Commonwealth of Kentucky v. United States Environmental Protection Agency et al
| Commonwealth of Kentucky, Kentucky Chamber of Commerce, Chamber of Commerce of the United States of America, Associated General Contractors of Kentucky, Inc., Home Builders Association of Kentucky, Portland Cement Association and Georgia Chamber of Commerce |
| United States Environmental Protection Agency, United States Army Corps of Engineers, Michael S. Regan, Lieutenant General Scott A, Spellman and Michael L. Conner |
| Kentucky Resources Council, Inc., National Wildlife Federation, The, Florida Wildlife Federation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation, Izaak Walton League of America and Minnesota Division of the Izaak Walton League of America |
| 3:2023cv00007 |
| February 22, 2023 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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Filing 64
ORDER of USCA as to #61 Notice of Appeal, filed by Associated General Contractors of Kentucky, Inc., Kentucky Chamber of Commerce, Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Portland Cement Association, Home Builders Association of Kentucky, #60 Notice of Appeal filed by Commonwealth of Kentucky - An administrative stay of enforcement of the Agency's final rule is GRANTED until May 10, 2023. Responses to the plaintiffs motions for an injunction pending appeal are to be filed no later than May 1, 2023, and replies no later than May 5, 2023. (JJ)
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Filing 63
USCA Case Number 23-5345 Case Manager C. Anthony Milton for #61 Notice of Appeal, filed by Associated General Contractors of Kentucky, Inc., Kentucky Chamber of Commerce, Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Portland Cement Association, Home Builders Association of Kentucky. (JJ)
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Filing 62
USCA Case Number 23-5343 Case Manager C. Anthony Milton for #60 Notice of Appeal filed by Commonwealth of Kentucky. (JJ)
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Filing 61
NOTICE OF APPEAL as to #51 Memorandum Opinion & Order by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association. Filing fee $ 505, receipt number AKYEDC-5533804. (Lin, Elbert) Modified text on 4/19/2023 (JJ).
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Filing 60
NOTICE OF APPEAL as to #51 Memorandum Opinion & Order, by Commonwealth of Kentucky. Filing fee $ 505, receipt number AKYEDC-5533708. (Thacker, Christopher) Modified text on 4/18/2023 (JJ).
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #52 EMERGENCY MOTION for Preliminary Injunction Pending Appeal by Commonwealth of Kentucky (JJ)
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Filing 59
NOTICE OF WAIVER OF REPLY REPLY to #52 , #57 Waiver of Reply Brief filed by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association. (Lin, Elbert) Modified text on 4/14/2023 (CBD).
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Filing 58
WAIVER OF REPLY AND NOTICE OF INTENT TO APPEAL PROMPTLY re #52 , #57 Waiver of Reply Brief filed by Commonwealth of Kentucky. (Thacker, Christopher) Modified text on 4/14/2023 (CBD).
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Filing 57
RESPONSE in Opposition re #52 EMERGENCY MOTION for Preliminary Injunction by Commonwealth of Kentucky Pending Appeal, #53 EMERGENCY MOTION for Preliminary Injunction by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Por filed by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency. (Attachments: #1 Exhibit 1 OR Cattlemen Or. Tr.)(Lee, Hubert)
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Filing 56
RESPONSE to #55 Notice of Supplemental Authority filed by Commonwealth of Kentucky. (Thacker, Christopher)
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Filing 55
NOTICE of Decision in Related Case by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency (Attachments: #1 Attachment West Virginia v. EPA, No. 3:23-cv-032 (D.N.D.) Order granting motion for preliminary relief)(Shea, Sonya) Modified text on 4/12/2023 (JJ).
