CENTER FOR BIOLOGICAL DIVERSITY et al v. SPELLMON et al
| CENTER FOR BIOLOGICAL DIVERSITY, SIERRA CLUB, MONTANA ENVIRONMENTAL INFORMATION CENTER, FRIENDS OF THE EARTH and WATERKEEPER ALLIANCE |
| LT. SCOTT A. SPELLMON and U.S. ARMY CORPS OF ENGINEERS |
| STATE OF MONTANA, AMERICAN GAS ASSOCIATION, AMERICAN PETROLEUM INSTITUTE, AMERICAN PUBLIC GAS ASSOCIATION, ASSOCIATION OF OIL PIPE LINES and INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA |
| CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA and EDISON ELECTRIC INSTITUTE |
| 1:2022cv02586 |
| September 9, 2022 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Environmental Matters |
| 42 U.S.C. § 4321 Review of Agency Action-Environment |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 105 NOTICE of Appearance by Eric E. Huber on behalf of SIERRA CLUB (Attachments: #1 Declaration pro hac vice acknowledgment)(Huber, Eric) |
MINUTE ORDER: The Court is in receipt of the parties' #104 Joint Motion Regarding Schedule. The parties seek leave to submit supplemental briefing addressing the law of this Circuit given this case's recent transfer from the United States District Court for the District of Montana. The parties propose filing both supplemental briefs and response briefs. Given the substantial amount of briefing already in the record, however, the Court shall permit just one round of briefing. Plaintiffs, Federal Defendants, and Defendant-Intervenors shall each file supplemental briefs of no longer than twenty double-spaced pages on or before November 18, 2022. As such, the parties' #104 Joint Motion Regarding Schedule is GRANTED IN PART AND DENIED IN PART. Signed by Judge Colleen Kollar-Kotelly on October 6, 2022. (lcckk1)
|
| Set/Reset Deadlines: Plaintiffs, Federal Defendants, and Defendant-Intervenors shall each file supplemental briefs by 11/18/2022. (dot) |
| Filing 104 Joint MOTION for Scheduling Order by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Text of Proposed Order)(Margolis, Jared) |
|
MINUTE ORDER granting #103 Motion for Leave to Appear Pro Hac Vice as to Eric Huber conditional upon counsel Huber filing a declaration on or before October 7, 2022 stating that they have reviewed and are familiar with the Local Rules of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on September 30, 2022. (lcckk1)
|
| Filing 103 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eric Huber, Filing fee $ 100, receipt number ADCDC-9568696. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Declaration Declaration and Certificate of Good Standing, #2 Text of Proposed Order)(Glitzenstein, Eric) |
| Filing 102 NOTICE of Appearance by Jared Margolis on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Attachments: #1 Declaration pro hac vice acknowledgement)(Margolis, Jared) |
| Filing 101 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared Margolis, Filing fee $ 100, receipt number ADCDC-9544006. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, FRIENDS OF THE EARTH, WATERKEEPER ALLIANCE. (Attachments: #1 Declaration Declaration of Jared Margolis, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Glitzenstein, Eric) |
|
MINUTE ORDER granting #101 Motion for Leave to Appear Pro Hac Vice as to Jared Margolis conditional upon counsel Margolis filing a declaration September 30, 2022 stating that they have reviewed and are familiar with the Local Rules of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on September 22, 2022. (lcckk1)
|
| Filing 100 NOTICE of Appearance by Eric Robert Glitzenstein on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Glitzenstein, Eric) |
|
Filing 99
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 09/14/2022. (DM)
|
| Filing 98 Case transferred in from District of Montana; Case Number 4:21-cv-00047. Original file ,transfer order and docket sheet received. |
|
Filing 97
ORDER: The Clerk of Court will TRANSFER VENUE of this case to the United States District Court for the District of Columbia. Please see order for full details. Signed by Judge Brian Morris on 8/18/2022. (MMS) [Transferred from Montana on 9/9/2022.]
