POWDER RIVER BASIN RESOURCE COUNCIL et al v. DEPARTMENT OF THE INTERIOR et al
| POWDER RIVER BASIN RESOURCE COUNCIL and WESTERN WATERSHEDS PROJECT |
| DEPARTMENT OF THE INTERIOR and U.S. DEPARTMENT OF INTERIOR |
| STATE OF WYOMING, PETROLEUM ASSOCIATION OF WYOMING and ANSCHUTZ EXPLORATION CORPORATION |
| U.S. BUREAU OF LAND MANAGEMENT and US DEPT OF INTERIOR |
| CONTINENTAL RESOURCES, INC. and Devon Energy Production Company, L.P. |
| 1:2022cv02696 |
| September 7, 2022 |
| US District Court for the District of Columbia |
| Tanya S Chutkan |
| Environmental Matters |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on January 18, 2024. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Status Report due by 12/1/2023. (znbn)
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MINUTE ORDER: The parties shall meet and confer and file a Joint Status Report by December 1, 2023, stating their position(s) on whether #100 Motion to Consider Extra-Record Evidence is now moot. To the extent the parties request a change to the status quo, the status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/07/23. (lce)
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Filing 108
ORDER: DENYING #68 Private-Intervenors' Joint Motion to Transfer and DENYING as moot #66 Private-Intervenors' Joint Motion to Transfer. Signed by Judge Tanya S. Chutkan on 11/06/23. (lce)
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Filing 107
ORDER: GRANTING in part and DENYING in part #67 Private-Intervenors' Joint Motion to Dismiss. Signed by Judge Tanya S. Chutkan on 11/06/23. (lce)
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Filing 106
ORDER: DENYING #64 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 11/06/23. (lce)
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Filing 105
MEMORANDUM OPINION re: #64 Plaintiffs' Motion for a Preliminary Injunction; #68 Private-Intervenor's Motion to Transfer; and #67 Private-Intervenors' Motion to Dismiss. Signed by Judge Tanya S. Chutkan on 11/06/23. (lce)
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MINUTE ORDER: DENYING as moot #96 Motion for Hearing re #64 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 11/06/23. (lce)
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Filing 104
PROPOSED BRIEFING SCHEDULE by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Text of Proposed Order)(Stellberg, Sarah)
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Filing 103
REPLY to opposition to motion re #100 MOTION TO CONSIDER EXTRA-RECORD EVIDENCE filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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Filing 102
Memorandum in opposition to re #100 Motion for Miscellaneous Relief,, filed by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Robertson, Michael)
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Filing 101
Memorandum in opposition to re #100 Motion for Miscellaneous Relief,, (to Consider Extra-Record Evidence) filed by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Leggette, L.)
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Filing 100
MOTION TO CONSIDER EXTRA-RECORD EVIDENCE by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A - Decision and EA for Laramie Project, #4 Exhibit B - Decision and EA for La Sal Project, #5 Exhibit C - Decision and EA for Harper Project, #6 Exhibit D - Decision and EA for Tabor Project, #7 Exhibit E - Decision and EA for Alta Vista Slaughterhouse Project)(Stellberg, Sarah)
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Filing 99
TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Tanya S. Chutkan held on July 14, 2023; Page Numbers: 1-61. Date of Issuance:July 26, 2023. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, 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 referenced 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 8/16/2023. Redacted Transcript Deadline set for 8/26/2023. Release of Transcript Restriction set for 10/24/2023.(Moreira, Lisa)
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Filing 98
NOTICE of Correction by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR (Robertson, Michael)
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Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 7/14/2023 re Motion #64 for Preliminary Injunction. Motion heard and taken under advisement. (Court Reporter: Lisa Moreira) (zcdw)
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Set/Reset Deadlines/Hearings: Motions to Complete or Supplement the Converse County ROD & EIS AR due by 7/28/2023. Responses due by 8/25/2023. Replies due by 9/8/2023. (zcdw)
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MINUTE ORDER: Plaintiff's #97 Unopposed Motion for Extension of Time is hereby GRANTED for good cause shown. The Court's March 8, 2023, Scheduling Order is hereby AMENDED as follows: Motions to Complete or Supplement the Converse County ROD & EIS AR are due July 28, 2023; Responses in Opposition to Motions to Complete or Supplement the Converse County ROD & EIS AR are due August 25, 2023; and Replies in Support of Motions to Complete or Supplement the Converse County ROD & EIS AR are due September 8, 2023. Signed by Judge Tanya S. Chutkan on 7/13/2023. (lcja)
