RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE v. UNITED STATES DEPARTMENT OF THE INTERIOR et al
| RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE |
| United States Department of the Interior, DEB HAALAND, Bureau of Ocean Energy Management, AMANDA LEFTON, National Marine Fisheries Service, RICHARD W. SPINRAD, United States Department of the Army, CHRISTINE WORMUTH, United States Army Corps of Engineers and JAMIE A. PINKHAM |
| Vineyard Wind 1 LLC |
| 1:2022cv11172 |
| July 20, 2022 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Environmental Matters |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 45 Opposition re #43 MOTION to Strike #27 SSA Administrative Record, #17 SSA Administrative Record,, #23 SSA Administrative Record, #24 SSA Administrative Record, and Supplement Administrative Record filed by Vineyard Wind 1 LLC. (Pirozzolo, Jack) |
| Filing 44 Opposition re #43 MOTION to Strike #27 SSA Administrative Record, #17 SSA Administrative Record,, #23 SSA Administrative Record, #24 SSA Administrative Record, and Supplement Administrative Record filed by Bureau of Ocean Energy Management, DEB HAALAND, AMANDA LEFTON, National Marine Fisheries Service, JAMIE A. PINKHAM, RICHARD W. SPINRAD, United States Army Corps of Engineers, United States Department of the Army, United States Department of the Interior, CHRISTINE WORMUTH. (Attachments: #1 Exhibit Joint ROD (Partial), #2 Exhibit FEIS Vol. 1 (Partial), #3 Exhibit Corps Aug. 2021 Supplement, #4 Exhibit Corps Jan. 2022 Supplement, #5 Exhibit COP for Permit Application (Partial), #6 Exhibit Conditions of Construction (Partial))(Rosen, Perry) |
| Filing 43 MOTION to Strike #27 SSA Administrative Record, #17 SSA Administrative Record,, #23 SSA Administrative Record, #24 SSA Administrative Record, and Supplement Administrative Record by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE. (Attachments: #1 Exhibit Memorandum in Support of Plaintiffs Motion to Strike Documents From and Supplement the Administrative Record, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Marzulla, Roger) |
| Filing 42 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached. Associated Cases: 1:22-cv-11091-IT, 1:22-cv-11172-IT (Kelly, Danielle) |
| Filing 41 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 8/17/2022. (Both 1:22-cv-11091-IT and 1:22-cv-11172 were heard.) Case called. Court had colloquy with counsel. Cases are not consolidated but if documents are filed that are identical, both case captions shall be listed. Any distinctions/differences shall be noted. Court advised counsel on filing procedures and the separate filing of Rule 56.1 statements of undisputed material facts. (In 1:21-cv-11390-IT, the statement will be ordered to be filed.) A hearing on summary judgment motions to be set once briefing is completed. The motion as to page limits denied without prejudice and will be renewed brief by brief. Proposed schedule adopted in both cases: a. Plaintiffs motion for summary judgment, statement of facts, and brief in support of motion: November 1, 2022; b. Federal Defendants opposition and cross-motion, statement of facts, and brief in opposition and in support of cross-motion: December 13, 2022; c. Defendant-Intervenors opposition and cross-motion, statement of facts, and brief in opposition and in support of cross-motion: December 20, 2022; d. Plaintiffs' brief in opposition and reply: January 24, 2023; e. Federal Defendants' reply: February 28, 2023; and, f. Defendant-Intervenor's reply: March 7, 2023. Counsel shall endeavor to jointly file a single consolidated statement of facts no later than December 20, 2022. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Theodore Hadzi-Antich, Mark Brown, Luther L. Hajek, Connor William Mighell, Perry M. Rosen,David T. Buente, Jack W. Pirozzolo, Ira H. Zaleznik, Roger J. Marzulla, Angela Ellis) Associated Cases: 1:22-cv-11091-IT, 1:22-cv-11172-IT(MacDonald, Gail) |
| Filing 40 JOINT SUBMISSION pursuant to Local Rule 16.1 by Bureau of Ocean Energy Management, DEB HAALAND, AMANDA LEFTON, National Marine Fisheries Service, JAMIE A. PINKHAM, RICHARD W. SPINRAD, United States Army Corps of Engineers, United States Department of the Army, United States Department of the Interior, CHRISTINE WORMUTH. (Attachments: #1 Text of Proposed Order)(Brown, Mark) |
| Filing 39 NOTICE of Appearance by Mark Brown on behalf of Bureau of Ocean Energy Management, DEB HAALAND, AMANDA LEFTON, National Marine Fisheries Service, JAMIE A. PINKHAM, RICHARD W. SPINRAD, United States Army Corps of Engineers, United States Department of the Army, United States Department of the Interior, CHRISTINE WORMUTH (Brown, Mark) |
