Western Organization of Resource Councils et al v. U.S. Bureau of Land Management et al
| Western Organization of Resource Councils, Montana Environmental Information Center, Powder River Basin Resource Council, Northern Plains Resource Council, Sierra Club and Natural Resources Defense Council |
| U.S. Bureau of Land Management, Sally Jewell, Neil Kornze and Janice Schneider |
| 4:2016cv00021 |
| March 15, 2016 |
| US District Court for the District of Montana |
| Great Falls Office |
| DANIELS |
| Brian Morris |
| Review or Appeal of Agency Decision |
| 42 U.S.C. ยง 4321 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
145
ORDER; Before this Court is the joint motion of Plaintiffs Western Organization of Resource Council, et al., and Federal Defendants to extend the stay of briefing on Plaintiffs motion for attorneys fees and costs granted by this Court on January 31, 2019, and clarified on March 13, 2019. ECF Nos. 141 , 143 . The Court having reviewed the joint motion, being fully informed in the premises, and with good cause having been established, finds that the joint motion shall be GRANTED. IT IS HEREBY ORDERED that the stay of briefing on Plaintiffs motion for attorneys fees and costs shall extend up to and including May 31, 2019. Signed by Judge Brian Morris on 4/1/2019. (TLO)
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Filing
143
ORDER granting 142 Motion to Clarify Stay. IT IS HEREBY ORDERED that the stay granted by this Court in its order of January 31, 2019, shall extend up to and including April 1, 2019. Signed by Judge Brian Morris on 3/13/2019. (MMS)
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Filing
141
ORDER granting 140 Motion to Stay. IT IS HEREBY ORDERED that all proceedings in this case shall be stayed for sixty days until March 5, 2019. Signed by Judge Brian Morris on 1/31/2019. (MMS)
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Filing
125
CLERK'S JUDGMENT: IT IS ORDERED: 1) Federal Defendants shall complete, within sixteen months of todays date and no later than November 29, 2019, new coal screening and remedial NEPA analyses in compliance with the Courts March 26, 2018 Order (Do c. 111); 2) Any new or pending leases of coal, oil, or gas resources in the planning areas subject to the Buffalo RMP and the Miles City RMP must undergo comprehensive environmental analyses in compliance with the Courts March 26, 2018 Order (Doc. 11 1) and all existing procedural requirements under NEPA and the APA; 3) The Clerk of Court is directed to enter judgment in favor of Plaintiffs and against Defendants on Claim 1, Claim 3, and Claim 5, in accordance with the Courts March 26, 2018 Order (Doc. 111); 4)The Clerk of Court is directed to enter judgment in favor of Defendants/Intervenors and against Plaintiffs on Claim 2, Claim 4, and Claim 6, in accordance with the Courts March 26, 2018 (Doc. 111); 5) Federal Defendants Motion to Reconsider (Doc. 112) is DENIED AS MOOT; 6) Federal Defendants and Defendant-Intervenors Motions for Leave to File Response to Plaintiffs Remedies Brief (Docs. 117, 119) are DENIED AS MOOT. (SLR)
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Filing
124
ORDER; Federal Defendants shall complete, within sixteen months of todays date and no later than November 29, 2019, new coal screening and remedial NEPA analyses in compliance with the Courts March 26, 2018, Order 111 . Any new or pending leases o f coal, oil, or gas resources in the planning areas subject to the Buffalo RMP and the Miles City RMP must undergo comprehensive environmental analyses in compliance with the Courts March 26, 2018, Order 111 and all existing procedural requirements under NEPA and the APA. The Clerk of Court is directed to enter judgment in favor of Plaintiffs and against Defendants on Claim 1, Claim 3, and Claim 5, in accordance with the Courts March 26, 2018, Order. 110 The Clerk of Court is directed to enter judgment in favor of Defendants/Intervenors and against Plaintiffs on Claim 2, Claim 4, and Claim 6, in accordance with the Courts March 26, 2018, Order. 111 Federal Defendants Motion to Reconsider 112 is DENIED AS MOOT. Federal Defendants and Defendant-Intervenors Motions for Leave to File Response to Plaintiffs Remedies Brief 117 119 are DENIED AS MOOT. Signed by Judge Brian Morris on 7/31/2018. (TLO)