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Filing 54
ORDER: Defendants are hereby ORDERED to respond to the Motions [R. #52 ; R. #53 ] within seven (7) days following the entry of this Order. Signed by Judge Gregory F. Van Tatenhove on 4/6/2023.(JJ)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #53 EMERGENCY MOTION for Preliminary Injunction by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Por (JJ)
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Filing 53
EMERGENCY MOTION for Preliminary Injunction by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association Pending Appeal (Attachments: #1 Proposed Order Granting Injunction Pending Appeal)(Lin, Elbert)
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Filing 52
EMERGENCY MOTION for Preliminary Injunction by Commonwealth of Kentucky Pending Appeal (Attachments: #1 Proposed Order Granting Injunction Pending Appeal)(Thacker, Christopher)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #52 EMERGENCY MOTION for Preliminary Injunction by Commonwealth of Kentucky Pending Appeal (JJ)
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Filing 51
OPINION & ORDER: 1. The Commonwealths Motion for Preliminary Injunction R. #10 is DENIED WITHOUT PREJUDICE; 2. The private-sector plafs Motion for Preliminary Injunction R. #18 is DENIED WITHOUT PREJUDICE; 3. The claims are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; and,4. This matter is STRICKEN from the Courts active docket. Signed by Judge Gregory F. Van Tatenhove on 3/31/23.(MJY)cc: COR, (Harrison G. Kilgore & LaJuana S. Wilcher via US Mail) Modified text on 3/31/2023 (MJY).
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Filing 50
SUMMONS Returned Executed by Home Builders Association of Kentucky, Chamber of Commerce of the United States of America, Associated General Contractors of Kentucky, Inc., Portland Cement Association, Georgia Chamber of Commerce, Kentucky Chamber of Commerce via certified mail to Michael L. Conner served on 2/27/2023; Michael S. Regan served on 3/1/2023; United States Army Corps of Engineers served on 2/27/2023; United States Environmental Protection Agency served on 2/27/2023. Service to U.S. Attorney executed via Certified mail on 2/27/23; Service to U.S. Attorney General executed via Certified mail on 3/1/23. (Attachments: #1 Proof of Service EPA to Attorney General, #2 Proof of Service EPA to US Attorney, #3 Proof of Service Regan to EPA, #4 Proof of Service Regan to Attorney General, #5 Proof of Service Regan to US Attorney, #6 Proof of Service Army Corps, #7 Proof of Service Army Corps to Attorney General, #8 Proof of Service Army Corps to US Attorney, #9 Proof of Service Connor at Pentagon, #10 Proof of Service Connor to US Attorney General, #11 Proof of Service Connor to US Attorney)(Peterson, Erica)
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***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #46 Notice of Supplemental Authority, #47 RESPONSE, #48 RESPONSE, #49 REPLY (JJ)
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Filing 49
REPLY to #48 , #47 Responses to Notice of Supplemental Authority #46 filed by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency. (Lee, Hubert)
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Filing 48
RESPONSE to #46 Notice of Supplemental Authority filed by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association. (Lin, Elbert)
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Filing 47
RESPONSE to #46 Notice of Supplemental Authority filed by Commonwealth of Kentucky. (Thacker, Christopher)
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Filing 46
NOTICE OF SUPPLEMENTAL AUTHORITY by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency re #10 MOTION for Preliminary Injunction by Commonwealth of Kentucky, #17 MOTION for Preliminary Injunction by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association, Georgia Chamb (Attachments: #1 Attachment Texas v. EPA, No. 3:23-cv-17 (S.D. Tex.) Order granting and denying motions for preliminary relief)(Shea, Sonya) Modified text on 3/20/2023 (JJ).
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Filing 45
TRANSCRIPT of Proceedings: MOTION held on 3/10/2023 before Judge Van Tatenhove. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: SONYA SHEA. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 4/6/2023. Redacted Transcript Deadline set for 4/17/2023. Release of Transcript Restriction set for 6/15/2023.
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Filing 44
MINUTE ENTRY ORDER FOR MOTION HEARING held on 3/10/2023, before Judge Gregory F. VanTatenhove: 1. The Plfs motions for prelitminary injunction R. #10 and #17 shall STAND SUBMITTED. 2. An order outlining the Court's specific rulings is forthcoming. (Court Reporter Linda Mullen.) Signed by Gregory F. Van Tatenhove. (MJY) cc: COR; Paper copy to Harrison Gray Kilgore & LaJuana S. Wilcher via US Mail. Modified text on 3/10/2023 (MJY).
