CENTER FOR BIOLOGICAL DIVERSITY et al v. UNITED STATES FOREST SERVICE et al
| CENTER FOR BIOLOGICAL DIVERSITY, GREENBRIER RIVER WATERSHED ASSOCIATION, APPALACHIAN VOICES, WEST VIRGINIA HIGHLANDS CONSERVANCY, KANAWHA FOREST COALITION and SIERRA CLUB |
| UNITED STATES FOREST SERVICE, RANDY MOORE and JASON HATTERSLEY |
| SOUTH FORK COAL COMPANY, LLC |
| 1:2024cv00087 |
| January 10, 2024 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Environmental Matters |
| 33 U.S.C. § 1365 Environmental Matters |
| None |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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MINUTE ORDER: It is hereby ORDERED that Federal Defendants shall file their reply, if any, to Plaintiffs' #27 Memorandum in Opposition to Motion to Stay Deadline for Filing of Answer or Other Response by March 13, 2024. Signed by Judge Timothy J. Kelly on 3/8/2024. (lctjk2)
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| Filing 27 Memorandum in opposition to re #24 Motion to Stay Deadline for Filing of Answer or Other Response filed by APPALACHIAN VOICES, CENTER FOR BIOLOGICAL DIVERSITY, GREENBRIER RIVER WATERSHED ASSOCIATION, KANAWHA FOREST COALITION, SIERRA CLUB, WEST VIRGINIA HIGHLANDS CONSERVANCY. (Townsend, Margaret) |
| Filing 26 NOTICE of Appearance by Lindsay Reeves on behalf of All Plaintiffs (Reeves, Lindsay) |
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MINUTE ORDER granting Plaintiffs' #21 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Plaintiffs' #21 Motion is GRANTED. Attorney Lindsay E. Reeves is hereby admitted pro hac vice on behalf of Plaintiffs. 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 Timothy J. Kelly on 3/4/2024. (lctjk2)
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| Filing 25 NOTICE Notice of Objection by Intervenor South Fork Coal Company, LLC to Designation of Case as Related to Another Pending Action by SOUTH FORK COAL COMPANY, LLC re #18 Notice of Related Case (Stonestreet, Robert) |
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MINUTE ORDER: It is hereby ORDERED that Plaintiffs shall file any opposition to Federal Defendants' #24 Motion to Stay Deadline for Filing of Answer or Other Response by March 7, 2024. Signed by Judge Timothy J. Kelly on 2/29/2024. (lctjk2)
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| Filing 24 MOTION to Stay re #1 Complaint,, Deadline for Answer or Other Response by JASON HATTERSLEY, RANDY MOORE, UNITED STATES FOREST SERVICE. (Attachments: #1 Text of Proposed Order)(Ortiz, Anthony) |
| Filing 23 RESPONSE re #18 Notice of Related Case (Opposition) filed by JASON HATTERSLEY, RANDY MOORE, UNITED STATES FOREST SERVICE. (Ortiz, Anthony) |
| Filing 22 ERRATA by APPALACHIAN VOICES, CENTER FOR BIOLOGICAL DIVERSITY, GREENBRIER RIVER WATERSHED ASSOCIATION, KANAWHA FOREST COALITION, SIERRA CLUB, WEST VIRGINIA HIGHLANDS CONSERVANCY re #21 Motion for Leave to Appear Pro Hac Vice,. (Attachments: #1 Exhibit Certificate of Good Standing)(Townsend, Margaret) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lindsay E. Reeves, Filing fee $ 100, receipt number ADCDC-10719775. Fee Status: Fee Paid. by APPALACHIAN VOICES, CENTER FOR BIOLOGICAL DIVERSITY, GREENBRIER RIVER WATERSHED ASSOCIATION, KANAWHA FOREST COALITION, SIERRA CLUB, WEST VIRGINIA HIGHLANDS CONSERVANCY. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Townsend, Margaret) |
| Filing 20 MOTION to Transfer Case to the U.S. District Court of West Virginia by JASON HATTERSLEY, RANDY MOORE, UNITED STATES FOREST SERVICE. (Attachments: #1 Memorandum in Support, #2 Declaration of Jason Hattersley, #3 Declaration of Chad Arbogast, #4 Exhibit OSMRE Complaint, #5 Text of Proposed Order)(Ortiz, Anthony) |
| Filing 19 ANSWER to Complaint by SOUTH FORK COAL COMPANY, LLC. (ztth) |
| Filing 18 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 23-3343. (Townsend, Margaret) |