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Filing 97
Unopposed MOTION for Extension of Time to Confer and File Motions on Stage One Administrative Record by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Text of Proposed Order)(Goldblatt, Hannah)
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MINUTE ORDER: At the Preliminary Injunction Hearing set for July 14, 2023 at 2 PM, the parties shall be prepared to argue the following issues, within the set parameters: (i) Private Defendant-Intervenors and Plaintiffs are each allotted 10 minutes to argue standing, and Defendants are allotted 5 minutes to argue standing; and (ii) Plaintiffs and Defendants are each allotted 15 minutes to argue for and against Plaintiffs' Motion for Preliminary Injunction, and Private Defendant-Intervenors and the State of Wyoming are each allotted 5 minutes to argue against the Motion for Preliminary Injunction. Further, the parties shall be prepared answer the Court's questions, and the court, in its discretion, shall extend or shorten a parties' allotted time as necessary to ventilate the salient issues in this action. This hearing is scheduled to last no longer than 1 hour and 15 minutes. Signed by Judge Tanya S. Chutkan on 7/03/2023. (lcja)
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MINUTE ORDER: Defendant-Intervenor's #96 Motion for Hearing is hereby HELD in ABEYANCE until the Preliminary Injunction Hearing set for July 14, 2023 at 2 PM. At this time, Defendant-Intervenors have not shown, and the court does not find, that "there are genuine issues of material fact raised in opposition to [the] motion for preliminary injunction" such that "an evidentiary hearing is required." Cobell v. Norton, 391 F.3d 251, 261 (D.C. Cir. 1984). After the court hears legal argument from the parties at the Preliminary Injunction Hearing, it will consider whether an evidentiary hearing "outweigh[s]... considerations of undue delay, waste of time, or needless presentation of cumulative evidence," or if the motion can be decided "without live testimony." Local Civ. Rule 65.1. Signed by Judge Tanya S. Chutkan on 6/26/2023. (lcja)
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Filing 96
MOTION for Hearing re #95 Status Report, #64 MOTION for Preliminary Injunction by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Leggette, L.)
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Filing 95
Joint STATUS REPORT by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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MINUTE ORDER: Upon consideration of the parties' #95 Joint Status Report, it is hereby ORDERED that a hearing on Plaintiffs' Motion for a Preliminary Injunction is set for July 14, 2023, at 2 PM. The hearing will be limited to legal argument. See Local Civ. Rule 65.1 ("[t]he practice in this jurisdiction is to decide preliminary injunction motions without live testimony where possible.... The Court may decline to hear witnesses at the hearing where the need for live testimony is outweighed by considerations of undue delay, waste of time, or needless presentation of cumulative evidence."). The parties shall be prepared to answer questions from the Court regarding Plaintiffs' motion, as well as to support their respective arguments regarding Plaintiffs' standing to challenge the 2020 Converse County Record of Decision and the subsequently approved Applications for Permits to Drill. Signed by Judge Tanya S. Chutkan on 6/12/2023. (lcja)
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Set/Reset Deadlines: Attorney Meet and Confer by 6/12/2023. (nbn)
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MINUTE ORDER: No later than June 12 at 12 PM, the parties are hereby ORDERED to meet, confer, and propose dates and times for a hearing on Plaintiffs' Preliminary Injunction, ECF No. #64 . The Court is available for an in-person hearing on the following days: June 22 at 3 PM, June 23 at 3 PM, June 26 between 11 AM and 2 PM, July 3 between 10 AM and 3 PM, July 12 at 3:30 PM, July 14 between 10 AM and 3 PM, and July 21 between 10 AM and 3 PM. Signed by Judge Tanya S. Chutkan on 6/06/2023. (lcja)
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Filing 94
REPLY to opposition to motion re #69 MOTION for Partial Summary Judgment filed by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Attachments: #1 Exhibit 1)(Leggette, L.)
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Filing 93
REPLY to opposition to motion re #67 Joint MOTION to Dismiss filed by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Attachments: #1 Supplement Anschutz Exploration Corporations Reply Addendum in Support of Defendants-Intervenors Joint Motion to Dismiss, #2 Exhibit A)(Leggette, L.)