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Filing 43
AMICUS CURIAE BRIEF in OPPOSITION to #10 , #17 filed by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation. (JJ)
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Filing 42
ORDER: 1. The Motion to file Amicus Curiae brief [R. #41 ] is GRANTED; 2. The Amicus Curiae brief in opposition to the Plaintiffs' Motion for Preliminary Injunction [R. #41 -1] is deemed filed as of the date it was received. Signed by Judge Gregory F. Van Tatenhove on 3/10/2023.(JJ)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #41 MOTION for Leave to File Amicus Curiae Brief by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation (JJ)
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Filing 41
MOTION for Leave to File by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation Amicus Curiae Brief (Attachments: #1 Attachment 1 - Proposed Amicus Curiae Brief in Opposition to Plaintiffs' Motions for Preliminary Injunction, #2 Proposed Order)(Sabath, Mark)
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Filing 40
REPLY to Response to Motion re #17 MOTION for Preliminary Injunction by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association, Georgia Chamb filed by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association. (Attachments: #1 Exhibit - Economic Analysis for the Final "Revised Definition of Waters of the United States" Rule)Filed per Order #38 (CBD)
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Filing 39
REPLY to Response to Motion re #10 MOTION for Preliminary Injunction by Commonwealth of Kentucky filed by Commonwealth of Kentucky. Filed per Order #38 (CBD)
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Filing 38
ORDER: Motions (R. #36 ; R. #37 ) for Leave to File Excess Pages are GRANTED. Signed by Judge Gregory F. Van Tatenhove on 3/9/2023. (CBD)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #10 MOTION for Preliminary Injunction, #17 MOTION for Preliminary Injunction (CBD)
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Filing 37
MOTION for Leave to File Excess Pages by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association (Attachments: #1 Attachment Tendered Reply Brief, #2 Attachment Exhibit 1 to Tendered Reply Brief, #3 Proposed Order Proposed Order Granting Mot. for Excess Pages)(Lin, Elbert)
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Filing 36
MOTION for Leave to File Excess Pages by Commonwealth of Kentucky (Attachments: #1 Attachment Tendered Reply Brief, #2 Proposed Order Granting Mot. for Excess Pages)(Thacker, Christopher)
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Filing 35
MEMORANDUM OPINION & ORDER: 1. The Motion to Intervene [R. #22 ] is DENIED WITHOUT PREJUDICE; 2. Should the Proposed Intervenors wish to participate as amicus curiae, their Counsel should file a motion seeking leave to file such a memorandum, attaching the amicus brief as an exhibit by 5 p.m. on March 13, 2023; and, 3. The Proposed Intervenors' Motion for Leave to file a consolidated response [R. #32 ] is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 3/7/2023.(JJ)cc: COR and Mark Sabath, Kelly F. Moser, Nicholas S. Torrey, and Megan Huynh by US Mail
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Filing 34
ORDER: 1. The Motions for Admission Pro Hac Vice [R. #23 ; R. #24 ; R. #25 ; R. #26 ] are GRANTED; and 2. Mark Sabath, Kelly F. Moser, Nicholas S. Torrey, and Megan Huynh are admitted pro hac vice as counsel for the intervening parties in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 3/7/2023. (JJ)cc: COR and Mark Sabath, Kelly F. Moser, Nicholas S. Torrey, and Megan H by US Mail
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Mark Sabath, Kelly F. Moser, Nicholas S. Torrey, and Megan Huynh: re #34 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Mark Sabath, Kelly F. Moser, Nicholas S. Torrey, and Megan Huynh (JJ)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #22 MOTION to Intervene by Kentucky Resources Council, Inc., National Wildlife Federation, The, Florida Wildlife Federation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation, Izaak Walton League of Ame, #32 MOTION for Leave to File a Consolidated Response to Plaintiffs' Motions for Preliminary Injunction by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South (JJ)
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Filing 33
REPLY to Response to Motion re #22 MOTION to Intervene by Kentucky Resources Council, Inc., National Wildlife Federation, The, Florida Wildlife Federation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation, Izaak Walton League of Ame filed by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation. (Attachments: #1 Exhibit A - Pre-publication Rule)(Wilmes, Ashley)
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Filing 32
MOTION for Leave to File a Consolidated Response to Plaintiffs' Motions for Preliminary Injunction by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation (Attachments: #1 Attachment Proposed Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #2 Proposed Order)(Wilmes, Ashley) Modified on 3/6/2023 (JJ).