| Filing 38 NOTICE of Appearance by Roger J. Marzulla on behalf of RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE (Marzulla, Roger) |
| Filing 37 Judge Indira Talwani: ELECTRONIC ORDER granting #36 Motion for Leave to Appear Pro Hac Vice Added Roger J. Marzulla. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice for admission of Roger J. Marzulla Filing fee: $ 100, receipt number AMADC-9430255 by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE. (Attachments: #1 Certification of Roger J. Marzulla)(Zaleznik, Ira) |
| Filing 35 NOTICE of Appearance by James Wedeking on behalf of Vineyard Wind 1 LLC (Wedeking, James) |
| Filing 34 Judge Indira Talwani: ELECTRONIC ORDER granting #33 Motion for Leave to Appear Pro Hac Vice Added James R. Wedeking. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice for admission of James R. Wedeking Filing fee: $ 100, receipt number AMADC-9423796 by Vineyard Wind 1 LLC.(Pirozzolo, Jack) (Additional attachment(s) added on 7/22/2022: #1 Exhibit A) (Kelly, Danielle). (Main Document 33 replaced on 7/22/2022 - removed exhibit to properly file as attachment) (Kelly, Danielle). |
| Filing 32 SEE ATTACHED NOTICE of Scheduling Conference. Scheduling Conference set for 8/17/2022 10:00 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) Modified on 7/22/2022 (MacDonald, Gail). |
| Filing 31 NOTICE of Appearance by Jack W. Pirozzolo on behalf of Vineyard Wind 1 LLC (Pirozzolo, Jack) |
| Filing 30 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) |
| Filing 29 Case transferred in from District of District of Columbia; Case Number 1:22-cv-00237. |
| Filing 28 Case transferred to the USDC for the District of Massachusetts pursuant to #25 Order on Motion to Intervene,, Order on Motion to Consolidate Cases,, Order on Motion to Transfer Case, Sent to Court via extraction. (zjm) |
| Filing 27 ADMINISTRATIVE RECORD (Federal Defendants' Notice of Filing Certified BOEM Administrative Record Addendum) by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON. (Attachments: #1 Exhibit Ex. 1-Certification, #2 Exhibit Ex. 2-Addendum)(Brown, Mark) |
| Filing 26 ANSWER to Complaint #1 by VINEYARD WIND 1 LLC.(zjm) |
Filing 25
MEMORANDUM OPINION AND ORDER granting #5 Motion to Intervene by Vineyard Wind LLC; granting Defendants' #10 Motion to Transfer the Case to the District of Massachusetts; and denying #8 Motion to Consolidate Cases without prejudice to refiling the motion in the transferee district. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 6/27/2022. (lccrc1)
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| Filing 24 ADMINISTRATIVE RECORD (Federal Defendants' Notice of Filing Certified Index to NMFS Administrative Record Second Addendum) by NATIONAL MARINE FISHERIES SERVICE, RICHARD W. SPINRAD. (Attachments: #1 Exhibit Ex. 1 - Certified Index to NMFS Administrative Record Second Addendum)(Brown, Mark) |
| Filing 23 ADMINISTRATIVE RECORD (Federal Defendants' Notice of Filing Certified Index to NMFS Administrative Record Addendum) by NATIONAL MARINE FISHERIES SERVICE, RICHARD W. SPINRAD. (Attachments: #1 Exhibit Ex. 1 - Certified Index to NMFS Administrative Record Addendum)(Brown, Mark) |
| Filing 22 NOTICE of Appearance by Luther L. Hajek on behalf of All Defendants (Hajek, Luther) |
| Filing 21 ANSWER to Complaint by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON, NATIONAL MARINE FISHERIES SERVICE, JAMIE A. PINKHAM, RICHARD W. SPINRAD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE INTERIOR, CHRISTINE WORMUTH.(Ellis, Angela) |
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Filing 20
ORDER granting #19 Joint Motion for Entry of Stipulated Protective Order. See full Order for details. Signed by Judge Christopher R. Cooper on 4/18/2022. (lccrc2)
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| Filing 19 Joint MOTION for Protective Order (Joint Motion for Entry of Stipulated Limited Protective Order) by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON, NATIONAL MARINE FISHERIES SERVICE, JAMIE A. PINKHAM, RICHARD W. SPINRAD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE INTERIOR, CHRISTINE WORMUTH. (Brown, Mark) |
| Filing 18 STIPULATION (Stipulated Limited Protective Order) by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON, NATIONAL MARINE FISHERIES SERVICE, JAMIE A. PINKHAM, RICHARD W. SPINRAD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE INTERIOR, CHRISTINE WORMUTH. (Attachments: #1 Exhibit Exhibit A-Acknowledgment and Agreement to be Bound by Protective Order)(Brown, Mark) |