|
| Case transferred to District of Columbia. Copy of transfer order sent. (MMS) [Transferred from Montana on 9/9/2022.] |
| Filing 96 MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 6/9/2022: Counsel Douglas Hayes, Jared Michael Margolis, and Timothy Bechtold appearing in person on behalf of Plaintiffs; Counsel Coby Howell and Melonnie Casner appearing in person on behalf of Federal Defendants, with Counsel Kristofer Swanson and Benjamin Grillot appearing via Zoom; Counsel Kathleen Smithgall appearing via Zoom on behalf of Intervenor-Defendant State of Montana; Counsel Brianne McClafferty appearing in person on behalf of Intervenor-Defendants American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, and Interstate Natural Gas Association of America, with Counsel Karma Brown appearing via Zoom; and, Counsel Rachel Parkin, Brandon Tuck, and Corinne Snow appearing via Zoom on behalf of Amicus Party Chamber of Commerce of the United States of America This hearing is with regard to the following Motions for Summary Judgment: #44 Motion for Summary Judgment by Plaintiffs; #61 Cross Motion for Summary Judgment by Federal Defendants; and, #66 Cross Motion for Summary Judgment by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, and Interstate Natural Gas Association of America. Counsel Margolis, Hayes, Howell, Grillot, Swanson, Brown, and Smithgall w/argument. Case is submitted. Order will be submitted forthwith. Hearing commenced at 2:37 p.m. and concluded at 4:37 p.m.. (Court Reporter Y. Heinze.) (Law Clerk: C. Clevidence, L. Vining, J. Olsen), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR) [Transferred from Montana on 9/9/2022.] |
|
Filing 95
ORDER granting #94 Motion for counsel Kristofor Swanson and Benjamin Grillot to appear via Zoom at the June 9, 2022, summary judgment hearing. Zoom information emailed to counsel. Signed by Judge Brian Morris on 6/8/2022. (KAH) [Transferred from Montana on 9/9/2022.]
|
| Filing 94 Unopposed MOTION for certain counsel to appear virtually at June 8 hearing Kristofor R. Swanson appearing for Defendants Scott A. Spellmon, U.S. Army Corps of Engineers (Attachments: #1 Text of Proposed Order) (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
|
Filing 93
ORDER granting #92 IT IS HEREBY ORDERED that the Intervenor- Defendants motion is GRANTED. Counsel for State of Montana may appear by ZOOM and will contact the Clerk of Courts office for the ZOOM link. Zoom information emailed to counsel. Signed by Judge Brian Morris on 6/8/2022. (KAH) Modified on 6/8/2022 to update zoom info (KAH). [Transferred from Montana on 9/9/2022.]
|
| Filing 92 Unopposed MOTION for Leave to Appear telephonically or video conference for June 9, 2022 Motion Hearing Kathleen L. Smithgall appearing for Intervenor Defendant State of Montana (Attachments: #1 Text of Proposed Order Proposed Order) (Smithgall, Kathleen) [Transferred from Montana on 9/9/2022.] |
| Filing 91 NOTICE by Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance of Supplemental Authority (Attachments: #1 Supplemental Authority) (Hayes, Douglas) [Transferred from Montana on 9/9/2022.] |
|
Filing 90
ORDER: Counsel for Amicus the Chamber of Commerce of the United States of America move to appear telephonically or by video conference for the hearing in this matter at 2:30 pm on June 9, 2022. No party is opposed to the motion. For good cause shown, IT IS HEREBY ORDERED that Amicuss motion is GRANTED. Counsel for Amicus may appear by ZOOM and will contact the Clerk of Court's Office for the ZOOM link. Zoom link emailed to requesting counsel this date. Signed by Judge Brian Morris on 6/6/2022. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 89 Unopposed MOTION for Leave to Appear Telephonically or via Video Conference Rachel H. Parkin appearing for Amicus Chamber of Commerce of the United States of America (Attachments: #1 Text of Proposed Order) (Parkin, Rachel) [Transferred from Montana on 9/9/2022.] |
|
Filing 88
ORDER granting #87 The Court hereby GRANTS the motion. Karma Brown, counsel for the Coalition, may appear by ZOOM at the hearing scheduled on June 9, 2022. Karma Brown will contact the Clerk of Court's Officefor the ZOOM link. Signed by Judge Brian Morris on 6/6/2022. (KAH) Modified on 6/6/2022 to reflect Zoom information emailed to Counsel Brown this date. (SLR). [Transferred from Montana on 9/9/2022.]
|
| Filing 87 Unopposed MOTION to Appear by Video Conference or Telephone Karma B. Brown appearing for Intervenor Defendants American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America (Attachments: #1 Text of Proposed Order) (Brown, Karma) [Transferred from Montana on 9/9/2022.] |
|
Filing 86
TEXT ORDER Re-Setting Hearing on Motion #44 MOTION for Summary Judgment , #61 Cross MOTION for Summary Judgment , #66 Cross MOTION for Summary Judgment : IT IS HEREBY ORDERED that th Motion Hearing is reset for 6/9/2022 at 02:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/2/2022. (SLL) [Transferred from Montana on 9/9/2022.]