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Filing 31
RESPONSE in Opposition re #10 MOTION for Preliminary Injunction by Commonwealth of Kentucky, #17 MOTION for Preliminary Injunction by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association, Georgia Chamb filed by Michael L. Conner, Michael S. Regan, Scott A, Spellman, Tennessee Wildlife Federation, United States Army Corps of Engineers, United States Environmental Protection Agency. (Attachments: #1 Exhibit 1 - Text of 1986 Regulations, #2 Exhibit 2 - Rapanos Guidance, #3 Exhibit 3 - History of the Effects of Litigation, #4 Exhibit 4 - 2023 Rule Text, #5 Exhibit 5 - Econ. Analysis Excerpts, #6 Exhibit 6 - 2023 Rule RTC Excerpts, #7 Exhibit 7 - Corps Guidance Letter Excerpts, #8 Exhibit 8 - Corps Impact Analysis, #9 Exhibit 9 - US CoC Public Comments, #10 Exhibit 10 - Nat'l Stone Sand Gravel Ass'n Public Comments, #11 Exhibit 11 - Waters Advocacy Coalition Public Comments)(Lee, Hubert)
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Filing 30
RESPONSE in Opposition re #22 MOTION to Intervene by Kentucky Resources Council, Inc., National Wildlife Federation, The, Florida Wildlife Federation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation, Izaak Walton League of Ame filed by Commonwealth of Kentucky. (Thacker, Christopher)
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Filing 29
NOTICE of Appearance by Sonya Shea, DOJ on behalf of All Defendants (Shea, Sonya)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #23 MOTION for Mark Sabath, #26 MOTION for Megan Huynh, #24 MOTION for Kelly F. Moser & #25 MOTION for Nicholas S. Torrey to Appear Pro Hac Vice by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation. (JJ)
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BAR STATUS Check completed as to Mark Sabath, Kelly F. Moser, Nicholas S. Torrey, Megan Hinkle Huynh re #24 MOTION for Kelly F. Moser to Appear Pro Hac Vice, #23 MOTION for Mark Sabath to Appear Pro Hac Vice, #26 MOTION for Megan Huynh to Appear Pro Hac Vice, #25 MOTION for Nicholas S. Torrey to Appear Pro Hac Vice by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation.(JJ)
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Filing 28
RESPONSE in Opposition re #22 MOTION to Intervene by Kentucky Resources Council, Inc., National Wildlife Federation, The, Florida Wildlife Federation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation, Izaak Walton League of Ame filed by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association. (Lin, Elbert)
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Filing 27
FRCP 7.1 DISCLOSURE STATEMENT by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation. (Wilmes, Ashley)
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Filing 26
MOTION for Megan Huynh to Appear Pro Hac Vice by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation ( Filing fee $125; receipt number AKYEDC-5493967) (Attachments: #1 Attachment Declaration in Support, #2 Proposed Order)(Wilmes, Ashley)
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Filing 25
MOTION for Nicholas S. Torrey to Appear Pro Hac Vice by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation ( Filing fee $125; receipt number AKYEDC-5493966) (Attachments: #1 Attachment Declaration in Support, #2 Proposed Order)(Wilmes, Ashley)
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Filing 24
MOTION for Kelly F. Moser to Appear Pro Hac Vice by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation ( Filing fee $125; receipt number AKYEDC-5493965) (Attachments: #1 Attachment Declaration in Support, #2 Proposed Order)(Wilmes, Ashley)
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Filing 23
MOTION for Mark Sabath to Appear Pro Hac Vice by Florida Wildlife Federation, Izaak Walton League of America, Kentucky Resources Council, Inc., Minnesota Division of the Izaak Walton League of America, National Wildlife Federation, The, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation ( Filing fee $125; receipt number AKYEDC-5493964) (Attachments: #1 Attachment Declaration in Support, #2 Proposed Order)(Wilmes, Ashley)
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Filing 22