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Filing 92
REPLY to opposition to motion re #68 Joint MOTION to Transfer Case Motion to Transfer Venue Defendants-Intervenors Reply in Support of Motion to Transfer Venue filed by ANSCHUTZ EXPLORATION CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lillie, Andrew)
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Filing 91
REPLY to opposition to motion re #64 MOTION for Preliminary Injunction filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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Filing 90
REPLY to opposition to motion re #70 MOTION to Dismiss Crossclaim filed by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Robertson, Michael)
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Filing 89
REPLY to opposition to motion re #65 MOTION to Dismiss Continental and Devon's Counterclaim and Crossclaim filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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MINUTE ORDER: Plaintiffs' #88 Motion for Leave to File Excess Pages is GRANTED. Signed by Judge Tanya S. Chutkan on 5/26/2023. (lcja)
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Filing 88
MOTION for Leave to File Excess Pages by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Text of Proposed Order)(Goldblatt, Hannah)
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Filing 87
RESPONSE re #69 MOTION for Partial Summary Judgment filed by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Robertson, Michael)
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Filing 86
RESPONSE re #67 Joint MOTION to Dismiss filed by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Robertson, Michael)
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Filing 85
Memorandum in opposition to re #68 Motion to Transfer Case, #66 Motion to Transfer Case filed by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Robertson, Michael)
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Filing 84
Memorandum in opposition to re #69 Motion for Partial Summary Judgment filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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Filing 83
Memorandum in opposition to re #64 Motion for Preliminary Injunction,,,, filed by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Exhibit 1. Declaration of Amelia Savage, #2 Exhibit 2. Casper RMP, #3 Exhibit 3. Converse County DEIS through Chapter 2, #4 Exhibit 4. Converse County SDEIS, #5 Exhibit 5. Converse County FEIS Appendix G, #6 Text of Proposed Order)(Robertson, Michael)
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Filing 82
Memorandum in opposition to re #68 Motion to Transfer Case filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Declaration of Hannah Goldblatt, #2 Exhibit A - Letter from MacGregor to Kudlow, #3 Exhibit B - Joe Balash Calendar, #4 Exhibit C - Converse FOIA records)(Stellberg, Sarah)
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Filing 81
Memorandum in opposition to re #67 Motion to Dismiss filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Declaration of Sarah Stellberg, #2 Exhibit A - June 13, 2022 Comment Letter, #3 Exhibit B - July 15, 2022 Comment Letter, #4 Exhibit C - August 16, 2022 Comment Letter)(Stellberg, Sarah)
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Filing 80
Memorandum in opposition to re #64 Motion for Preliminary Injunction,,,, filed by PETROLEUM ASSOCIATION OF WYOMING. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, #2 Exhibit 1 - Declaration of Rebecca A. Byram & David Broussard, #3 Exhibit 2 - Illustration of Horizontal Well, #4 Exhibit 3 - Declaration of Ryan Baker, #5 Exhibit 4 - Map of Challenged APDs, #6 Exhibit 5 - Reno-Sparks Indian Colony v. Haaland, #7 Exhibit 6 - Declaration of Stephen A. Moore, #8 Exhibit 7 - Declaration of Frank Glenn Eathorne, Jr., #9 Exhibit 8 - Declaration of Timothy Tillard, #10 Exhibit 9 - Combined Declaration of Robert Boner et al., #11 Exhibit 10 - Declaration of Joseph DeDominic, #12 Exhibit 11 - Declaration of Pete Obermueller, #13 Exhibit 12 - BLM Instruction Memorandum No. 2009-078, #14 Exhibit 13 - Wyoming Executive Order No. 2019-3, #15 Exhibit 14 - Declaration of Kelly Meyers, #16 Exhibit 15 - Declaration of Hunt Walker, #17 Exhibit 16 - Letter from Senator Barrasso et al. to Secretary Haaland)(Champoux, Mark)
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Filing 79
RESPONSE re #65 MOTION to Dismiss Continental and Devon's Counterclaim and Crossclaim filed by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Attachments: #1 Text of Proposed Order)(Leggette, L.)
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Filing 78
RESPONSE re #70 MOTION to Dismiss Crossclaim filed by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Attachments: #1 Text of Proposed Order)(Leggette, L.)
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Filing 77
Memorandum in opposition to re #64 Motion for Preliminary Injunction,,,, filed by STATE OF WYOMING. (Attachments: #1 Declaration of Thomas Kropatsch, #2 Declaration of Nancy Vehr, #3 Declaration of James Willox, #4 Declaration of Jennifer Scoggin, #5 Declaration of Boner, Moore, Magagna, #6 Declaration of Faber, Pexton, Roumell, Holt)(Jordan, Travis)
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Set/Reset Deadlines: Replies due by 5/26/2023. (tb)
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Set/Reset Deadlines: Response due by 4/24/2023. Reply due by 5/15/2023. (tb)
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MINUTE ORDER: Plaintiffs' #76 Unopposed Motion for Extension of Reply Deadline is hereby GRANTED and the Court's February 14, 2023, Scheduling Order is hereby AMENDED as follows: Reply Briefs are due May 26, 2023. Signed by Judge Tanya S. Chutkan on 4/6/2023. (lcja)
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Set/Reset Deadlines: Reply due by 5/26/2023. (tb)
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Filing 76
Unopposed MOTION for Extension of Time to File Response/Reply by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Text of Proposed Order)(Stellberg, Sarah)
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Filing 75
REPLY to opposition to motion re #72 MOTION for Extension of Time to File Response/Reply filed by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Robertson, Michael)
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MINUTE ORDER: Upon consideration of Defendants' motion and the parties briefs, the Court hereby Grants in part and DENIES in part Defendants' #72 Motion for Extension of Time to File Response and Defendant-Intervenor's #73 Joint Motion. The Court's February 14, 2023 Scheduling Order is hereby AMENDED as follows: Responsive Briefs are due April 24, 2023, and Reply Briefs are due May 15, 2023. Under Federal Rule of Civil Procedure 16(b)(4) a scheduling deadline may be extended upon a showing of "good cause." While Plaintiffs are correct that the previously agreed upon schedule and all of the motions were filed were fully contemplated by the parties, even Plaintiffs do not contend that Defendants were given advance notice that the motion for preliminary injunction would include over 5,000 pages of exhibits. And Plaintiffs have not demonstrated how they will be prejudiced by a two-week extension. Consequently, in order to provide the parties time to review the exhibits and respond to the motions, the Court will grant a two-week extension. Further, the parties are reminded that all motions are to be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/31/2023. (lcja)
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Filing 74
RESPONSE re #72 MOTION for Extension of Time to File Response/Reply filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Declaration of Sarah Stellberg)(Stellberg, Sarah) Modified link on 4/4/2023 (znmw).