|
|
Filing 85
ORDER granting #84 IT IS HEREBY ORDERED that Plaintiffs motion is GRANTED. Mr. Bechtold may appear BY ZOOM at the hearing. Mr. Bechtold will contact the Clerk of Court's Office for the ZOOM link. Signed by Judge Brian Morris on 6/1/2022. (KAH) Modified on 6/1/2022 to reflect zoom information emailed to counsel (KAH). [Transferred from Montana on 9/9/2022.]
|
| Filing 84 Unopposed MOTION Appear Telephonically Timothy M. Bechtold appearing for Plaintiffs Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance (Attachments: #1 Proposed Order) (Bechtold, Timothy) [Transferred from Montana on 9/9/2022.] |
| Filing 83 Brief/Memorandum in Support re #61 Cross MOTION for Summary Judgment filed by State of Montana. (Smithgall, Kathleen) [Transferred from Montana on 9/9/2022.] |
| Filing 82 REPLY to Response to Motion re #66 Cross MOTION for Summary Judgment filed by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America. (Brown, Karma) [Transferred from Montana on 9/9/2022.] |
| Filing 81 REPLY to Response to Motion re #61 Cross MOTION for Summary Judgment filed by Scott A. Spellmon, U.S. Army Corps of Engineers. (Attachments: #1 Affidavit Hughes Declaration, #2 Affidavit Reusch Declaration) (Grillot, Benjamin) Modified on 5/23/2022 to reflect counsel Grillot was contacted regarding pages 214-247 being blacked out. He confirmed these pages were redacted and should be blank. (MMS). [Transferred from Montana on 9/9/2022.] |
|
Filing 80
ORDER: Upon Federal Defendants #79 motion for the word count limit of 8500 words, for their reply brief in support of their cross motion for summary judgment. Accordingly, Federal Defendants shall file a reply brief with no more than 8500 words. Signed by Judge Brian Morris on 5/16/2022. (ACC) [Transferred from Montana on 9/9/2022.]
|
| Filing 79 Unopposed MOTION for Leave to File Reply Brief of 8500 Words Coby Howell appearing for Defendants Scott A. Spellmon, U.S. Army Corps of Engineers (Attachments: #1 Text of Proposed Order) (Howell, Coby) [Transferred from Montana on 9/9/2022.] |
| Filing 78 REPLY to Response to Motion re #44 MOTION for Summary Judgment , #61 Cross MOTION for Summary Judgment , #66 Cross MOTION for Summary Judgment and Response to Defendant's Cross Motions filed by Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance. (Attachments: #1 Affidavit Second Declaration of Brett Hartl, #2 Affidavit Second Declaration of Martin Hamel, #3 Affidavit Declaration of Douglas Hayes, #4 Exhibit Exhibit A (Keystone XL Verification), #5 Exhibit Exhibit B (Byron Pipeline Verification)) (Hayes, Douglas) [Transferred from Montana on 9/9/2022.] |
|
Filing 77
ORDER granting #76 Motion for Leave to File Combine Summary Judgment Response/Reply Brief. Plaintiffs may file no later than April 29, 2022. Signed by Judge Brian Morris on 4/14/2022. (MMS) [Transferred from Montana on 9/9/2022.]
|
| Filing 76 Unopposed MOTION for Leave to File Combined Response/Reply Brief Douglas P. Hayes appearing for Plaintiff Sierra Club (Hayes, Douglas) [Transferred from Montana on 9/9/2022.] |
| Filing 75 NOTICE of Acknowledgment of Pro Hac Vice Order by Edison Electric Institute re #59 Order on Motion to Appear Pro Hac Vice, (Jackson, Thomas) [Transferred from Montana on 9/9/2022.] |
| Filing 74 NOTICE of Acknowledgment of Pro Hac Vice Order by Chamber of Commerce of the United States of America filed by Corinne Snow (Snow, Corinne) [Transferred from Montana on 9/9/2022.] |
| Filing 73 NOTICE of Acknowledgment of Pro Hac Vice Order by Chamber of Commerce of the United States of America re #71 Order on Motion to Appear Pro Hac Vice,,,,, filed by Brandon Tuck (Tuck, Brandon) [Transferred from Montana on 9/9/2022.] |
| Filing 72 Amicus Brief filed by Chamber of Commerce of the United States of America. (Parkin, Rachel) [Transferred from Montana on 9/9/2022.] |
|
Filing 71
ORDER granting #69 Motion to Appear Pro Hac Vice NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here.; granting #70 Motion to Appear Pro Hac Vice NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 4/19/2022. Signed by Judge Brian Morris on 4/4/2022. (TLO) [Transferred from Montana on 9/9/2022.]