| Filing 17 ADMINISTRATIVE RECORD (Federal Defendants' Notice of Filing Certified Indices to Administrative Records) by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON, NATIONAL MARINE FISHERIES SERVICE, JAMIE A. PINKHAM, RICHARD W. SPINRAD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE INTERIOR, CHRISTINE WORMUTH. (Attachments: #1 Exhibit Ex. 1-Certified Index to BOEM Administrative Record, #2 Exhibit Ex. 2-Certified Index to NMFS Administrative Record, #3 Exhibit Ex. 3-Certified Index to USACE Administrative Record)(Brown, Mark) |
| Filing 16 REPLY to opposition to motion re #10 MOTION to Transfer Case to District of Massachusetts filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON, NATIONAL MARINE FISHERIES SERVICE, JAMIE A. PINKHAM, RICHARD W. SPINRAD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: #1 Exhibit Massachusetts Amicus Brief)(Rosen, Perry) |
| Filing 15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF OCEAN ENERGY MANAGEMENT served on 2/10/2022; DEB HAALAND served on 2/11/2022; AMANDA LEFTON served on 2/11/2022; NATIONAL MARINE FISHERIES SERVICE served on 2/10/2022; JAMIE A. PINKHAM served on 2/7/2022; RICHARD W. SPINRAD served on 2/10/2022; UNITED STATES ARMY CORPS OF ENGINEERS served on 2/11/2022; UNITED STATES DEPARTMENT OF THE ARMY served on 2/17/2022; UNITED STATES DEPARTMENT OF THE INTERIOR served on 2/11/2022; CHRISTINE WORMUTH served on 2/14/2022 (Attachments: #1 Exhibit)(Marzulla, Nancie) |
| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/16/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/17/2022. (Attachments: #1 Exhibit)(Marzulla, Nancie) |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/14/2022. (Attachments: #1 Exhibit)(Marzulla, Nancie) |
| Filing 12 RESPONSE re #5 MOTION to Intervene filed by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE. (Marzulla, Nancie) |
| Filing 11 RESPONSE re #10 MOTION to Transfer Case to District of Massachusetts filed by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Marzulla, Nancie) |
| Filing 10 MOTION to Transfer Case to District of Massachusetts by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON, NATIONAL MARINE FISHERIES SERVICE, JAMIE A. PINKHAM, RICHARD W. SPINRAD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE INTERIOR, CHRISTINE WORMUTH. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Affidavit Jacek Declaration, #4 Affidavit Harrison Declaration, #5 Affidavit Pentony Declaration, #6 Exhibit Allco Complaint, #7 Exhibit Ack Residents Complaint, #8 Exhibit Allco Scheduling Order, #9 Exhibit Ack Residents Scheduling Order, #10 Exhibit Pet. for Review in 1st Circuit, #11 Exhibit Motion to Stay 1st Circuit Action, #12 Exhibit Status Report in 1st Circuit, #13 Affidavit Bennett Declaration)(Rosen, Perry) |
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MINUTE ORDER: The Court hereby sets the following expedited briefing schedule for Defendants' #10 Motion to Transfer: plaintiffs shall file their response by 2/25/2022; defendants shall file their reply by 3/4/2022. SO ORDERED by Judge Christopher R. Cooper on 2/18/2022. (lccrc1)
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| Filing 9 RESPONSE re #8 Consent MOTION to Consolidate Cases filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, AMANDA LEFTON, NATIONAL MARINE FISHERIES SERVICE, JAMIE A. PINKHAM, RICHARD W. SPINRAD, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE INTERIOR, CHRISTINE WORMUTH. (Rosen, Perry) |
| Filing 8 Consent MOTION to Consolidate Cases by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE. (Attachments: #1 Text of Proposed Order)(Marzulla, Nancie) |
| Filing 7 NOTICE of Appearance by Perry M. Rosen on behalf of All Defendants (Rosen, Perry) |
| Filing 6 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VINEYARD WIND 1 LLC (Buente, David) |
| Filing 5 MOTION to Intervene by VINEYARD WIND 1 LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Moeller in Support, #3 Declaration of Pachter in Support, #4 Proposed Answer, #5 Text of Proposed Order)(Buente, David) |
| Filing 4 SUMMONS (12) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(rj) |
| Case Assigned to Judge Christopher R. Cooper. (zsb) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE (Marzulla, Nancie) |
| Filing 2 NOTICE OF RELATED CASE by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE. Case related to Case No. 21-3276. (Marzulla, Nancie) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9013212) filed by RESPONSIBLE OFFSHORE DEVELOPMENT ALLIANCE. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Marzulla, Nancie) |
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