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Set/Reset Deadlines: Response due by 3/31/2023. Replies due by 4/4/2023. (tb)
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MINUTE ORDER: Plaintiffs shall respond to Defendants' #72 Motion for Extension of Time and Defendant-Intervenors' #73 Joint Motion for Extension of time no later than March 31, 2023. And movants shall file their replies no later than April 4, 2023. Signed by Judge Tanya S. Chutkan on 3/29/2023. (lcja)
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Filing 73
Joint MOTION for Joinder re #72 MOTION for Extension of Time to File Response/Reply of Defendant-Intervenors by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Leggette, L.)
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Filing 72
MOTION for Extension of Time to File Response/Reply by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Robertson, Michael)
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Set/Reset Deadlines: Proposed Briefing Schedule due by 9/22/2023. (tb)
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Filing 71
NOTICE of AEC's Joinder in Partial Motion for Judgment on the Pleadings by ANSCHUTZ EXPLORATION CORPORATION (Gibson, Mark)
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Filing 70
MOTION to Dismiss Crossclaim by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Robertson, Michael)
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Filing 69
MOTION for Partial Summary Judgment by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Leggette, L.)
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Filing 68
Joint MOTION to Transfer Case Motion to Transfer Venue by ANSCHUTZ EXPLORATION CORPORATION. (Attachments: #1 Addendum to Joint Motion to Transfer Venue, #2 Proposed Order Granting Joint Motion to Transfer Venue)(Lillie, Andrew)
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Filing 67
Joint MOTION to Dismiss by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P.. (Attachments: #1 Exhibit AEC Addendum, #2 Exhibit A, #3 Text of Proposed Order)(Leggette, L.)
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Filing 66
Joint MOTION to Transfer Case Motion to Transfer Venue by ANSCHUTZ EXPLORATION CORPORATION. (Attachments: #1 Exhibit Addendum to Joint Motion)(Lillie, Andrew)
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Filing 65
MOTION to Dismiss Continental and Devon's Counterclaim and Crossclaim by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Text of Proposed Order)(Stellberg, Sarah)
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Filing 64
MOTION for Preliminary Injunction by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Ex 1 - Declaration of Shannon Anderson, #4 Ex 2 - Declaration of Maria Katherman, #5 Ex 3 - Declaration of Leland Turner, #6 Ex 4 - Declaration of Erik Molvar, #7 Ex 5 - Declaration of Donal O'Toole, #8 Ex 6 - Converse County ROD, #9 Ex 7 - Converse County FEIS, #10 Ex 8 - Converse County FEIS Appendices A, H, #11 Ex 9 - Comment Letters, #12 Ex 10 - APD Decision Index, #13 Ex 11 - APD Records Part I, #14 Ex 12 - APD Records Part II, #15 Ex 13 - APD Records Part III, #16 Ex 14 - BLM NEPA Handbook, #17 Ex 15 - PIM 2018-014, #18 Ex 16 - Examples of other BLM oil, gas projects, #19 Ex 17 - EPA.gov, Health and Envt'l Effects of PM, #20 Ex 18 - EPA.gov, Basic Information about Air Pollution Standards, #21 Ex 19 - GAO Report on Energy Policy Act CXs, #22 Ex 20 - Declaration of Chris Johnson)(Stellberg, Sarah)
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Filing 63
Scheduling Order: The Administrative Record production schedule shall proceed in three stages, with the final production due no later than October 13, 2023. If no Motions to Complete or Supplement the AR are filed, then by no later than November 24, 2023, Federal Defendants shall file a certified list of AR contents in compliance with Local rule 7(n). If a Motion to Complete or Supplement the AR is filed, then by no later than November 24, 2023, or 28 days after the Court's disposition of the last AR Motion, whichever occurs later, Federal Defendants shall produce their Rule 7(n) certified list and complete production of documents agreed or ordered to be added to the AR (if any). The parties shall submit a proposed summary judgment briefing schedule no later than September 22, 2023. (See the Scheduling Order for further details). Signed by Judge Tanya S. Chutkan on 3/8/2023. (lcja)
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Set/Reset Deadlines: Proposed Order due by 3/7/2023. (tb)
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Filing 62
NOTICE of Proposed Order by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR (Robertson, Michael)
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Filing 61
NOTICE Private Defendants-Intervenors' Position on Proposed Administrative Record Schedule by CONTINENTAL RESOURCES, INC., DEVON ENERGY PRODUCTION COMPANY, L.P. re #60 Notice (Other), #59 Status Report (Leggette, L.)