|
| Filing 70 First MOTION Brandon Tuck to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2845516.) Rachel H. Parkin appearing for Amicus Chamber of Commerce of the United States of America (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order) (Parkin, Rachel) [Transferred from Montana on 9/9/2022.] |
| Filing 69 First MOTION Corinne Snow to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2845399.) Rachel H. Parkin appearing for Amicus Chamber of Commerce of the United States of America (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order) (Parkin, Rachel) [Transferred from Montana on 9/9/2022.] |
| Filing 68 Amicus Brief filed by Edison Electric Institute. (Thompson, Brian) [Transferred from Montana on 9/9/2022.] |
| Filing 67 Brief/Memorandum in Support re #66 Cross MOTION for Summary Judgment filed by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America. (Brown, Karma) [Transferred from Montana on 9/9/2022.] |
| Filing 66 Cross MOTION for Summary Judgment Karma B. Brown appearing for Intervenor Defendants American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America (Brown, Karma) [Transferred from Montana on 9/9/2022.] |
| Filing 65 RESPONSE to Motion re #44 MOTION for Summary Judgment filed by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America. (Brown, Karma) [Transferred from Montana on 9/9/2022.] |
| Filing 64 Brief/Memorandum in Support re #61 Cross MOTION for Summary Judgment filed by State of Montana. (Attachments: #1 Exhibit DEQ Letter, #2 Dec of Jon Kenning) (Smithgall, Kathleen) [Transferred from Montana on 9/9/2022.] |
|
Filing 63
ORDER granting #49 Motion for The Chamber of Commerce of the United States of America to file an Amicus Brief. Signed by Judge Brian Morris on 3/28/2022. (ACC) [Transferred from Montana on 9/9/2022.]
|
| Filing 62 Brief/Memorandum in Support re #61 Cross MOTION for Summary Judgment filed by Scott A. Spellmon, U.S. Army Corps of Engineers. (Attachments: #1 Joyce Declaration, #2 Moyer Declaration) (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
| Filing 61 Cross MOTION for Summary Judgment Kristofor R. Swanson appearing for Defendants Scott A. Spellmon, U.S. Army Corps of Engineers (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
| Filing 60 RESPONSE to Motion re #44 MOTION for Summary Judgment filed by Scott A. Spellmon, U.S. Army Corps of Engineers. (Attachments: #1 Joyce Declaration, #2 Moyer Declaration) (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
|
Filing 59
ORDER granting #58 Motion to Appear Pro Hac Vice for Attorney Thomas C. Jackson for Edison Electric Institute. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Signed by Judge Brian Morris on 3/24/2022. (ACC) [Transferred from Montana on 9/9/2022.]
|
| Filing 58 MOTION Thomas C. Jackson to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2838916.) Brian P. Thompson appearing for Amicus Edison Electric Institute (Attachments: #1 Declaration of Thomas Jackson, #2 proposed Order) (Thompson, Brian) [Transferred from Montana on 9/9/2022.] |
|
Filing 57
ORDER GRANTING EDISON ELECTRIC INSTITUTE TO FILE AN AMICUS BRIEF: Edison Electric Institute (EEI) filed a motion for leave to file an amicus brief in support of Federal Defendants. Based on the motions description of information that would be provided in the proposed amicus brief, the Court finds that the amicus brief would provide useful information that has not been provided to the Court by the parties. No parties oppose the motion. IT IS HEREBY ORDERED that EEIs motion for leave to file an amicus brief is GRANTED. Signed by Judge Brian Morris on 3/21/2022. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 56 Corporate Disclosure Statement by Edison Electric Institute. (TLO) [Transferred from Montana on 9/9/2022.] |
| Filing 55 UNOPPOSED MOTION for Leave for Edison Electric Institute to File an Amicus Brief; Steven T. Wade, Brian P. Thompson, Thomas C. Jackson appearing for Intervenor (Attachments: #1 Text of Proposed Order) (TLO) [Transferred from Montana on 9/9/2022.] |
|
Filing 54
ORDER Before the Court is Federal Defendants' Motion #53 for Extension of Time to File Cross-Motion and Response (re: ECF No. 48). Having considered the motion, and good cause being shown, the motion is GRANTED. The scheduling order #48 is hereby amended and the Federal Defendants' Cross-Motion and Response is now due on March 25, 2022. Signed by Judge Brian Morris on 3/15/2022. (KAH) [Transferred from Montana on 9/9/2022.]
