Idaho Conservation League, et al. v. Forest Service, US
Plaintiff: Idaho Conservation League and Greater Yellowstone Coalition
Defendant: U.S. Forest Service
Intervenor Defendant: Excellon Idaho Gold, Inc.
Case Number: 1:2022cv00225
Filed: May 26, 2022
Court: US District Court for the District of Idaho
Presiding Judge: Raymond Edward Patricco
Referring Judge: B Lynn Winmill
Nature of Suit: Environmental Matters
Cause of Action: 30 U.S.C. ยง 1201 Environment: Review of Agency Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2023 Filing 28 RESPONSE to Motion re #24 MOTION for Summary Judgment , #22 Cross MOTION for Summary Judgment (Plaintiffs Combined Response/Reply) filed by Greater Yellowstone Coalition, Idaho Conservation League. Replies due by 1/24/2023.(Hurlbutt, Bryan)
December 20, 2022 Filing 27 DOCKET ENTRY NOTICE OF HEARING regarding #19 MOTION for Summary Judgment, #22 Cross MOTION for Summary Judgment, and #24 MOTION for Summary Judgment: A Video Motion Hearing is set for 3/9/2023 at 2:00 PM (Mountain Time) via Zoom before Judge B Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)
December 6, 2022 Filing 26 Statement of Material Facts not in Dispute re #24 MOTION for Summary Judgment filed by Excellon Idaho Gold, Inc..(Malmen, Erika)
December 6, 2022 Filing 25 MEMORANDUM in Support re #24 MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment filed by Excellon Idaho Gold, Inc..(Malmen, Erika)
December 6, 2022 Filing 24 MOTION for Summary Judgment Erika Eaton Malmen appearing for Intervenor Defendant Excellon Idaho Gold, Inc.. Responses due by 12/27/2022 (Attachments: #1 Memorandum in Support Defendant-Intervenor's Memorandum in Support of Cross-Motion for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment)(Malmen, Erika)
December 6, 2022 Filing 23 RESPONSE to Motion re #19 MOTION for Summary Judgment filed by U.S. Forest Service. Replies due by 12/20/2022. (Attachments: #1 Response to Statement of Facts)(Pettigrew, Shaun)
December 6, 2022 Filing 22 Cross MOTION for Summary Judgment Shaun M Pettigrew appearing for Defendant U.S. Forest Service. Responses due by 12/27/2022 (Attachments: #1 Statement of Facts, #2 Memorandum in Support)(Pettigrew, Shaun)
November 16, 2022 Filing 21 DOCKET ENTRY NOTICE OF HEARING regarding #19 MOTION for Summary Judgment: A Video Motion Hearing is set for 3/9/2023 at 2:00 PM (Mountain Time) via Zoom before Judge B Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)
November 1, 2022 Filing 20 NOTICE by Greater Yellowstone Coalition, Idaho Conservation League re #19 MOTION for Summary Judgment of Filing of Corrected Opening Brief (to add missing page in Table of Authorities) (Hurlbutt, Bryan)
November 1, 2022 Filing 19 MOTION for Summary Judgment Bryan Jack Hurlbutt appearing for Plaintiffs Greater Yellowstone Coalition, Idaho Conservation League. Responses due by 11/22/2022 (Attachments: #1 Separate Statement of Facts, #2 Opening Brief, #3 Michalski Declaratioin, #4 Johnson Declaration, #5 Rolet Declaration, #6 Heugel Declaration)(Hurlbutt, Bryan)
October 7, 2022 Filing 18 NOTICE by U.S. Forest Service of Supplement to the Administrative Record (Attachments: #1 2014 Kilgore North EA, #2 2014 Kilgore North DN/FONSI, #3 2017 Kilgore Gold and Mine Ridge Decision Memo, #4 2017 Kilgore Gold and Mine Ridge Plan of Operations, #5 2017 Kilgore Project EA, #6 2017 Kilgore Project DN/FONSI, #7 2017 Kilgore Project Plan of Operations)(Pettigrew, Shaun)
September 28, 2022 Opinion or Order Filing 17 SCHEDULING ORDER TRACK: (Legal) - Plaintiffs motion for summary judgment and opening brief shall be filed by November 1, 2022. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
September 6, 2022 Filing 16 NOTICE by U.S. Forest Service of Lodging the Administrative Record (Attachments: #1 Declaration of Ashly Kula, #2 Administrative Record Index)(Pettigrew, Shaun) Lodging received 2 USB drives and are maintained in the Clerk's office file room. Modified on 9/13/2022, to add lodging information (jd).
