Kentucky Chamber of Commerce et al v. United States Enviromental Protection Agency et al

Plaintiff: 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
Defendant: United States Enviromental Protection Agency, Michael S. Regan, Unites States Army Corps of Engineers and Michael Connor
Case Number: 3:2023cv00008
Filed: February 22, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Gregory F VanTatenhove
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 33 U.S.C. § 1319 Clean Water Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2023 Filing 23 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, (LaJuana S. Wilcher via US Mail)
February 28, 2023 Filing 22 ORDER: 1. Plaintiffs' Motion to Consolidate [R. #12 ] 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. #21 ] is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 2/27/2023.(JJ)cc: COR
February 28, 2023 Clerk's Note: All further docketing shall be entered in LEAD CASE 3:23-cv-7-GFVT. (JJ)
February 24, 2023 Filing 21 MOTION for Leave by Michael Connor, Michael S. Regan, United States Enviromental Protection Agency, Unites States Army Corps of Engineers to File a Consolidated Opposition, MOTION for Leave to File Excess Pages by Michael Connor, Michael S. Regan, United States Enviromental Protection Agency, Unites States Army Corps of Engineers ; Consent to Consolidation with 3:23-cv-00007 (Attachments: #1 Proposed Order)(Lee, Hubert)
February 24, 2023 Filing 20 NOTICE of Appearance by Hubert T. Lee on behalf of All Defendants (Lee, Hubert)
February 24, 2023 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #21 DEFENDANT'S MOTION for Leave to file a consolidated opposition (not longer than 50 pages) to both motions for preliminary injunction filed in this matter and in Commonwealth of Kentucky v. EPA, et al., 3:23-00007-GFVT (E.D. Ky.) by no later than March 3, 2023. (CBD)
February 23, 2023 Filing 19 NOTICE of Appearance by Sarah Izfar on behalf of All Defendants (Izfar, Sarah)
February 23, 2023 Filing 18 ORDER: 1. The Defendants SHALL RESPOND to the Motion to Consolidate [R. #12 ] by 5 p.m. on Monday, February 27, 2023; 2. The Defendants SHALL RESPOND to the Motion for Preliminary Injunction [R. #13 ] by 5 p.m. on Friday, March 3, 2023; 3. The Plaintiffs SHALL have until 5 p.m. on Wednesday, March 8, 2023, to reply to any response provided by the Defendants; 4. A Preliminary Injunction hearing is SCHEDULED for Friday, March 10, 2023, at 10:00 a.m. at the federal courthouse in Frankfort, Kentucky; 5. Pursuant to LR 83.2(a), the Plaintiffs' Motions for Admission Pro Hac Vice [R. #6 ; R. #7 ; R. #8 ; R. #9 ; R. #10 ; R. #11 ] are GRANTED; and 6. Kerry McGrath, Elbert Lin, Erica N. Peterson, Matthew Z. Leopold, Stephanie Maloney, and Andrew Varcoe are admitted pro hac vice as counsel for the Plaintiffs in the above styled action; and, 7. 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
February 23, 2023 BAR STATUS Check completed as to Elbert Lin, Matthew Z. Leopold, Kerry L. McGrath, Erica N. Peterson, Andrew R. Varcoe, Stephanie A. Maloney re #6 , #7 , #8 , #9 #10 , #11 (CBD)
February 23, 2023 NOTICE FOR ATTORNEYS TO REQUEST E-Filing Privileges to Kerry McGrath, Elbert Lin, Erica N. Peterson, Matthew Z. Leopold, Stephanie Maloney, and Andrew Varcoe: re #18 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 Kerry McGrath, Elbert Lin, Erica N. Peterson, Matthew Z. Leopold, Stephanie Maloney, and Andrew Varcoe (JJ)
February 23, 2023 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #6 , #7 , #8 , #9 , #10 , #11 MOTIONS to Appear Pro Hac Vice (CBD)
February 22, 2023 Filing 17 Summons Issued as to Michael Connor, Michael S. Regan, United States Enviromental Protection Agency, Unites States Army Corps of Engineers, U.S. Attorney and U.S. Attorney General. Summons issued and returned electronically to counsel (CBD) Modified on 2/23/2023 (CBD).