|
| Filing 53 MOTION for Extension of Time to File Cross-Motion and Response Benjamin James Grillot appearing for Defendants Scott A. Spellmon, U.S. Army Corps of Engineers (Attachments: #1 Text of Proposed Order) (Grillot, Benjamin) [Transferred from Montana on 9/9/2022.] |
| Filing 52 NOTICE of Acknowledgment of Pro Hac Vice Order by Chamber of Commerce of the United States of America re #50 Order on Motion to Appear Pro Hac Vice, for Ronald J. Tenpas (Tenpas, Ronald) [Transferred from Montana on 9/9/2022.] |
|
Filing 51
TEXT ORDER Setting Hearing on Motion #44 MOTION for Summary Judgment : Motion Hearing is set for 6/6/2022 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/8/2022. (SLL) [Transferred from Montana on 9/9/2022.]
|
|
Filing 50
ORDER granting #49 Motion to Admit Attorney Ronald J. Tenpas Pro Hac Vice for Chamber of Commerce of the United States of America. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 3/18/2022. Signed by Judge Brian Morris on 3/3/2022. (TLO) [Transferred from Montana on 9/9/2022.]
|
| Filing 49 MOTION for Leave to File Amicus Brief Rachel H. Parkin appearing for Interested Party Chamber of Commerce of the United States of America. (Attachments: #1 Corporate Disclosure Statement, #2 Motion for Admission Pro Hac Vice of Ronald J. Tenpas, #3 Affidavit of Ronald J. Tenpas, #4 Text of Proposed Order - Pro Hac Vice Ronald J. Tenpas - receipt #MTX400015834 for $262.00) (ACC) Modified on 3/3/2022 to unterm motion to file Amicus Brief (TLO). [Transferred from Montana on 9/9/2022.] |
| Remark; left message for cnsl Parkin to call clerks office to make payment for PHV Motion #49 re counsel Tenpas (TLO) [Transferred from Montana on 9/9/2022.] |
|
Filing 48
ORDER AMENDING THE SCHEDULING ORDER: Before the Court is Federal Defendants #47 Unopposed Motion to Amend Scheduling Order (ECF No. 31). Having considered the motion, and good cause being shown, the motion is GRANTED. The scheduling order (Doc. 31) is amended as follows: SEE ORDER FOR DEADLINES. Signed by Judge Brian Morris on 2/16/2022. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 47 Unopposed MOTION to Amend/Correct #31 Case Management Order: Benjamin James Grillot appearing for Defendants Scott A. Spellmon, U.S. Army Corps of Engineers (Attachments: #1 Text of Proposed Order) (Grillot, Benjamin) Modified on 2/16/2022 to clean up text. (SLR). [Transferred from Montana on 9/9/2022.] |
| Filing 46 NOTICE by Scott A. Spellmon, U.S. Army Corps of Engineers re #35 Notice (Other) Filing Additional Administrative Record Document (Attachments: #1 Certifying Declaration, #2 Index, #3 Additional Record Document) (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
| Filing 45 Brief/Memorandum in Support re #44 MOTION for Summary Judgment filed by Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance. (Attachments: #1 Collentine Declaration, #2 Estrin Declaration, #3 Hamel Declaration, #4 Hartl Declaration, #5 Hedges Declaration, #6 Krum Declaration, #7 Midkiff Declaration, #8 Templeton Declaration) (Bechtold, Timothy) [Transferred from Montana on 9/9/2022.] |
| Filing 44 MOTION for Summary Judgment Timothy M. Bechtold appearing for Plaintiffs Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance (Bechtold, Timothy) [Transferred from Montana on 9/9/2022.] |
|
Filing 43