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MINUTE ORDER: Having considered the parties' #59 Joint Status Report, the State of Wyoming's #60 Notice, and Private Defendant-Intervenors' #61 Notice, the Court will adopt the administrative record production schedule as proposed by federal Defendants. No later than March 7, 2023, federal Defendants shall file a proposed order which sets out in detail the administrative record production schedule as proposed in the "Joint Statement" and "Defendants' Proposal" sections of the joint status report, ECF No. 59 at 2-3, 8-9. The current proposed order has no proposed dates or actions and is insufficient to serve as a scheduling order in this matter. Signed by Judge Tanya S. Chutkan on 3/2/2023. (lcja)
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Set/Reset Deadlines: Proposed Order due by 3/7/2023. (tb)
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Filing 60
NOTICE of Position on Proposed Administrative Record Schedule by STATE OF WYOMING re #59 Status Report (Jordan, Travis)
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Filing 59
Joint STATUS REPORT on Proposed Administrative Record Schedule by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Robertson, Michael)
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Set/Reset Deadlines: Motions due by 3/13/2023. Responses due by 4/10/2023. Replies due by 5/1/2023. (tb)
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Filing 58
SCHEDULING ORDER: Motions to dismiss, for judgment on the pleadings, to transfer, and for preliminary injunction and responsive pleadings to any pending cross-claim or counterclaim are due March 13, 2023; Responsive Briefs are due April 10, 2023; and Reply Briefs are due May 1, 2023. The parties shall meet and confer and propose a schedule for production of the administrative record, no later than February 28, 2023. All pending motions, ECF Nos. 55 and 56, are hereby dismissed without prejudice. Signed by Judge Tanya S. Chutkan on 2/14/2023. (lcja)
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Filing 57
Joint STATUS REPORT by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Text of Proposed Order)(Stellberg, Sarah)
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Set/Reset Deadlines: Joint Status Report due by 2/8/2023. (tb)
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MINUTE ORDER: Defendants' #56 Unopposed Motion for Temporary Relief from Local Civil Rule 7(n) is hereby GRANTED. Defendants are temporarily relieved from filing, or proposing a deadline for filing, a certified list of the contents of the Administrative Record. To the extent that the parties' joint status report, due February 8, 2023, would propose moving forward with briefing in this case, the parties shall also propose a new deadline for Defendants to comply with their Local Rule 7(n) obligation. Signed by Judge Tanya S. Chutkan on 1/26/2023. (lcja)
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Filing 56
Unopposed MOTION for Temporary Relief from Local Civil Rule 7(n) by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Robertson, Michael)
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MINUTE ORDER: Briefing on all pending motions is hereby stayed until further order of the Court. The Court will consider the parties' response to the January 17, 2023 Show Cause Order, due February 8, 2023, and will then issue an order directing the parties on how to proceed in this matter. Signed by Judge Tanya S. Chutkan on 1/23/2023. (lcja)
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Filing 53
MOTION to Dismiss Continental and Devon's Counterclaim and Crossclaim by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Text of Proposed Order)(Stellberg, Sarah)
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Filing 55
MOTION to Dismiss, MOTION to Transfer Case by ANSCHUTZ EXPLORATION CORPORATION. (zjm)
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Filing 54
DECLARATION of Joseph DeDominic by ANSCHUTZ EXPLORATION CORPORATION. (zjm)
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Filing 52
NOTICE of Appearance by Andrew C. Lillie on behalf of ANSCHUTZ EXPLORATION CORPORATION (Lillie, Andrew)
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MINUTE ORDER: GRANTING Anschutz Exploration Corp.'s #47 Motion to Intervene, as Plaintiffs do not oppose, see ECF No. 51. Signed by Judge Tanya S. Chutkan on 1/17/2023. (lcja)
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MINUTE ORDER: Having granted motions to intervene by Continental Resources, Inc, Devon Energy Production Company L.P., State of Wyoming, Petroleum Associations of Wyoming, and Anschutz Exploration Corp., see Min. Order, 12/30/2022 and Min. Order, 01/17/2023 ("GRANTING Anschutz Exploration Corp.'s #47 Motion to Intervene"), it is hereby ORDERED that Defendant-Intervenors, save the State of Wyoming, shall consolidate all further motions, pleadings, memoranda, or other filings in this action, styling any filing as a joint filing "On Behalf of Defendant-Intervenors." To the extent that any such Defendant-Intervenor wishes to make a distinct argument, as part of a joint filing, such argument shall be made in an addendum limited to no more than five pages. It is further ORDERED that the State of Wyoming may file separate briefings but must still endeavor to coordinate with Federal Defendants and Defendant-Intervenors to incorporate by reference applicable law and facts, join arguments when appropriate, and avoid duplicative arguments. Any filing by a Defendant-Intervenor in contravention of this order and without leave of court, may be stricken sua sponte. Signed by Judge Tanya S. Chutkan on 1/17/2023. (lcja)