MOTION to Intervene by Kentucky Resources Council, Inc., National Wildlife Federation, The, Florida Wildlife Federation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, Tennessee Wildlife Federation, Izaak Walton League of America, Minnesota Division of the Izaak Walton League of America (Attachments: #1 Exhibit A - Wilmes Declaration, #2 Exhibit B - Murphy Declaration, #3 Exhibit C - Gledhill Declaration, #4 Exhibit D - Gestwicki Declaration, #5 Exhibit E - Green Declaration, #6 Exhibit F - Butler Declaration, #7 Exhibit G - Korarovics Declaration, #8 Exhibit H - Norton Declaration, #9 Exhibit I - Roll Declaration, #10 Exhibit J - Fuller Declaration, #11 Exhibit K - Brown Declaration, #12 Exhibit L - Bebber Declaration, #13 Exhibit M - Staffon Declaration, #14 Exhibit N - Berry Declaration, #15 Exhibit O - Wicks Declaration, #16 Attachment Proposed Answer, #17 Attachment Proposed Answer, #18 Proposed Order)(Wilmes, Ashley)
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Filing 21
NOTICE of Appearance by Elliot Higgins on behalf of All Defendants (Higgins, Elliot)
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Filing 20
NOTICE OF FILING of Certified Administrative Index by Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency (Attachments: #1 Certified Administrative Index)(Lee, Hubert) Modified text on 2/28/2023 (CBD).
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Filing 19
NOTICE OF APPEARANCE by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency. (Doyle, Andrew)
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Filing 18
MEMORANDUM IN SUPPORT of #17 MOTION for Preliminary Injunction filed by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Georgia Chamber of Commerce, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association. Filed in Member Case 3:23-cv-8-GFVT at DE #14 (JJ)
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Filing 17
MOTION for Preliminary Injunction by Associated General Contractors of Kentucky, Inc., Chamber of Commerce of the United States of America, Home Builders Association of Kentucky, Kentucky Chamber of Commerce, Portland Cement Association, Georgia Chamber of Commerce. Filed in Member Case 3:23-cv-8-GFVT at DE #13 . (Attachments: #1 Exhibit A - Declarations 01-11, #2 Exhibit B - 88 Fed. Reg. 3004, #3 Proposed Order)(JJ)
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Filing 16
ORDER: 1. Plaintiffs' Motion to Consolidate [R. #7 ] is GRANTED; 2. Frankfort Civil Action No. 3:23-cv-00007-GFVT and Frankfort Civil Action No. 3:23-cv-00008 are CONSOLIDATED for all purposes; 3. The lead case SHALL hereafter be 3:23-cv-00007-GFVT; 4. All further docketing SHALL occur in the lead case; and, 5. Defendants' Motion for Leave to file a consolidated response and to file excess pages [R. #13 ] is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 2/27/2023.(JJ)cc: COR
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Filing 15
RESPONSE to Motion re #13 MOTION for Leave by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency to File a Consolidated Opposition MOTION for Leave to File Excess Pages by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency ; Consent to Consolidation with 3:23-cv-00008 filed by Commonwealth of Kentucky. (Thacker, Christopher)
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Filing 14
RESPONSE to Motion re #7 MOTION to Consolidate Cases by Commonwealth of Kentucky filed by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency. Filed pursuant to QC re DE #13 . (JJ)
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Filing 13
MOTION for Leave by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency to File a Consolidated Opposition, MOTION for Leave to File Excess Pages by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency ; Consent to Consolidation with 3:23-cv-00008 (Attachments: #1 Proposed Order)(Lee, Hubert)
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Filing 12
NOTICE of Appearance by Hubert T. Lee on behalf of Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency (Lee, Hubert)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #13 MOTION for Leave by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency to File a Consolidated Opposition MOTION for Leave to File Excess Pages by Michael L. Conner, Michael S. Regan, Scott A, Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency ; Consent to Consolidation with 3:23-cv-00008 (JJ)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #7 MOTION to Consolidate Cases by Commonwealth of Kentucky (JJ)