ORDER: IT IS ORDERED that Plaintiff's #37 Motion to compel completion of the administrative record is GRANTED, IN PART, AND DENIED, IN PART. Federal Defendants' #39 Motion to vacate the case management order is DENIED AS MOOT. SEE ORDER FOR DETAILS. Signed by Judge Brian Morris on 2/2/2022. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 42 RESPONSE to Motion re #37 MOTION to Compel Completion of the Administrative Record filed by Scott A. Spellmon, U.S. Army Corps of Engineers. (Attachments: #1 Affidavit Olson Decl., #2 Affidavit Swanson Decl.) (Howell, Coby) [Transferred from Montana on 9/9/2022.] |
| Filing 41 REPLY to Response to Motion re #39 MOTION to Vacate #31 Case Management Order,,,, Terminate Motions,,, filed by Scott A. Spellmon, U.S. Army Corps of Engineers. (Howell, Coby) [Transferred from Montana on 9/9/2022.] |
| Filing 40 RESPONSE to Motion re #39 MOTION to Vacate #31 Case Management Order,,,, Terminate Motions,,, filed by Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance. (Margolis, Jared) [Transferred from Montana on 9/9/2022.] |
| Filing 39 MOTION to Vacate #31 Case Management Order,,,, Terminate Motions,,, Benjamin James Grillot appearing for Defendants Scott A. Spellmon, U.S. Army Corps of Engineers (Attachments: #1 Text of Proposed Order Proposed Order) (Grillot, Benjamin) [Transferred from Montana on 9/9/2022.] |
| Filing 38 Brief/Memorandum in Support re #37 MOTION to Compel Completion of the Administrative Record filed by Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance. (Attachments: #1 Declaration of Jared Margolis, #2 Exhibit A (2020 Comment Letter), #3 Exhibit B (2016 Sierra Club Comments), #4 Exhibit C (Wetland Conversion Effects), #5 Exhibit D (USDA Forested Wetlands), #6 Exhibit E (Study of Frac-Outs), #7 Exhibit F (Stockton HDD eBook), #8 Exhibit G (Pipeline Impacts to Water Quality)) (Margolis, Jared) [Transferred from Montana on 9/9/2022.] |
| Filing 37 MOTION to Compel Completion of the Administrative Record Jared Michael Margolis appearing for Plaintiffs Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance (Margolis, Jared) [Transferred from Montana on 9/9/2022.] |
| Filing 36 NOTICE of Substitution of Counsel by State of Montana (Smithgall, Kathleen) [Transferred from Montana on 9/9/2022.] |
| Remark: Administrative Record from U.S. Army Corps of Engineers received by Clerk's Office on two USB flash drives. One USB delivered to Chambers; the other retained in Clerk's Office. (SLR) [Transferred from Montana on 9/9/2022.] |
| Filing 35 NOTICE by Scott A. Spellmon, U.S. Army Corps of Engineers Notice of Filing Administrative Record (Attachments: #1 Affidavit Certification of Administrative Record, #2 Exhibit Index of Administrative Record) (Grillot, Benjamin) [Transferred from Montana on 9/9/2022.] |
| Filing 34 NOTICE of Appearance by Coby Howell on behalf of All Defendants (Howell, Coby) [Transferred from Montana on 9/9/2022.] |
| Filing 33 NOTICE of Appearance by Benjamin James Grillot on behalf of All Defendants (Grillot, Benjamin) [Transferred from Montana on 9/9/2022.] |
|
Filing 32
TEXT Order Vacating: Upon the Parties Joint Case Management Plan and the Court's Scheduling Order filed on October, 7, 2021. IT IS HEREBY ORDERED that the Telephonic Preliminary Pretrial Conference set for October 13, 2021 is VACATED. Signed by Judge Brian Morris on 10/12/2021. (SLL) [Transferred from Montana on 9/9/2022.]