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Filing
111
OPINION AND AMENDED ORDER re 109 Order, 1. Plaintiffs Motion for Summary Judgment 72 is GRANTED IN PART with regard to Claim 1, Claim 3, and Claim 5, and DENIED IN PART with regard to Claim 2, Claim 4, and Claim 6, in accordance with the above Order.2. Federal Defendants Cross-Motion for Summary Judgment 72 , Intervenor-Defendants BTU Western Resources and Peabody Caballo Minings Cross-Motion for Summary Judgment 84 , and Intervenor-Defendant Cloud Peak Energy's Cross-Motion for Su mmary Judgment 87 , are GRANTED IN PART with regard to Claim 2, Claim 4, and Claim 6, and DENIED IN PART with regard to Claim 1, Claim 3, and Claim 5, in accordance with the above Order. 3. Any new or pending leases of coal, oil, or gas resources in the planning areas subject to the Buffalo RMP and the Miles City RMP must undergo comprehensive environmental analyses in compliance with the above Order and all existing procedural requirements under NEPA and the APA. 4. The parties shall meet and confer in good faith to attempt to reach an agreement as to remedies. If the parties cannot agree, the parties shall submit additional briefing on remedies no later than 60 days from today's date, in accordance with the above Order. 5. Entry of judgment will follow the imposition of a remedy in accordance with the above order. The Clerk of Court is directed to withdraw the judgment previously entered 110 . Signed by Judge Brian Morris on 3/26/2018. (MMS)
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Filing
110
CLERK'S JUDGMENT: Plaintiffs Motion for Summary Judgment 72 is GRANTED IN PART with regard to Claim 1, Claim 3, and Claim 5, and DENIED IN PART with regard to Claim 2, Claim 4, and Claim 6, in accordance with the above Order.2. Federal Defenda nts Cross-Motion for Summary Judgment 72 , Intervenor-Defendants BTU Western Resources and Peabody Caballo Minings Cross-Motion for Summary Judgment 84 , and Intervenor-Defendant Cloud Peak Energys Cross-Motion for Summary Judgment 87 , are GRANTED IN PART with regard to Claim 2, Claim 4, and Claim 6, and DENIED IN PART with regard to Claim 1, Claim 3, and Claim 5, in accordance with the above Order. (MMS)
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Filing
73
ORDER granting 71 Motion for Procedural Order on Parties' Merits Briefing. The Court will allow arguments on remedies, if necessary, in separate briefing after a decision on the merits is reached. Signed by Judge Brian Morris on 7/17/2017. (ACC)
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Filing
67
ORDER granting 62 Motion to Appear Pro Hac Vice as to Elizabeth Morrisseau. Acknowledgment of PHV Order due by 6/27/2017. Signed by Judge Brian Morris on 6/12/2017. (Copy of order mailed to counsel Morrisseau) (MMS)
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Filing
49
ORDER granting 47 Motion to Appear Pro Hac Vice as to James Kaste. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 4/12/2017. (MMS) Modified on 4/12/2017 o reflect counsel Kaste is a registered user and order was served electronically (MMS).
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Filing
41
ORDER granting 40 Motion to Appear Pro Hac Vice for Attorney Andrew C. Emrich for Cloud Peak Energy Inc. Acknowledgment of PHV Order due by 3/23/2017. Signed by Judge Brian Morris on 3/8/2017. (MMS)
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Filing
36
ORDER re 35 Joint Case Management Plan, filed by Powder River Basin Resource Council, Natural Resources Defense Council, Montana Environmental Information Center, Sierra Club, Western Organization of Resource Councils, Northern Plains Resource Council, All Defendants. Signed by Judge Brian Morris on 2/16/2017. (MMS)
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Filing
34
OPINION AND ORDER: IT IS ORDERED: 1) Federal Defendants' 22 Motion to Dismiss Plaintiffs' Buffalo RMP claims is DENIED; and, 2) Federal Defendants' 22 Motion in the alternative to sever Plaintiffs' Buffalo RMP claims and transfer them to the District of Wyoming is DENIED. Signed by Judge Brian Morris on 1/24/2017. (SLR)
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