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MINUTE ORDER: The Court construes Defendant-Intervenor's Responses re #2 Notice of Related Cases, see ECF No. #21 , #33 , as motions in opposition to relatedness; both are DENIED. On September 7, 2022, Plaintiffs asserted that this matter is related to Ctr. for Bio Diversity v. U.S. Dep't of Interior 22-cv-1716, pursuant to Local Rule 40.5(a)(3) because it "relates to common property", "involved common issues of fact", and "grows out of the same event or transaction". See ECF No. 2. The Court agrees with Plaintiffs that this matter involves issues of fact that are common to Ctr. for Bio Diversity and will not reassign the case. Local Rule 40.5 intends to promote judicial economy where assigning related cases to different judges might produce conflicting decisions. See Corsi v. Mueller, No. 18-cv-2885 (RJL), 2019 WL 11322508, at *1 (D.D.C. Jan. 3, 2019). This matter challenges 362 of the same federal drilling permits which are part of the Converse County Oil and Gas Project in Wyomings Powder River Basin; both cases require review of the Converse County Project Environmental Impact Statement and Record of Decision; and there are overlapping legal theories, including violations of the National Environmental Policy Act and the Federal Land Policy Management Act. Although factual differences exist between these two cases, they are nonetheless related because there are clearly issues of fact that are common to both. E.g., Assiniboine & Sioux Tribe of Fort Peck Indian Reservation v. Norton, 211 F. Supp. 2d 157, 160 (D.D.C. 2002). Signed by Judge Tanya S. Chutkan on 1/17/2023. (lcja)
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SHOW CAUSE MINUTE ORDER: All parties shall meet and confer and file a joint report, briefing whether this case should (i) be consolidated with related case 22-cv-1716, and/or (ii) be stayed pending resolution of case 22-cv-1716, by no later than February 8, 2023. The parties' joint response shall be limited to no more than twelve pages and accompanied by a proposed order. The parties shall give ample consideration to whether the briefing schedule in Ctr. For Bio Diversity 22-cv-01716 should be modified if the cases are consolidated. Signed by Judge Tanya S. Chutkan on 1/17/2023. (lcja)
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Filing 51
RESPONSE re #47 MOTION to Intervene filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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MINUTE ORDER: GRANTING Continental Resources, Inc and Devon Energy Production Company L.P.'s #20 Motion to Intervene; GRANTING the State of Wyoming's #23 Motion to Intervene; and GRANTING Petroleum Associations of Wyoming's #31 Motion to Intervene. Plaintiffs do not oppose intervention by the four named Defendant-Intervenors, but instead request that the court impose briefing restrictions on Defendant-Intervenors that are analogous to restrictions set in Center for Bio. Diversity et al. v. U.S. Dept. of the Interior et al 22-cv-01716. See ECF No. #28 at 1-2; ECF No. #40 at 1-2. However, given that the court is now only granting four parties intervention status, the court will not impose briefing restrictions on Defendant-Intervenors at this stage. The court will rule on the Motions in Opposition to Relatedness, see ECF No. #21 , #26 , and #33 , in due course. Signed by Judge Tanya S. Chutkan on 12/30/2022. (lcja)
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Filing 50
Notice of Lodging AND ANSWER to #44 Amended Complaint , CROSSCLAIM against US DEPT OF INTERIOR, U.S. BUREAU OF LAND MANAGEMENT, COUNTERCLAIM against POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT by DEVON ENERGY PRODUCTION COMPANY, L.P., CONTINENTAL RESOURCES, INC.. (Attachments: #1 Exhibit A - Proposed Amended Answer)(Leggette, L.)
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Filing 49
ANSWER to #44 Amended Complaint by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR.(Robertson, Michael)
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Filing 48
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ANSCHUTZ EXPLORATION CORPORATION (Gibson, Mark)
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Filing 47
MOTION to Intervene by ANSCHUTZ EXPLORATION CORPORATION. (Attachments: #1 Exhibit Declaration of Joseph DeDominic, #2 Exhibit AEC's Proposed Motion to Dismiss or Transfer Venue, #3 Text of Proposed Order)(Gibson, Mark)
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Filing 46
NOTICE of Lodging of Proposed Answer to Plaintiffs' First Amended Complaint by STATE OF WYOMING re #44 Amended Complaint (Attachments: #1 Proposed Answer to Plaintiffs' First Amended Complaint)(Jordan, Travis)
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Filing 45
NOTICE of Lodging of Proposed Answer to Plaintiffs' First Amended Complaint by PETROLEUM ASSOCIATION OF WYOMING re #44 Amended Complaint (Attachments: #1 Proposed Answer of Defendant-Intervenor Petroleum Association of Wyoming to Plaintiffs' First Amended Complaint)(Champoux, Mark)
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Filing 44
AMENDED COMPLAINT filed with the written consent of Defendants under FRCP 15(a)(2) against U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR filed by WESTERN WATERSHEDS PROJECT, POWDER RIVER BASIN RESOURCE COUNCIL.(Stellberg, Sarah)
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Filing 43
REPLY to opposition to motion re #31 MOTION to Intervene filed by PETROLEUM ASSOCIATION OF WYOMING. (Champoux, Mark) Modified on 12/12/2022 to correct docket link/ text(zjm).