|
|
Filing 31
ORDER RE JOINT CASE MANAGEMENT PLAN: On October 6, 2021, the parties filed a Joint Case Management Plan. For good cause shown in that document, the Court hereby orders as follows: 1) The Court enters the following scheduling order: SEE ORDER FOR ALL DEADLINES. 2) The parties request for an expansion of the word limits set forth in Local Rule 7.1(d) for the briefing set forth above is granted as follows: Plaintiffs motion for summary judgment 13,000 words; Federal Defendants and Defendant-Intervenors cross-motions/responses 13,000 words each. Following the submission of these briefs, the parties will propose word limits for the remaining briefs, including the possibility that Plaintiffs would file a single consolidated response brief. Signed by Judge Brian Morris on 10/7/2021. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 30 JOINT CASE MANAGEMENT PLAN by Center for Biological Diversity, Friends of the Earth, Montana Environmental Information Center, Sierra Club, Waterkeeper Alliance. (Hayes, Douglas) Modified on 10/7/2021 to change event to "stipulated motion". (SLR). [Transferred from Montana on 9/9/2022.] |
|
Filing 29
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 10/6/2021. Joint Discovery Plan due by 10/6/2021. Statement of Stipulated Facts due by 10/6/2021. Telephonic Pretrial Conference set for 10/13/2021 at 04:00 PM in Great Falls, MT before Judge Brian Morris. SEE ORDER FOR FULL DETAILS, ALL DEADLINES, AND CALL-IN INFORMATION. Signed by Judge Brian Morris on 9/7/2021. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 28 ANSWER to #1 Complaint by Scott A. Spellmon, U.S. Army Corps of Engineers. (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
| Filing 27 NOTICE of Acknowledgment of Pro Hac Vice Order by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America re #25 Order on Motion to Appear Pro Hac Vice,,, for Karma B. Brown (Brown, Karma) [Transferred from Montana on 9/9/2022.] |
| Filing 26 NOTICE of Acknowledgment of Pro Hac Vice Order by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America re #25 Order on Motion to Appear Pro Hac Vice,,, for Deidre G. Duncan (Duncan, Deidre) [Transferred from Montana on 9/9/2022.] |
|
Filing 25
ORDER: IT IS ORDERED: Int. Def.s motions to allow Ms. Brown and Ms. Duncan to appear on their behalf (Docs. 21 and 22) are GRANTED, subject to the following conditions: SEE ORDER FOR FULL DETAILS AND ACKNOWLEDGMENT DEADLINE. Counsel Brown and Duncan are registered CM/ECF users. Acknowledgment of PHV Order due by 9/15/2021. Signed by Judge Brian Morris on 8/31/2021. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 24 ANSWER to #1 Complaint by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America. (MMS) [Transferred from Montana on 9/9/2022.] |
| Filing 22 MOTION Deidre G. Duncan to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2719635.) Brianne C. McClafferty appearing for Intervenor Defendants American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America (Attachments: #1 Affidavit Affidavit of Deidre Duncan (Pro Hac Vice), #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission of Deidre Duncan) (McClafferty, Brianne) [Transferred from Montana on 9/9/2022.] |
| Filing 21 MOTION Karma B. Brown to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2719619.) Brianne C. McClafferty appearing for Intervenor Defendants American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America (Attachments: #1 Affidavit of Karma Brown (Pro Hac Vice), #2 Text of Proposed Order Proposed Order Granting Admission Karma Brown Pro Hac Vice) (McClafferty, Brianne) [Transferred from Montana on 9/9/2022.] |
|
Filing 20
TEXT ORDER granting #18 Motion to Intervene. IT IS HEREBY ORDERED that the Motion to Intervene is GRANTED. The Answer, Doc. 18-1 is deemed filed. The Motions to Proceed Pro Hac Vice, attached to the Motion to Intervene, Docs. 18-2 and 18-3, need to be filed separate, and the fees paid for each. Signed by Judge Brian Morris on 8/31/2021. (SLL) [Transferred from Montana on 9/9/2022.]
|
| Filing 19 Memorandum in Support re #18 MOTION to Intervene filed by American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America. (ACC) [Transferred from Montana on 9/9/2022.] |
| Filing 18 MOTION to Intervene William W. Mercer, Brianne C. McClafferty appearing for Interested Parties American Gas Association, American Petroleum Institute, American Public Gas Association, Association of Oil Pipe Lines, Interstate Natural Gas Association of America (Attachments: #1 Proposed Answer, #2 Proposed Motion admit Pro Hac Vice Counsel Deidre Duncan, #3 Proposed Motion admit Pro Hac Vice Counsel Karma Brown) (ACC) [Transferred from Montana on 9/9/2022.] |
|
Filing 17
ORDER: Before the Court is Federal Defendants motion for a sixty-day extension of time to answer or otherwise respond to the Complaint. Plaintiffs and Defendant-Intervener consent to the extension. Having considered the motion, and good cause being shown, the motion is hereby GRANTED. Federal Defendants shall answer or otherwise respond to the Complaint no later than September 7, 2021. Signed by Judge Brian Morris on 7/6/2021. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 16 ERRATA #15 Consent MOTION for Extension of Time to File Answer re #1 Complaint correcting pleading title to "Unopposed Motion". (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
| Filing 15 Consent MOTION for Extension of Time to File Answer re #1 Complaint Kristofor R. Swanson appearing for Defendants Scott A. Spellmon, U.S. Army Corps of Engineers (Attachments: #1 Text of Proposed Order) (Swanson, Kristofor) [Transferred from Montana on 9/9/2022.] |
| Filing 23 ANSWER OF INTERVENOR-APPLICANT STATE OF MONTANA TO CENTER FOR BIOLOGICAL DIVERSITY'S, ET AL to #1 Complaint. (MMS) [Transferred from Montana on 9/9/2022.] |
|
Filing 14
ORDER: The State of Montana has filed an #12 unopposed motion for leave to intervene.IT IS ORDERED that the State of Montana's request for leave to intervene is GRANTED. Signed by Judge Brian Morris on 6/7/2021. (ACC) [Transferred from Montana on 9/9/2022.]
