Western Watersheds Project et al v. Zinke et al
| Western Watersheds Project and Center for Biological Diversity |
| Ryan Zinke, David Bernhardt and Bureau of Land Management |
| 1:2018cv00187 |
| April 30, 2018 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Blaine - Southern |
| Ronald E. Bush |
| Environmental Matters |
| 42 U.S.C. ยง 4321 |
| None |
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Filing
389
MEMORANDUM DECISION AND ORDER. Signed by Judge Ronald E. Bush. (alw)
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Filing
297
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that: 1. AECs Motion to Intervene (Dkt. 198 ) is DENIED. 2. Chesapeake's Motion to Intervene (Dkt. 232 ) is DENIED.3. Vermillion's Motion to Intervene as Defendant-Intervenor (Dkt. 240 ) is DENIED. 4. Ballard's Motion to Intervene as Defendant-Intervenor (Dkt. 242 ) is DENIED. 5. PPRR's Motion to Intervene (Dkt. 253 ) is GRANTED for the limited purpose of securing relief under the Footnote 6 protocol. 6. PPRAs Motion to Intervene (Dkt. 260 ) is DENIED without prejudice to move for limited intervention at a later date as discussed herein. 7. Rebellion IIs and Seven Sisters' Motion to Intervene (Dkt. 262 ) is GRANTED in part, and DENIED in part, as follows: a. Rebellion II and Seven Sisters are permitted to intervene for the limited purpose of securing relief under the Footnote 6 protocol. In this respect, their Motion is GRANTED. b. Rebellion II is not permitted to intervene at this time for the purposes of Phase 2. In this respect, its Motion is DENIED without prejudice. Rebellion II may move for limited intervention at a later date as discussed herein.8. Titan's Motion to Intervene (Dkt. 270 ) is GRANTED in part, and DENIED inpart, as follow s: a. Titan is permitted to intervene for the limited purpose of securing relief under the Footnote 6 protocol. In this respect, its Motion is GRANTED. b. Titan is not permitted to intervene at this time for the purposes of Phase 2 (and beyond). In t his respect, its Motion is DENIED without prejudice. Titan may move for limited intervention at a later date as discussed herein. IT IS ALSO HEREBY ORDERED that, in light of this Memorandum Decision and Order and the relief contained herein, Amicus A pplicants' Motion for Leave to File AmicusCuriae Brief of Moore Mineral Trust (Dkt. 287 ) is DENIED as moot and without prejudice. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) .
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Filing
272
LIMITED MEMORANDUM DECISION AND ORDER RE: ANSCHUTZ EXPLORATION CORPORATION'S MOTION TO INTERVENE (Dkt. 198 ), ANSCHUTZ EXPLORATION CORPORATION'S JOINDER OF MOTIONS TO STAY PENDING APPEAL (Dkt. 205 ), CHESAPEAKE EXPLORATION, LLC'S MO TION TO INTERVENE (Dkt. 232 ). IT IS HEREBY ORDERED that AEC's Motion to Intervene (Dkt. 198 ) is DENIED, in this part: AEC is not entitled to intervene to participate in Phase One's appeal. AEC's Joinder of Motions to Stay Pendi ng Appeal (Dkt. 205 ) is DENIED AS MOOT in light of the Court's May 12, 2020 Memorandum Decision and Order (Dkt. 226 ). Chesapeake's Motion to Intervene (Dkt. 232 ) is DENIED in this part: Chesapeake is not entitled to intervene to participate in Phase One's appeal. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing
226
MEMORANDUM DECISION AND ORDER. Plaintiffs Motion for Reconsideration and Clarification of Phase One Remedies (Dkt. 175 ) is DENIED; Federal Defendants Motion for Partial Stay Pending Appeal (Dkt. 176 ) is GRANTED; Western Energy Alliances Motion fo r Stay Pending Appeal (Dkt. 177 ) and Wyomings Motion for Stay Pending Appeal (Dkt. 181 ) are GRANTED in part, and DENIED, in part, insofar as the Court orders the suspension of operations and production of the Phase One lease sales pending the app eal. Federal Defendants Motion for Expedite Consideration of Motions for Stay Pending Appeal (Dkt. 220 ) is GRANTED; and Plaintiffs Motion for Leave to File Surreply Opposing Motions for Stay Pending Appeal (Dkt. 221 ) is GRANTED. Signed by Judge Ronald E. Bush. (alw)
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Filing
174
MEMORANDUM DECISION AND ORDER. Plaintiff's Motion for Partial Summary Judgment (Phase One) (Dkt. 135 ) upon the Fourth and Fifth Claims for Relief in the First Amended Complaint is GRANTED. Federal Defendant' Motion for Partial Summary Judgment (Phase One) (Dkt. 140 ) is DENIED. Defendant-Intervenors' Motion for Partial Summary Judgment (Dkt. 148 ) is DENIED. Signed by Judge Ronald E. Bush. (alw)