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Filing 11
NOTICE of Appearance by Sarah Izfar on behalf of All Defendants (Izfar, Sarah)
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Filing 10
MOTION for Preliminary Injunction by Commonwealth of Kentucky. Filed per #9 Order entered 2/23/23. (Attachments: #1 Exhibit Declaration, #2 Proposed Order)(JJ)
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Filing 9
ORDER: 1. Plaintiff's Motion for Leave to File Excess Pages [R. #5 ] is GRANTED; 2. The Clerk of Court is DIRECTED to file the tendered Motion [R. #5 -2] as a pending Motion for Preliminary Injunction; 3. The Plaintiff's Motion to Expedite [R. 8] is GRANTED; 4. The Defendants SHALL RESPOND to the Motion to Consolidate [R. #7 ] by 5 p.m. on Monday, February 27, 2023; 5. The Defendants SHALL RESPOND to the Motion for Preliminary Injunction by 5 p.m. on Friday, March 3, 2023; 6. The Plaintiff SHALL have until 5 p.m. on Wednesday, March 8, 2023, to reply to any response provided by the Defendants; 7. MOTION HEARING re Preliminary Injunction set for 3/10/2023 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove; and 8. 8. The Plaintiffs are DIRECTED to serve a copy of this Order on the Defendants as soon as reasonably practicable. Signed by Judge Gregory F. Van Tatenhove on 2/23/2023.(JJ)cc: COR,Fkt
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #8 EMERGENCY MOTION to Expedite by Commonwealth of Kentucky (JJ)
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Filing 8
EMERGENCY MOTION to Expedite by Commonwealth of Kentucky (Attachments: #1 Proposed Order)(Keiser, Lindsey)
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Filing 7
MOTION to Consolidate Cases by Commonwealth of Kentucky (Attachments: #1 Proposed Order)(Keiser, Lindsey)
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Filing 6
Summons Issued as to Michael L. Conner, Michael S. Regan, Scott A. Spellman, United States Army Corps of Engineers, United States Environmental Protection Agency. Summons issued and returned electronically to counsel. (JJ)
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Filing 5
MOTION for Leave to File Excess Pages by Commonwealth of Kentucky (Attachments: #1 Proposed Order Granting Motion to Exceed Page Limit, #2 Attachment Tendered Motion for Preliminary Injunction, #3 Exhibit Ex 1 to PI Motion: Declaration of John Horne, #4 Proposed Order Granting PI Motion)(Thacker, Christopher)
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Filing 4
NOTICE OF FILING by Commonwealth of Kentucky re #1 Complaint (Attachments: #1 Summons EPA, #2 Summons Regan, #3 Summons Army Corps of Engineers, #4 Summons Spellmon, #5 Summons Connor)(Keiser, Lindsey)
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Filing 2
NOTICE TO ATTORNEY Harrison G Kilgore by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 LR 83.1 Admission Packet, #2 LR 83.2 PHV Admission Information)(CBD)
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Filing 1
COMPLAINT ( Filing fee $402; receipt number AKYEDC-5484762), filed by Commonwealth of Kentucky. (Attachments: #1 Ex 1 - Final Rule, #2 Ex 2- Proposed Rule, #3 Ex 3 - States' Comment Ltr, #4 Ex 4 - KFB Comment Ltr)(CBD)
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Clerk's Note: re #2 Notice to Attorney re Harrison Kilgore- Attorney Admission Application delivered this date.(CBD)
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Conflict Check run. (CBD)
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***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #5 MOTION for Leave to File Excess Pages re Motion for Preliminary Injunction by Commonwealth of Kentucky (CBD)
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NOTICE OF DEFICIENCY TO Chistopher Thacker re #1 Complaint Error: attorney notified clerk the summons should be returned via [pick up or US Mail]; however, a prepared summons was not attached to the electronic filing of the complaint in the fictitious miscellaneous case number 23-99999. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a document entitled Notice of Filing with the prepared summons as an attachment within 7 calendar days. cc: COR (CBD) Modified text on 2/22/2023 (CBD).
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