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Filing 42
NOTICE of Appearance by Kathleen C. Schroder on behalf of PETROLEUM ASSOCIATION OF WYOMING (Schroder, Kathleen)
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Filing 41
REPLY re #2 Notice of Related Case (Response to Proposed-Intervenor PAW's Objection) filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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Filing 40
RESPONSE re #31 MOTION to Intervene by Petroleum Association of Wyoming filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Declaration of Sarah Stellberg, #2 Exhibit 1 - PAW Website)(Stellberg, Sarah)
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Minute Order: Upon consideration of Movant PETROLEUM ASSOCIATION OF WYOMING's #39 Amended Declaration re #30 Motion for Leave to Appear Pro Hac Vice, Kathleen C. Schroder is hereby admitted pro hac vice to appear in this matter on behalf of Movant PETROLEUM ASSOCIATION OF WYOMING. 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 Tanya S. Chutkan on 12/01/2022. (lcja)
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Filing 39
DECLARATION (AMENDED) by PETROLEUM ASSOCIATION OF WYOMING re #30 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathleen C. Schroder, Filing fee $ 100, receipt number ADCDC-9681137. Fee Status: Fee Paid. filed by PETROLEUM ASSOCIATION OF WYOMING. (Champoux, Mark)
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MINUTE ORDER: Denying without prejudice #30 Motion for Admission Pro Hac Vice for failing to fully comply with Local Civil Rule 83.2(c)(2)(6). Affiants with offices located outside of the District of Columbia are still required to provide sufficient information for the court to determine whether the affiant "engages in the practice of law from an office located in the District of Columbia" and whether the affiant "is a member of the District of Columbia Bar or has an application for membership pending." Signed by Judge Tanya S. Chutkan on 11/23/2022. (lcja)
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Filing 38
REPLY re #27 Reply to Document, #21 Response to Document (Reply in Support of Objection to Related-Case Designations) filed by CONTINENTAL RESOURCES, INC., Devon Energy Production Company, L.P.. (Leggette, L.)
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Filing 37
REPLY to opposition to motion re #20 MOTION to Intervene as Defendants, #28 Response to motion (Reply in Support of Motion to Intervene) filed by CONTINENTAL RESOURCES, INC., Devon Energy Production Company, L.P.. (Leggette, L.)
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Filing 36
REPLY re #27 Reply to Document (Plaintiffs' Response to Proposed Intervenor-Defendants' Objections to Related-Case Designation filed by STATE OF WYOMING. (Jordan, Travis)
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Filing 35
REPLY re #23 MOTION to Intervene to Intervene filed by STATE OF WYOMING. (Jordan, Travis) Modified on 11/28/2022 to correct docket link/text (zjm).
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Filing 34
ANSWER to Complaint by U.S. BUREAU OF LAND MANAGEMENT, US DEPT OF INTERIOR.(Robertson, Michael)
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Filing 33
RESPONSE re #2 Notice of Related Case filed by PETROLEUM ASSOCIATION OF WYOMING. (Champoux, Mark)
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Filing 32
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PETROLEUM ASSOCIATION OF WYOMING (Champoux, Mark)
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Filing 31
MOTION to Intervene by PETROLEUM ASSOCIATION OF WYOMING. (Attachments: #1 Declaration of Pete Obermueller, #2 Exhibit 1 to Obermueller Declaration, #3 Exhibit 2 to Obermueller Declaration, #4 Exhibit 3 to Obermueller Declaration, #5 Attachment-Complaint, #6 [Proposed] Answer, #7 Proposed Order)(Champoux, Mark)
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Filing 30
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathleen C. Schroder, Filing fee $ 100, receipt number ADCDC-9681137. Fee Status: Fee Paid. by PETROLEUM ASSOCIATION OF WYOMING. (Attachments: #1 Declaration of Kathleen C. Schroder in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Champoux, Mark)
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Filing 29
NOTICE of Appearance by Mark E. Champoux on behalf of PETROLEUM ASSOCIATION OF WYOMING (Champoux, Mark)
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Filing 28
RESPONSE re #23 MOTION to Intervene , #20 MOTION to Intervene as Defendants filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Goldblatt, Hannah)
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Filing 27
REPLY re #2 Notice of Related Case (Response to Proposed-Intervenors' Objections to Related-Case Designation) filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Stellberg, Sarah)
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Filing 26
RESPONSE re #2 Notice of Related Case (Objection) filed by STATE OF WYOMING. (Jordan, Travis)
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Filing 25
NOTICE of Appearance by D. David DeWald on behalf of STATE OF WYOMING (DeWald, D. David)
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Filing 24
NOTICE of Appearance by Travis S. Jordan on behalf of STATE OF WYOMING (Jordan, Travis)
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Filing 23
MOTION to Intervene by STATE OF WYOMING. (Attachments: #1 Memorandum in Support, #2 Proposed Answer, #3 Text of Proposed Order)(Jordan, Travis)
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RESOLVED....NOTICE of Provisional/Government Not Certified Status re #22 NOTICE of Appearance by Alexander K. Obrecht on behalf of CONTINENTAL RESOURCES, INC. (Obrecht, Alexander).Your attorney renewal has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 11/11/2022. (zbaj) Modified on 11/7/2022 (zbaj).