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Filing
150
MEMORANDUM DECISION AND ORDER. It is hereby ORDERED that (1) Jonah's Motion toDismiss or in the Alternative to Transfer (Dkt. 96 ); (2) Wyoming's Motion to Dismiss or in the Alternative to Transfer (Dkt. 97 ); (3) Federal Defendants' Motion to Dismiss for Improper Venue or, in the Alternative, to Sever and Transfer (Dkt. 99 ); and (4) WEA's Motion to Dismiss (Dkt. 100 ) are GRANTED, in part, and DENIED, in part, as follows: 1. Plaintiffs' NPL Claims are not dismissed . In this respect, the above motions are DENIED. 2. Plaintiffs' NPL Claims are severed from this case pursuant to FRCP 21 and transferred to the District of Wyoming pursuant to 28 U.S.C. § 1404(a). In this respect, theabove motions are GRAN TED. The Clerk shall transfer Plaintiffs' NPL Claims as represented broadly by Plaintiffs' Seventh Claim for Relief (see supra at p. 8, n.4) to the United States District Court for theDistrict of Wyoming. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
118
MEMORANDUM DECISION AND ORDER. It is hereby ORDERED that Defendant-Intervenors' Joint Motion to Modify Memorandum Decision and Order (Docket No. 84 ) is GRANTED, in part, and DENIED, in part. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
111
MEMORANDUM DECISION AND ORDER. It is hereby ORDERED that Jonah's Motion to Intervene (Docket No. 85 ) is GRANTED. Jonah's previously-proposed Motion to Dismiss (Docket No. 96 ) represents Jonah's response to Plaintiff's Amended Complaint. It is further hereby ORDERED that, on or before 1/3/19, Jonah, as a new party, must either (1) consent to have a magistrate judge conduct any or allproceedings in the case and order the entry of final judgment, (2) request immediate reassi gnment to a District Judge, or (3) otherwise withhold consent (in which case the action will be reassigned to a District Judge). Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
74
MEMORANDUM DECISION AND ORDER Re: Plaintiffs' Motion for Preliminary Injunction and Preliminary Injunction. Granting in part and Denying in part 30 MOTION for Preliminary Injunction filed by Western Watersheds Project, Center fo r Biological Diversity. ( No later than the close of the Court's business day on 9/28/18, Plaintiffs are required pursuant to Rule 65(c) to post $10,000.00 as security, in cash or by surety in a form compliant with applicable federal law. ). Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
66
MEMORANDUM DECISION AND ORDER Defendants' Motion to Sever and Transfer (Docket No. 12 ) is DENIED; Defendants' Motion for Expedited Consideration of Motion to Sever and Transfer (Docket No. 33 ) is GRANTED the Motion to Sever and Transfe r is now resolved; Plaintiffs' Motion for Leave to File Surreply Brief Opposing Motion to Sever and Transfer (Docket No. 38 ) is GRANTED and the Court has considered the same; and Intervenor Western Energy Alliance's Motion for Leave to Fi le Sur-Reply to Motion to Sever and Transfer (Docket No. 59 ) is GRANTED and the Court has considered the same. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
54
MEMORANDUM DECISION & ORDER It is hereby ORDERED that (1) Wyoming's Motion to Intervene (Docket No. 13 ), and (2) WEA's Motion to Intervene (Docket No. 20 ) are GRANTED. It is further ORDERED that Wyoming and WEA respond to WWP's Co mplaint on or before 9/5/18. It is further hereby ORDERED that, on or before 8/24/18, Wyoming and WEA must each either (1) consent to have a magistrate judge conduct any or all proceedings in the case and order the entry of final judgment, (2) reques t immediate reassignment to a District Judge, or (3) otherwise withhold consent (in which case the action will be reassigned to a District Judge). Parties are free to withhold their consent without adverse substantive consequences, and the Clerk of C ourt will take reasonable steps to ensure the voluntariness and confidentiality of consents and requests for reassignment. Contemporaneous with this Memorandum Decision and Order, the Clerk of Court will issue a Notice of Assignment to a United States Magistrate Judge and Consent Form. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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