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MINUTE ORDER granting South Fork Coal Company, LLC's #10 Motion to Intervene as Defendant. "On 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." Fed. R. Civ. P. 24(a)(2). A party's right to intervene under this rule depends on four factors: "(1) the timeliness of the motion; (2) whether the applicant claims an interest relating to the property or transaction which is the subject of the action; (3) whether the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest; and (4) whether the applicant's interest is adequately represented by existing parties." Fund for Animals, Inc. v. Norton, 322 F.3d 728, 731 (D.C. Cir. 2003) (cleaned up). Here, all four factors favor intervention. First, on timeliness, only 20 days passed between Plaintiffs commencing this action and South Fork filing their motion, and Defendants are yet to file a responsive pleading. Second and third, South Fork has cognizable property and financial interests in its mining operations that may be impaired if the Forest Service's permits are invalidated. And fourth, South Fork's interests are not adequately represented by any existing party. They are clearly not represented by Plaintiffs, who challenge the permits. The Government also is not a suitable stand-in because non-governmental entities, like South Fork, have a "more narrow and parochial financial interest," whereas the Government represents a broader public interest, even if there is "general agreement" between them. Id. at 737 (cleaned up); see also Natural Res. Def. Council v. Costle, 561 F.2d 904, 912 (D.C. Cir. 1977). Therefore, it is hereby ORDERED that South Fork's #10 Motion is GRANTED. The Clerk of Court is instructed to docket ECF No. 10-2 as Intervenors' Answer to Plaintiffs' #1 Complaint. It is further ORDERED that Defendant-Intervenor shall (1) confer in good faith with Plaintiffs and Federal Defendants to eliminate duplicative briefing, and (2) abide by any briefing and case management schedules the Court establishes. Signed by Judge Timothy J. Kelly on 2/22/2024. (lctjk2)
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MINUTE ORDER: Plaintiffs filed a #18 notice of related case with Center for Biological Diversity et al. v. Office of Surface Mining Reclamation & Enforcement, No. 23-cv-3343, because they "involve common issues of fact." See LCvR 40.5(a)(3). If any party objects to the designation of this case as related to Center for Biological Diversity et al. v. Office of Surface Mining Reclamation & Enforcement, No. 23-cv-3343, it is hereby ORDERED that they shall file a notice by February 29, 2024, explaining the basis for their objection. Signed by Judge Timothy J. Kelly on 2/22/2024. (lctjk2)
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| Filing 17 REPLY to opposition to motion re #10 MOTION to Intervene Motion by South Fork Coal Company, LLC to Intervene as a Defendant filed by SOUTH FORK COAL COMPANY, LLC. (Stonestreet, Robert) |
| Filing 16 RESPONSE re #10 MOTION to Intervene Motion by South Fork Coal Company, LLC to Intervene as a Defendant filed by APPALACHIAN VOICES, CENTER FOR BIOLOGICAL DIVERSITY, GREENBRIER RIVER WATERSHED ASSOCIATION, KANAWHA FOREST COALITION, SIERRA CLUB, WEST VIRGINIA HIGHLANDS CONSERVANCY. (Townsend, Margaret) |
| Filing 15 NOTICE of Appearance by Robert M. Stonestreet on behalf of SOUTH FORK COAL COMPANY, LLC (Stonestreet, Robert) |
| Filing 14 NOTICE of Appearance by Christopher Burr Power on behalf of SOUTH FORK COAL COMPANY, LLC (Power, Christopher) |
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MINUTE ORDER granting Intervenor Defendant's #12 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Intervenor Defendant's #12 Motion is GRANTED. Attorney Robert M. Stonestreet is hereby admitted pro hac vice on behalf of Intervenor Defendant. 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 Timothy J. Kelly on 2/2/2024. (lctjk2)
