian) |
MINUTE ORDER: Upon consideration of the parties' joint motion for stay of litigation pending a final decision by the Georgia Supreme Court, Dkt. #19 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) this action is STAYED pending further order of this Court; and (2) the Parties shall submit a joint status report detailing the remaining issues and a proposed schedule for further action on or before March 31, 2023, or within thirty days of a final decision by the Georgia Supreme Court in Camden County v. Sweatt, whichever occurs first. Signed by Judge Randolph D. Moss on 09/08/2022. (lcrdm3)
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| Filing 18 NOTICE of Appearance by Kathryn Kusske Floyd on behalf of CAMDEN COUNTY (Floyd, Kathryn) |
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MINUTE ORDER: Upon consideration of Intervenor-Defendant's motion for Admission Pro Hac Vice, Dkt. #17 , it is hereby ORDERED that the motion is GRANTED. JOHN S. MYERS 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 LCvR 83.6(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 07/29 /2022. (lcrdm3)
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MINUTE ORDER: Before the Court is Camden County, Georgia's unopposed motion to intervene as of right in this action. See Dkt. #16 . Fed. R. Civ. P. 24(a)(2) provides that, "[o]n a timely motion, the court must permit anyone to intervene who[]... claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest." A party seeking to intervene under Rule 24(a) must, in the first instance, demonstrate that it has Article III standing. Sevier v. Lowenthal, 302 F. Supp. 3d 312, 322 (D.D.C. 2018). "The standing inquiry for an intervening defendant is the same as for a plaintiff: the intervenor must show injury in fact, causation, and redressability." Crossroads Grassroots Pol'y Strategies v. Fed. Election Comm'n, 788 F.3d 312, 316 (D.C. Cir. 2015). Where (as here) a proposed intervenor seeks to establish its standing to defend an agency decision, the D.C. Circuit "has generally found a sufficient injury in fact where a party benefits from agency decision, the action is then challenged in court, and an unfavorable decision would remove the party's benefit." Crossroads, 788 F.3d at 317. The County contends that, were the Court to rule in Plaintiffs' favor, the County's license to build and operate a commercial space launch site may be set aside and that proposed construction and operation of the spaceport at issue could be enjoined, undermining the County's interest and investment in operating the launch site. Dkt. [16-1] at 8. The Court agrees that the County has properly set forth its interest in building and operating the launch site, and that an unfavorable decision in this challenge would remove its benefit. See Crossroads, 788 F.3d at 317; see also id. at 316 (holding that the requirements of causation and redressability "rationally follow[]" once a defendant-intervenor establishes injury-in-fact based on a challenge to an agency action). The Court, accordingly, concludes that the County has satisfied the requirements of Article III standing at this stage of the litigation. The Court agrees, moreover, that Camden County satisfies the "four prerequisites" to intervention as of right that are embodied in Rule 24(a)(2): "(1) the application to intervene must be timely; (2) the applicant must demonstrate a legally protected interest in the action; (3) the action must threaten to impair that interest; and (4) no party to the action can be an adequate representative of the applicant's interests." Karsner v. Lothian, 532 F.3d 876, 885 (D.C. Cir. 2008) (quotation marks omitted). The County's motion for intervention is timely at this early stage of the litigation: Plaintiffs filed their complaint on May 19, 2022, and federal defendants have yet to file a responsive pleading. Camden County has likewise demonstrated a legally protected interest in this action that would be threatened by the instant suit. Indeed, the County's interest in building and operating a commercial space launch site is directly implicated by the instant suit, which challenges the FAA's environmental review of the proposed site as well as the agency's licensing decision. See also Crossroads, 788 F.3d at 230 (explaining that where an intervenor demonstrates "constitutional standing, it a fortiori has 'an interest relating to the property or transaction which is the subject of the action" (quotations omitted)). Lastly, the Court concludes that no current party to the action would adequately represent the County's interest. This "minimal" burden, Fund For Animals, Inc. v. Norton, 322 F.3d 728, 735 (D.C. Cir. 2003), is satisfied where, as here, the existing defendants represent the interests of the nation, rather than those of the specific communities that Camden County represents. See, e.g., Atlantic Sea Island Grp. LLC v. Connaughton, 592 F. Supp. 2d 1, 7 (D.D.C. 2008) (explaining that "it is not clear that the federal defendants' interests will always align with the narrower interests of New Jersey"). The Court therefore concludes that, in addition to establishing its standing to intervene in this matter, the County has satisfied the requirements of Rule 24(a). Accordingly, it is hereby ORDERED that the motion to intervene, Dkt. #16 , is GRANTED, and that Camden County shall be designated as an Intervenor-Defendant in the action. It is further ORDERED that Intervenor-Defendant's deadline to respond to the Complaint is extended until 14 days after Defendants file a responsive pleading. Signed by Judge Randolph D. Moss on 07/29/2022. (lcrdm3)