February 22, 2023 Filing 16 NOTICE OF FILING 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 OF SUMMONS FOR DEFENDANTS (Attachments: #1 Attachment Summons)(English, Charles)
February 22, 2023 Filing 15 Summons Returned Unexecuted by Portland Cement Association, Home Builders Association of Kentucky, Chamber of Commerce of the United States of America, Kentucky Chamber of Commerce, Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce as to All Defendants. (English, Charles)
February 22, 2023 Filing 14 MEMORANDUM in Support of Motion re #13 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 Cem 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. (English, Charles)
February 22, 2023 Filing 13 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 (Attachments: #1 Exhibit A - Declarations 01-11, #2 Exhibit B - 88 Fed. Reg. 3004, #3 Exhibit C - Proposed Order)(English, Charles)
February 22, 2023 Filing 12 MOTION to Consolidate Cases 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 A - Proposed Order)(English, Charles)
February 22, 2023 Filing 11 MOTION for Andrew Varcoe to Appear Pro Hac Vice 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 $125; receipt number AKYEDC-5485748) (Attachments: #1 Exhibit A - Declaration of Andrew Varcoe, #2 Exhibit B - Proposed Order)(English, Charles)
February 22, 2023 Filing 10 MOTION for Stephanie Maloney to Appear Pro Hac Vice 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 $125; receipt number AKYEDC-5485726) (Attachments: #1 Exhibit A - Declaration of Stephanie Maloney, #2 Exhibit B - Proposed Order)(English, Charles)
February 22, 2023 Filing 9 MOTION for Matthew Z. Leopold to Appear Pro Hac Vice 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 $125; receipt number AKYEDC-5485717) (Attachments: #1 Exhibit A - Declaration of Matthew Z. Leopold, #2 Exhibit B - Proposed Order)(English, Charles)
February 22, 2023 Filing 8 MOTION for Erica N. Peterson to Appear Pro Hac Vice 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 $125; receipt number AKYEDC-5485704) (Attachments: #1 Exhibit A - Declaration of Erica Peterson, #2 Exhibit B - Proposed Order)(English, Charles)
February 22, 2023 Filing 7 MOTION for Elbert Lin to Appear Pro Hac Vice 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 $125; receipt number AKYEDC-5485696) (Attachments: #1 Exhibit A - Declaration of Elbert Lin, #2 Exhibit B - Proposed Order)(English, Charles)
February 22, 2023 Filing 6 MOTION for Kerry McGrath to Appear Pro Hac Vice 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 $125; receipt number AKYEDC-5485641) (Attachments: #1 Exhibit A - Declaration of Kerry McGrath, #2 Exhibit B - Proposed Order)(English, Charles)
February 22, 2023 Filing 5 FRCP 7.1 DISCLOSURE STATEMENT 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. (English, Charles)
February 22, 2023 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Charles E. English, Jr. #1 Complaint, has been filed by 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 & Georgia Chamber of Commerce without the required Rule 7.1 Disclosure statements. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (JJ)
February 22, 2023 Filing 3 Summons Issued as to Michael Connor, Michael S. Regan, United States Enviromental Protection Agency, Unites States Army Corps of Engineers. Summons issued and returned electronically to counsel. (JJ)
February 22, 2023 Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5485281), filed by Portland Cement Association, Home Builders Association of Kentucky, Chamber of Commerce of the United States of America, Kentucky Chamber of Commerce, Associated General Contractors of Kentucky, Inc., Georgia Chamber of Commerce. (Attachments: #1 Civil Cover Sheet, #2 Summons)(JJ)
February 22, 2023 Conflict Check run. (JJ)

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Search for this case: Kentucky Chamber of Commerce et al v. United States Enviromental Protection Agency et al
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Plaintiff: Kentucky Chamber of Commerce
Represented By: Charles E. English, Jr.
Represented By: Elbert Lin
Represented By: Erica N. Peterson
Represented By: Kerry L. McGrath
Represented By: LaJuana S. Wilcher
Represented By: Matthew Z. Leopold
Represented By: Sarah Payne-Jarboe
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Plaintiff: Chamber of Commerce of the United States of America
Represented By: Matthew Z. Leopold
Represented By: Stephanie A. Maloney
Represented By: Sarah Payne-Jarboe
Represented By: Andrew R. Varcoe
Represented By: Charles E. English, Jr.
Represented By: Elbert Lin
Represented By: Erica N. Peterson
Represented By: Kerry L. McGrath
Represented By: LaJuana S. Wilcher
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Plaintiff: Associated General Contractors of Kentucky, Inc.
Represented By: Kerry L. McGrath
Represented By: Sarah Payne-Jarboe
Represented By: Charles E. English, Jr.
Represented By: Elbert Lin
Represented By: Erica N. Peterson
Represented By: LaJuana S. Wilcher
Represented By: Matthew Z. Leopold
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Plaintiff: Home Builders Association of Kentucky
Represented By: Charles E. English, Jr.
Represented By: Elbert Lin
Represented By: Erica N. Peterson
Represented By: LaJuana S. Wilcher
Represented By: Matthew Z. Leopold
Represented By: Kerry L. McGrath
Represented By: Sarah Payne-Jarboe
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Plaintiff: Portland Cement Association
Represented By: Elbert Lin
Represented By: Kerry L. McGrath
Represented By: LaJuana S. Wilcher
Represented By: Charles E. English, Jr.
Represented By: Erica N. Peterson
Represented By: Matthew Z. Leopold
Represented By: Sarah Payne-Jarboe
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Plaintiff: Georgia Chamber of Commerce
Represented By: Charles E. English, Jr.
Represented By: Elbert Lin
Represented By: Erica N. Peterson
Represented By: Kerry L. McGrath
Represented By: LaJuana S. Wilcher
Represented By: Matthew Z. Leopold
Represented By: Sarah Payne-Jarboe
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Defendant: United States Enviromental Protection Agency
Represented By: Hubert T. Lee
Represented By: Sarah Izfar
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Defendant: Michael S. Regan
Represented By: Sarah Izfar
Represented By: Hubert T. Lee
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Defendant: Unites States Army Corps of Engineers
Represented By: Sarah Izfar
Represented By: Hubert T. Lee
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Defendant: Michael Connor
Represented By: Sarah Izfar
Represented By: Hubert T. Lee
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