August 30, 2022 Filing 15 Defendant-Intervenor Excellon Idaho Gold, Inc.'s ANSWER to #1 Complaint by Excellon Idaho Gold, Inc..(Malmen, Erika)
August 24, 2022 Filing 14 ANSWER to #1 Complaint by U.S. Forest Service.(Pettigrew, Shaun)
August 15, 2022 Filing 13 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Greater Yellowstone Coalition, Idaho Conservation League. (Hurlbutt, Bryan)
August 11, 2022 Filing 12 Corporate Disclosure Statement by Excellon Idaho Gold, Inc. identifying Corporate Parent Otis Gold Corp., Other Affiliate Excellon Resources Inc. for Excellon Idaho Gold, Inc.. (Malmen, Erika)
July 1, 2022 Opinion or Order Filing 11 DOCKET ENTRY ORDER granting Motion to Intervene (Dkt. #7 ). Excellon Idaho Gold, Inc Corp. is granted permissive intervention under Fed. R. Civ. P. 24(b). Signed by Judge B Lynn Winmill. (hgp)
July 1, 2022 Opinion or Order Filing 10 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - The Court will conduct a telephonic scheduling conference on September 28, 2022, at 10:30 a.m. On or before September 21, 2022, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
June 30, 2022 Filing 9 NOTICE of Appearance by Shaun M Pettigrew on behalf of U.S. Forest Service (Pettigrew, Shaun)
June 29, 2022 Filing 8 RESPONSE to Motion re #7 MOTION to Intervene (Notice of Non-Opposition) filed by Greater Yellowstone Coalition, Idaho Conservation League. Replies due by 7/13/2022.(Hurlbutt, Bryan)
June 17, 2022 Filing 7 MOTION to Intervene Erika Eaton Malmen, Robert A Maynard, Kaycee May Royer appearing for Defendant Excellon Idaho Gold, Inc.. Responses due by 7/8/2022 (Attachments: #1 Memorandum in Support, #2 Declaration of Phillip Bandy, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration)(Malmen, Erika)
May 27, 2022 Opinion or Order Filing 6 DOCKET ENTRY ORDER: This action was filed and assigned to the undersigned on May 26, 2022. Consistent with the May 25, 2022 Memorandum Decision and Order filed in Case No. 1:18-cv-00504-BLW, IT IS HEREBY ORDERED that this case be REASSIGNED to U.S. District Judge B. Lynn Winmill. Signed by Judge Raymond E. Patricco, Jr. (dg)
May 27, 2022 DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B Lynn Winmill for all further proceedings. Judge Raymond Edward Patricco, Jr no longer assigned to case. Please use this case number on all future pleadings, 1:22-cv-00225-BLW. (jd)
May 26, 2022 Filing 5 Summons Issued as to U.S. Forest Service. (Print attached Summons for service.) (jd)
May 26, 2022 Opinion or Order Filing 4 DOCKET ENTRY ORDER approving #2 Motion for Pro Hac Vice Appearance for Roger Flynn on behalf of Plaintiff's. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Approved by Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
May 26, 2022 Filing 3 Corporate Disclosure Statement by Greater Yellowstone Coalition, Idaho Conservation League. (Hurlbutt, Bryan)
May 26, 2022 Filing 2 MOTION FOR PRO HAC VICE APPEARANCE by Roger Flynn. ( Filing fee $ 250 receipt number AIDDC-2400128.)Bryan Jack Hurlbutt appearing for Plaintiffs Greater Yellowstone Coalition, Idaho Conservation League. Responses due by 6/16/2022 (Hurlbutt, Bryan)
May 26, 2022 Filing 1 COMPLAINT against Forest Service, US ( Filing fee $ 402 receipt number AIDDC-2400105.), filed by All Plaintiffs. (Attachments: #1 Cover Sheet, #2 Summons)(Hurlbutt, Bryan) (Attachment 1 replaced on 5/27/2022) (jd).

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Plaintiff: Idaho Conservation League
Represented By: Bryan Jack Hurlbutt
Represented By: Laurence J Lucas
Represented By: Roger Flynn
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Plaintiff: Greater Yellowstone Coalition
Represented By: Bryan Jack Hurlbutt
Represented By: Laurence J Lucas
Represented By: Roger Flynn
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Defendant: U.S. Forest Service
Represented By: Shaun M Pettigrew
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Intervenor defendant: Excellon Idaho Gold, Inc.
Represented By: Kaycee May Royer
Represented By: Robert A Maynard
Represented By: Erika Eaton Malmen
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