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MINUTE ORDER granting Intervenor Defendant's #11 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Intervenor Defendant's #11 Motion is GRANTED. Attorney Christopher B. Power is hereby admitted pro hac vice on behalf of Intervenor Defendant. 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 Timothy J. Kelly on 2/2/2024. (lctjk2)
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| Filing 13 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by South Fork Coal Company, LLC (Schaeffer, Joseph) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert M. Stonestreet, Filing fee $ 100, receipt number ADCDC-10655255. Fee Status: Fee Paid. by South Fork Coal Company, LLC. (Attachments: #1 Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Schaeffer, Joseph) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher B. Power, Filing fee $ 100, receipt number ADCDC-10655253. Fee Status: Fee Paid. by South Fork Coal Company, LLC. (Attachments: #1 Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Schaeffer, Joseph) |
| Filing 10 MOTION to Intervene Motion by South Fork Coal Company, LLC to Intervene as a Defendant by South Fork Coal Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit Intervenor's Answer, #3 Civil Cover Sheet, #4 Memorandum in Support, #5 Text of Proposed Order, #6 Exhibit Notice of Appearance)(Schaeffer, Joseph) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/18/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/18/2024. (Attachments: #1 Exhibit Proof of Service)(Townsend, Margaret) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/29/24. (Attachments: #1 Exhibit Proof of Service)(Townsend, Margaret) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JASON HATTERSLEY served on 1/26/2024; RANDY MOORE served on 1/29/2024; UNITED STATES FOREST SERVICE served on 1/29/2024 (Attachments: #1 Exhibit Proof of Service)(Townsend, Margaret) |
| Filing 6 NOTICE of Appearance by Ryan Adair Shannon on behalf of All Plaintiffs (Shannon, Ryan) (Main Document 6 replaced on 1/19/2024) (ztth). |
| Filing 5 NOTICE of Appearance by Anthony Dolendo Ortiz on behalf of All Defendants (Ortiz, Anthony) |
| Filing 4 SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zdp) |
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Filing 3
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 1/16/2024. (lctjk2)
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| Case Assigned to Judge Timothy J. Kelly. (zsl) |
| Filing 2 CIVIL COVER SHEET by SIERRA CLUB, APPALACHIAN VOICES, GREENBRIER RIVER WATERSHED ASSOCIATION, CENTER FOR BIOLOGICAL DIVERSITY, WEST VIRGINIA HIGHLANDS CONSERVANCY, KANAWHA FOREST COALITION re #1 Complaint,, filed by SIERRA CLUB, APPALACHIAN VOICES, GREENBRIER RIVER WATERSHED ASSOCIATION, CENTER FOR BIOLOGICAL DIVERSITY, WEST VIRGINIA HIGHLANDS CONSERVANCY, KANAWHA FOREST COALITION. Related document: #1 Complaint,, filed by KANAWHA FOREST COALITION, WEST VIRGINIA HIGHLANDS CONSERVANCY, GREENBRIER RIVER WATERSHED ASSOCIATION, SIERRA CLUB, APPALACHIAN VOICES, CENTER FOR BIOLOGICAL DIVERSITY.(Townsend, Margaret) |
| NOTICE OF ERROR re #1 Complaint; emailed to mtownsend@biologicaldiversity.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, ) |
| Filing 1 COMPLAINT against JASON HATTERSLEY, RANDY MOORE, UNITED STATES FOREST SERVICE ( Filing fee $ 405 receipt number ADCDC-10607941) filed by SIERRA CLUB, APPALACHIAN VOICES, GREENBRIER RIVER WATERSHED ASSOCIATION, CENTER FOR BIOLOGICAL DIVERSITY, WEST VIRGINIA HIGHLANDS CONSERVANCY, KANAWHA FOREST COALITION. (Attachments: #1 Civil Cover Sheet, #2 Summons United States Forest Service, #3 Summons Randy Moore, in his official capacity as Chief of the Forest Service, #4 Summons Jason Hattersley, in his official capacity as Gauley District Ranger of the Forest Service, #5 Summons U.S. Attorney General, #6 Summons U.S. Attorney's Office)(Townsend, Margaret) |
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