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| Filing 17 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John S. Myers, Filing fee $ 100, receipt number BDCDC-9400229. Fee Status: Fee Paid. by CAMDEN COUNTY. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Welti, Tyler) |
| Filing 16 Unopposed MOTION to Intervene by CAMDEN COUNTY. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A - Declaration of Gary Blount, #3 Text of Proposed Order)(Welti, Tyler) |
| Filing 15 Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by FEDERAL AVIATION ADMINISTRATION, DANIEL MURRAY, JAMES REPCHECK. (Attachments: #1 Text of Proposed Order)(Cumming, Gregory) |
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MINUTE ORDER: Upon consideration of Defendants' Consent Motion for an Extension of Time to Respond to Plaintiffs' Complaint, Dkt. #15 , it is hereby ORDERED that the motion is GRANTED and that Defendants shall respond to the complaint on or before September 30, 2022. Signed by Judge Randolph D. Moss on 07/13/2022. (lcrdm3)
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| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/1/22., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/1/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 7/31/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL AVIATION ADMINISTRATION served on 5/31/2022; DANIEL MURRAY served on 5/31/2022; JAMES REPCHECK served on 5/31/2022 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Gist, Brian) |
| Filing 13 NOTICE of Appearance by Gregory Martin Cumming on behalf of FEDERAL AVIATION ADMINISTRATION, DANIEL MURRAY, JAMES REPCHECK (Cumming, Gregory) |
| Filing 12 NOTICE of Appearance by Matthew Philip Rand on behalf of All Defendants (Rand, Matthew) |
| Filing 11 NOTICE of Appearance by Brian Gist on behalf of NATIONAL PARKS CONSERVATION ASSOCIATION, ONE HUNDRED MILES (Gist, Brian) |
| Filing 10 NOTICE of Appearance by Jon L. Schwartz on behalf of CARETTA FOUNDATION,INC., LITTLE CUMBERLAND ISLAND HOMES ASSOCIATION, INC. (Schwartz, Jon) |
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Filing 9
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 05/25/2022. (lcrdm3)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian L. Gist, Filing fee $ 100, receipt number ADCDC-9262553. Fee Status: Fee Paid. by NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: #1 Declaration Declaration of Brian L. Gist in Support of Request for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order)(Gerken, Austin) |
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MINUTE ORDER: Upon consideration of Plaintiffs' motion to appear pro hac vice, Dkt. #6 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Jonathan Lee Schwartz 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 LCvR 83.6(a). #Click for instructions. Signed by Judge Randolph D. Moss on 05/25/2022. (lcrdm3)
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MINUTE ORDER: Upon consideration of Plaintiffs' motion to appear pro hac vice, Dkt. #8 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Brian L. Gist 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 LCvR 83.6(a). #Click for instructions.Signed by Judge Randolph D. Moss on 05/25/2022. (lcrdm3)
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| Filing 7 SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Lee Schwartz, Filing fee $ 100, receipt number ADCDC-9257293. Fee Status: Fee Paid. by CARETTA FOUNDATION,INC., LITTLE CUMBERLAND ISLAND HOMES ASSOCIATION, INC.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Eubanks, William) |
| Case Assigned to Judge Randolph D. Moss. (zsb) |
| Filing 5 NOTICE of Appearance by William Stewart Eubanks, II on behalf of CARETTA FOUNDATION,INC., LITTLE CUMBERLAND ISLAND HOMES ASSOCIATION, INC. (Eubanks, William) |
| Filing 4 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CARETTA FOUNDATION, INC., LITTLE CUMBERLAND ISLAND HOMES ASSOCIATION, INC. (Attachments: #1 Rule 26.1 Corp Disclosure Statement)(Eubanks, William) Modified on 5/23/2022 (znmw). |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ONE HUNDRED MILES (Gerken, Austin) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PARKS CONSERVATION ASSOCIATION (Gerken, Austin) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9251090) filed by NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet, #4 Summons Summons to FAA, #5 Summons Summons to Murray, #6 Summons Summons to Repcheck, #7 Summons Summons to AG, #8 Summons Summons to USAO)(Gerken, Austin) |
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