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Filing 22
NOTICE of Appearance by Alexander K. Obrecht on behalf of CONTINENTAL RESOURCES, INC. (Obrecht, Alexander)
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Filing 21
RESPONSE re #2 Notice of Related Case (Objection) filed by CONTINENTAL RESOURCES, INC., Devon Energy Production Company, L.P.. (Leggette, L.)
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Filing 20
MOTION to Intervene as Defendants by CONTINENTAL RESOURCES, INC., Devon Energy Production Company, L.P.. (Attachments: #1 Memorandum in Support Statement of Points and Authorities in Support of Motion to Intervene as Defendants, #2 Exhibit A - Proposed Answer, Counterclaim and Crossclaim, #3 Declaration Rebecca A. Byram iso Motion to Intervene, #4 Exhibit A to Byram Declaration, #5 Exhibit B to Byram Declaration, #6 Exhibit C to Byram Declaration, #7 Exhibit D to Byram Declaration, #8 Declaration of Emily Cozyris iso Motion to Intervene, #9 Exhibit A to Cozyris Declaration, #10 Text of Proposed Order)(Leggette, L.)
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Filing 19
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Devon Energy Production Company, L.P. (Leggette, L.)
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Filing 18
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CONTINENTAL RESOURCES, INC. (Leggette, L.)
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Filing 17
ENTERED IN ERROR.....RULE 26a1 STATEMENT. (Leggette, L.) Modified on 11/2/2022 refiled by counsel at entry #18 (zjm).
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Filing 16
NOTICE of Appearance by L. Poe Leggette on behalf of CONTINENTAL RESOURCES, INC., Devon Energy Production Company, L.P. (Leggette, L.)
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Filing 15
NOTICE of Appearance by Michael Keith Robertson on behalf of All Defendants (Robertson, Michael)
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Filing 14
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE INTERIOR served on 9/19/2022; U.S. BUREAU OF LAND MANAGEMENT served on 9/16/2022 (Attachments: #1 Exhibit Certified Mail Receipts)(Stellberg, Sarah)
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Filing 13
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/19/2022. (Attachments: #1 Exhibit Certified Mail Receipts)(Stellberg, Sarah)
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Filing 12
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/19/2022. Answer due for ALL FEDERAL DEFENDANTS by 11/18/2022. (Attachments: #1 Exhibit Certified Mail Receipts)(Stellberg, Sarah)
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Filing 11
NOTICE of Appearance by Hannah A. Goldblatt on behalf of All Plaintiffs (Goldblatt, Hannah)
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Filing 10
NOTICE of Appearance by Sarah K. Stellberg on behalf of All Plaintiffs (Stellberg, Sarah)
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MINUTE ORDER granting #5 , #9 Motions for Leave to Appear Pro Hac Vice as to Sarah K. Stellberg and Hannah A. Goldblatt. 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 Tanya S. Chutkan on 9/13/2022. (lcac)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hannah A. Goldblatt, Filing fee $ 100, receipt number ADCDC-9510538. Fee Status: Fee Paid. by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Declaration of Hannah A. Goldblatt In Support of Motion to Appear Pro Have Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Tucci, Todd)
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Filing 8
SUMMONS Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmrl)
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Case Assigned to Judge Tanya S. Chutkan. (zmrl)
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Filing 7
REQUEST FOR SUMMONS TO ISSUE filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Summons)(Tucci, Todd)
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Filing 6
SUMMONS(2) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(zmrl)
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NOTICE OF ERROR re #1 Complaint; emailed to ttucci@advocateswest.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmrl, )
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Filing 5
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah K. Stellberg, Filing fee $ 100, receipt number ADCDC-9498182. Fee Status: Fee Paid. by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Declaration of Sarah K. Stellberg, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Tucci, Todd)
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Filing 4
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WESTERN WATERSHEDS PROJECT (Tucci, Todd)
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Filing 3
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by POWDER RIVER BASIN RESOURCE COUNCIL (Tucci, Todd)
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Filing 2
NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 22-cv-1716. (Tucci, Todd)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9496889) filed by POWDER RIVER BASIN RESOURCE COUNCIL, WESTERN WATERSHEDS PROJECT. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Tucci, Todd)
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