|
| Filing 13 Brief/Memorandum in Support re #12 MOTION to Intervene filed by State of Montana. (MMS) [Transferred from Montana on 9/9/2022.] |
| Filing 12 MOTION to Intervene Jeremiah R. Langston appearing for Interested Party State of Montana (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Answer) (MMS) [Transferred from Montana on 9/9/2022.] |
| Filing 11 NOTICE of Acknowledgment of Pro Hac Vice Order by Montana Environmental Information Center, Sierra Club for Douglas Hayes (Hayes, Douglas) [Transferred from Montana on 9/9/2022.] |
|
Filing 10
ORDER granting #7 Motion to Appear Pro Hac Vice for Attorney Douglas P. Hayes for Center for Biological Diversity. Counsel Hayes is a registered electronic user. Acknowledgment of PHV Order due by 5/27/2021. Signed by Judge Brian Morris on 5/12/2021. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 9 NOTICE of Acknowledgment of Pro Hac Vice Order by Center for Biological Diversity, Friends of the Earth (Glitzenstein, Eric) [Transferred from Montana on 9/9/2022.] |
| Filing 8 NOTICE of Acknowledgment of Pro Hac Vice Order by Center for Biological Diversity (Margolis, Jared) [Transferred from Montana on 9/9/2022.] |
| Filing 7 MOTION Douglas Hayes to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2663718.) Timothy M. Bechtold appearing for Plaintiffs Montana Environmental Information Center, Sierra Club (Attachments: #1 Proposed Order, #2 Hayes Affidavit) (Bechtold, Timothy) [Transferred from Montana on 9/9/2022.] |
|
Filing 6
ORDER granting #4 Motion to Appear Pro Hac Vice - Eric R. Glitzenstein. Acknowledgment of PHV Order due by 5/26/2021. Counsel Glitzenstein is a registered electronic user. Signed by Judge Brian Morris on 5/11/2021. (SLR) [Transferred from Montana on 9/9/2022.]
|
|
Filing 5
ORDER granting #3 Motion to Appear Pro Hac Vice - Jared M. Margolis. Acknowledgment of PHV Order due by 5/26/2021. Counsel Margolis is a registered electronic user. Signed by Judge Brian Morris on 5/11/2021. (SLR) [Transferred from Montana on 9/9/2022.]
|
| Filing 4 MOTION Eric Glitzenstein to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2662600.) Timothy M. Bechtold appearing for Plaintiffs Center for Biological Diversity, Friends of the Earth, Waterkeeper Alliance (Attachments: #1 Proposed Order, #2 EG Affidavit) (Bechtold, Timothy) [Transferred from Montana on 9/9/2022.] |
| Filing 3 MOTION Jared Margolis to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2662598.) Timothy M. Bechtold appearing for Plaintiffs Center for Biological Diversity, Friends of the Earth, Waterkeeper Alliance (Attachments: #1 Proposed Order, #2 Margolis Affidavit) (Bechtold, Timothy) [Transferred from Montana on 9/9/2022.] |
| Filing 2 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Issued Summons - Civil Process Clerk, #2 Issued Summons - Lieutenant General Scott Spellman, #3 Issued Summons - U.S. Army Corps of Engineers)Counsel is directed to download and print the summons for service (ACC) [Transferred from Montana on 9/9/2022.] |
| Filing 1 COMPLAINT against All Defendants, filed by Center for Biological Diversity, Sierra Club, Friends of the Earth, Waterkeeper Alliance, Montana Environmental Information Center. (Attachments: #1 Civil Cover Sheet) (ACC) [Transferred from Montana on 9/9/2022.] |
| Filing fee: $ 402.00, receipt number 0977-2658237 (ACC) [Transferred from Montana on 9/9/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the District Of Columbia District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
